Special Education in Nonpublic Programs
The Individuals with Disabilities Education Act (IDEA) entitles a student with a disability to a free, appropriate public education in the least restrictive environment. When a student has educational needs that cannot be met in a public school setting, that student can be educated in a private school or facility, referred to as a nonpublic program, at public expense. A student’s admission, review, and dismissal (ARD) committee must determine that the school district or charter school cannot provide the student with the special education instruction and related services necessary to meet the student’s unique needs for that student to be educated in a nonpublic program.
The Local Education Agency is responsible for ensuring students placed in or referred to nonpublic schools are provided with special education and related services that meet federal and state special education program requirements under 19 Texas Administrative Code §89.1092 (for nonpublic residential placements), and 19 TAC §89.1094 (for nonpublic day placements). Placement in a nonpublic school is considered a more segregated educational environment than placement in a public school setting. Federal regulations and State Board of Education/Commissioner’s rules protect the rights of students in such placements. Nonpublic schools that provide special education are monitored by TEA to ensure compliance with federal and state standards.
APEX Application in TEAL
For the 2024-2025 school year, the APEX application opens on September 3, 2024. Beginning-of-year submissions are due October 3, 2024.
LEA and ESC users are able to for APEX (Application Program for Nonpublic and Off-Campus Placements, and High Cost Fund Application.) All Nonpublic Day and Residential applications and High Cost Fund applications must be submitted through the APEX application in TEAL.
- Updated 10/2024ÌýAPEX User Manual
- Nonpublic Placement Notification and Application Checklist
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- - video with captions
- Creating Nonpublic Day and Residential Applications
Program Guidance
- Nonpublic Placement Notification & Application Guidance
- Funding Explanations: Nonpublic Day |Updated 10/2024ÌýNonpublic Residential
- Directions for Viewing Residential Reimbursements
- Residential Reimbursement Program Guidelines
- Notification Requirements for Funding
- Ìý´¥ PDF Version
- Reintegration Planning Guidance
Nonpublic Facility Information
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- Beginning in the 2023-2024 school year, the TEA will no longer identify specific areas of disability and age/grade ranges of approval. It is the responsibility of the LEA to determine the appropriateness of the facility based on guidance outlined in the Nonpublic Age Range and Disability Minimum Standards.
- ÌýNote: not all facilities in this directory are approved nonpublic residential programs for special education placement. This directory is provided as a resource to help LEAs verify facility compliance with licensing requirements.
- Preliminary Approval GuideÌýfor day and residential facility representatives who are seeking preliminary approval of their facility as a nonpublic day or residential school.
Application Resources
- Recommended Reintegration Plan
- Nonpublic Placement Notification and Application Sample Cost Analysis
Nonpublic Monitoring Resources
- LEA Assurance Checklist for Contracting with Nonpublic SchoolsÌýand Record of Annual VisitsÌý
- LEA Student Folder Review for Nonpublic Program Monitoring
- Nonpublic Teacher Certification Verification Worksheet
Nonpublic Restraint Reporting
Beginning in the 2021-2022 school year, restraints for students in nonpublic day and nonpublic residential settings should be reported as part of the LEA’s summer PEIMS submission. The E1725 NON-MEMBERSHIPDISCIPLINE-RESTRAINT-INDICATOR-CODE captures restraint data for students in nonpublic day and residential placements (as well as any other students accessing special education services who are enrolled, not in membership.)Ìý