No private-school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

The District shall consult in a timely and meaningful way with appropriate representatives of private-school children with disabilities to decide which children will receive services, what services will be provided, how and where the services will be provided, and how the services provided will be evaluated. If a child with a disability is enrolled in a private school and will receive special education or related services from the District, the District shall initiate and conduct ARD committee meetings to develop, review, and revise a services plan for the child and ensure that a representative of the private school attends that meeting.

The District shall make the final decisions with respect to eligible private-school children.

20 U.S.C. 1412(a), 1413(a); 34 CFR 300.454

The District shall give appropriate representatives of private-school children with disabilities a genuine opportunity to express their views regarding educational needs of private-school children with disabilities. However, the services provided to private-school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools. 20 U.S.C. 1412(a), 1413(a), 34 CFR 300.454(b), 300.455(a)

When a student with disabilities who has been placed by his or her parents directly in a private school or facility is referred to the District, the District shall convene an ARD committee meeting to determine whether the District can offer to the student a free appropriate public education. If the District determines that it can, the District is not responsible for providing educational services to that student until the parents enroll the child in the public school full-time or request services under the dual enrollment rule. The District is not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the District made a free appropriate public education available to the child and the parents elected to place the child in the private school or facility.

Amounts expended to provide special education services to private-school students shall be equal to a proportionate amount of federal funds made available for eligible special education students educated within the District. For children ages 3 through 21, this shall be an amount that is the same proportion of the District's federal special education funding as the number of private-school children with disabilities residing in the District is to the total number of children with disabilities in the District.

20 U.S.C. 1412(a)(10), 1413(a); 34 CFR 300.403, 300.453; 19 TAC 89.1096

1. The student's ARD committee shall develop an individualized education program (IEP) designed to provide the student with a free appropriate public education (FAPE) in the least restrictive environment appropriate for the student.

2. From the IEP, the parent and the District shall determine which special education and/or related services will be provided to the student and the location where those services will be provided, based on the requirements concerning placement in the least restrictive environment set forth in 34 CFR 300.550-300.553 and the policies and procedures of the District.

3.  For students served under the provisions of dual enrollment, the District shall be responsible for the employment and supervision of the personnel providing the service, providing the needed instructional materials, and maintaining pupil accounting records. Materials and services provided shall be consistent with those provided for students enrolled only in the public school and shall remain the property of the District.

19 TAO 89.1096(d)

The District shall serve children with disabilities attending District charter schools in the same manner as it serves children with disabilities in its other schools and shall provide federal special education funds to those schools in the. same manner as it provides those funds to its other schools. 20 U.S.C. 1413(a)(5), 34 CFR 300.312

A District having a residential facility that is licensed by appropriate state agencies and located within the District's boundaries must provide special education and related services to eligible students residing in the facility. If, after contacting the facility to offer services to eligible students with disabilities, the District determines that educational services are provided through a charter school, approved non-public school, or a facility operated private school, the District is not required to provide services. However, the District shall annually contact the facility to offer services to eligible students with disabilities. 19 TAC 89.1001(c), 89.1115

The District shall notify TEA when it intends to contract for residential placement.

Costs of approved contracts for residential placement may be paid from a combination of federal, state, and local funds, according to Education Code 29.008(b).

If the District contracts for education services, rather than providing the services itself, it shall oversee the implementation of the student's IEP and shall annually reevaluate the appropriateness of the arrangement. An approved facility, institution, or agency with whom the District contracts shall periodically report to the District on the services the student has received or will receive, as well as diagnostic or other evaluative information the District requires in order to fulfill its obligations.

The District shall have the following responsibilities when making a residential placement:

1. Before placing a student with a disability in a residential facility, initiate and conduct a meeting to develop an IEP for the student in accordance with state and federal law.

2. List in each student's IEP the services the District is unable to provide and the facility is able to provide.

3. Make an annual on-site visit to verify that the facility can and will offer the services listed in the individual student's IEP and to ensure that the facility offers the student an appropriate educational program. The placement of more than one student may be considered in the same site-visit; however, the IEP of each student must be reviewed and a determination of appropriateness of placement and service must be made for each student.

4. Document in each student's IEP the appropriateness of the facility. General approval by TEA or a general screening by a regional education service center (RESC) is not sufficient.

5. For each student, the ARD committee shall establish written criteria and estimated time frames for returning the student to the District.

6. For all contract students, the District shall verify in the annual ARD review that:
   

   1. The facility continues to meet minimum standards for health and safety.

   2. Continued contracting is needed and the need is documented in the IEP.

   3. The facility continues to offer an appropriate program for the student.

When a student on a residential contract in one district moves to another district in Texas and the student is to continue on the contract, the district that negotiated the contract shall be responsible for the residential contract for the remainder of the school year.

Education Code 29.008; 19 TAC 89.61

For each of its students enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf, the District shall share the cost of the student's education (excluding the summer program) in accordance with Education Code 30.003. Prior to consideration of the student's educational placement for special education services, the District shall provide each parent of a student with visual or auditory impairments the following written information regarding the Texas School for the Deaf or Texas School for the Blind and Visually Impaired:

1. The availability of programs offered.

2. The eligibility and admissions requirements.

3. Student's rights to admission and to appeal admission decisions.

Education Code 30.003, 30.004; 19 TAC 89.62

The following requirements do not apply to children with disabilities who are convicted as adults under state law and incarcerated in adult prisons:

1. Federal requirements pertaining to participation of students with disabilities in general assessments;

2. Requirements concerning transition planning and transition services, if the children's eligibility will end, because of their age, before they will be released from prison.

If a child with a disability is convicted as an adult under state law and incarcerated in an adult prison, the child's ARD committee may modify the child's IEP or placement and need not consider the least restrictive environment requirements if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

20 U.S.C. 1414(d)(6), 34 CFR 300.311