| (X) name and phone number of contact persons representing the
RF and the LEA; and
(ii) coordinate a student's individualized education program
(IEP) and treatment plan of care or service. Coordination between an LEA and
RF includes but is not limited to communication about responsibilities and
timelines related to the development and implementation of the IEP and treatment
plan, including permanency planning.
(B) TEA will require LEAs to provide:
(i) the name and phone number of the contact person representing
the RF to the surrogate parent, upon assignment of the surrogate parent;
(ii) the name and phone number of the surrogate parent, upon
assignment of the surrogate parent, to the contact person representing the
RF; and
(iii) designation and training of surrogate parents in accordance
with §89.1047 of this title (relating to Procedures for Surrogate and
Foster Parents).
(C) TYC and the HHS agencies will provide the following notifications
to TEA.
(i) TYC and the HHS agencies, other than PRS, will notify TEA
when an RF opens, closes, expands, or reduces its capacity to provide services,
if the notifying agency expects such action will have a significant effect
on one or more LEAs. The notice will be provided to TEA before the RF opens,
closes, expands, or reduces its capacity to provide services, or as soon thereafter
as the notifying agency becomes aware of the action. If an RF is closing,
the notifying TYC or HHS agency will request that the RF attempt to obtain
any consent necessary to release to TEA and an LEA, information about a student
with a disability residing in the RF, including the student's name, date of
birth, social security number, disability, and name of the LEA to which the
student will be moving. TEA will notify the affected LEA of the expected action
so the LEA can adjust its capacity to serve students with disabilities.
(ii) PRS will provide TEA with a copy of the notice required
by Texas Human Resources Code, §42.0461(a)(2). Additionally, PRS and
TEA will explore possible use of PRS' Child Care Licensing Automation Support
Services management system to generate information that may assist TEA in
its effort to notify LEAs when an RF opens, closes, expands, or reduces its
capacity to provide services.
(3) Criteria for determining when a public school will provide
educational services are established as follows.
(A) TEA will ensure that the local school district provides
a FAPE to all eligible students with disabilities, in the least restrictive
environment (LRE), to the maximum extent appropriate, to meet the individual
educational needs of the student as determined by a duly-constituted admission,
review, and dismissal (ARD) committee, and in accordance with §89.1001
of this title (relating to Scope and Applicability).
(B) The student's ARD committee must determine the appropriate
educational placement for the student, considering all available information
regarding the educational needs of the student, and including the non-educational
needs that may restrict the ability of the LEA to serve the student on a public
school campus or other instructional setting. These non-educational needs
could include the student's health and safety (e.g. substance abuse), and/or
the student's placement in a restrictive RF program (e.g., juvenile incarceration
or restrictive court-ordered placements). The ARD committee's determination
must be individualized based on student need and not made on a categorical
basis, such as the student's disability or residence in an RF. Further, ARD
committees must not determine educational placement on the basis of what is
most convenient to LEAs or RFs.
(4) When educational services will be provided at an RF, appropriate
educational space will be determined as follows.
(A) The ARD committee must determine whether space available
at the RF is appropriate for the provision of a FAPE. This determination must
be based on the individual student's needs and the RF's available space.
(B) An ARD committee must find alternative locations for providing
educational services if the ARD committee or RF determines that the RF has
no appropriate available space.
(5) Measures designed to ensure the safety of students and
teachers are established as follows.
(A) The parties will require RFs and LEAs to agree in writing
to the staffing levels that will be maintained by both the RF and the LEA
to ensure the safety of students and teachers while educational services are
provided at an RF.
(B) TYC, TJPC, and HHS agencies will require RFs to communicate
to LEA staff applicable safety, emergency, and security procedures to be followed
while educational services are provided at an RF.
(6) Disputes concerning the implementation of this MOU will
be resolved as follows.
(A) Local disputes. Resolution of disputes concerning implementation
of this MOU between LEAs or between an LEA and an RF shall first be attempted
at the local level. The specific issues involved in the dispute and possible
solutions shall be identified and referred to local personnel authorized to
make decisions necessary to resolve the dispute. If resolution is not reached
after a reasonable period of time (not to exceed 45 calendar days unless the
disputing entities agree otherwise), the LEA shall refer (and the RF may refer)
the dispute to TEA for further negotiations toward a mutually agreeable resolution.
TEA will contact the disputing entities and set up a meeting for this purpose.
Local entities referring disputes to TEA shall identify:
(i) the nature of the dispute;
(ii) any resolutions agreed upon;
(iii) the issues that remain unresolved; and
(iv) the contact persons representing the disputing entities.
(B) State agency disputes. Resolution of disputes concerning
implementation of this MOU between two or more parties must first be attempted
at the staff level. If resolution is not reached after a reasonable period
of time (not to exceed 45 calendar days unless the disputing parties agree
otherwise), the disputing parties will refer the dispute to their respective
executive officers, or their designees for further negotiation. The appropriate
state officials shall meet to seek resolution of the dispute.
(i) Mediation. If the chief executive officers of the disputing
parties determine that the dispute cannot be resolved at their level, the
disputing parties may pursue resolution through the use of mediation pursuant
to the Governmental Dispute Resolution Act, Texas Government Code, Chapter
2009.
(ii) Arbitration. If the disputing parties do not agree to
pursue resolution of their dispute through mediation, or if mediation does
not result in a resolution of their dispute, the disputing parties will participate
in binding arbitration consistent with Texas Government Code, Chapter 2009,
and Texas Civil Practice and Remedies Code, §154.027.
(7) Other terms of this MOU.
(A) This MOU shall be signed by the executive officers of the
participating agencies and shall be effective upon signature by all.
(B) This MOU may be considered for expansion, modification,
or amendment upon mutual agreement of the executive officers of the participating
agencies.
(C) In the event that federal and/or state laws should be amended,
federally interpreted, or judicially interpreted so as to render continued
implementation of this MOU unreasonable or impossible, the participating agencies
may agree to amend or terminate this MOU.
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