2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.012. Residential Facilities

Sec. 29.012.  RESIDENTIAL FACILITIES.  (a)  Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall:
(1)  if the person is three years of age or older, notify the school district in which the facility is located, unless the facility is an open-enrollment charter school;  or
(2)  if the person is younger than three years of age, notify a local early intervention program in the area in which the facility is located.
(b)  An agency or political subdivision that funds, licenses, certifies, contracts with, or regulates a residential facility must:
(1)  require the facility to comply with Subsection (a) as a condition of the funding, licensing, certification, or contracting;  or
(2)  if the agency or political subdivision places a person in a residential facility, provide the notice under Subsection (a) for that person.
(c)  For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located.
(c-1)  The commissioner by rule shall require each school district and open-enrollment charter school to include in the district's or school's Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who:
(1)  are required to be tracked by the Residential Facility Monitoring (RFM) System; and
(2)  receive educational services from the district or school.
(d)  The Texas Education Agency, the Health and Human Services Commission, the Department of Family and Protective Services, and the Texas Juvenile Justice Department by a cooperative effort shall develop and by rule adopt a memorandum of understanding.  The memorandum must:
(1)  establish the respective responsibilities of school districts and of residential facilities for the provision of a free, appropriate public education, as required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;
(2)  coordinate regulatory and planning functions of the parties to the memorandum;
(3)  establish criteria for determining when a public school will provide educational services;
(4)  provide for appropriate educational space when education services will be provided at the residential facility;
(5)  establish measures designed to ensure the safety of students and teachers; and
(6)  provide for binding arbitration consistent with Chapter 2009, Government Code, and Section 154.027, Civil Practice and Remedies Code.
(e)  This section does not apply to a residential treatment facility for juveniles established under Section 221.056, Human Resources Code.
(f)  Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:
(1)  the student's school records, including records regarding:
(A)  special education eligibility or services;
(B)  behavioral intervention plans;
(C)  school-related disciplinary actions; and
(D)  other documents related to the student's educational needs;
(2)  any other behavioral history information regarding the student that is not confidential under another provision of law; and
(3)  the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student.
(g)  Subsection (f) does not apply to a:
(1)  juvenile pre-adjudication secure detention facility; or
(2)  juvenile post-adjudication secure correctional facility.
Text of Subsection (c-1) effective on June 12, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.13, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 767, Sec. 5, eff. June 13, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.002, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.003, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 22, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, eff. June 12, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 3, eff. September 1, 2019.