| (a) A nursing facility that accepts school-age residents,
ages 3 through 21, must provide assurances to the Texas Department
of Human Services (DHS) that it has:
(1) established a written cooperative agreement with
the local independent school district that includes:
(A) general responsibilities of the facility and the
school district in delivering appropriate and mutually supportive
services to eligible school-age residents;
(B) a provision allowing the school district staff
to access, with appropriate consent of the eligible resident or guardian,
the facility's resident record and assessment information to avoid
unnecessary duplication of services;
(C) a provision allowing the school district staff
an opportunity to participate in or provide information for the facility's
admission, programmatic, and discharge-planning meetings when the
educational needs of an eligible resident are being considered; and
(D) a provision allowing the NF staff to participate
in or provide information to the school district's admission, review,
and dismissal (ARD) committee during its deliberations about each
eligible school-age resident; and
(2) developed written policies and procedures to ensure
that all eligible school-age residents, ages 3 through 21, who have
neither successfully graduated from nor completed an approved school
program are enrolled in a Texas Education Agency-approved educational
program. The facility must:
(A) notify the local education agency (LEA), in writing,
within three days of the admittance of an individual between the ages
of birth and 22; and
(B) provide the LEA with any of the following information
or records available to the facility within 14 working days of a school-age
child's admission to the facility:
(i) birth certificate or other document as proof of
a child's identity;
(ii) medical history and medical records, including
current immunization records;
(iii) social history;
(iv) vision and hearing screening and/or evaluation;
(v) assessment reports, including psychological, educational,
related service, and vocational assessments;
(vi) the facility's care plan;
(vii) educational history (at last previous educational
placement to facilitate the LEA's efforts to obtain educational records
from the previous LEA); and
(viii) any court order which authorizes the placement
in the facility.
(C) maintain, as a separate document in the school-age
resident's record, a copy of the original Individual Education Plan
(IEP) developed by the school district, and any subsequent changes;
(D) document, in the comprehensive care plan, the following:
(i) efforts to resolve differences between the IEP
and the comprehensive care plan;
(ii) educational objectives (such as behavior therapy
or speech therapy), services, and approaches;
(iii) the resident's adjustment to the educational
program;
(iv) changes and modifications to the plan; and
(v) discipline(s) in the facility responsible for follow-through
on each educational objective; and
(E) provide to the local ARD committee a description
of available space should a child need to be educated at the facility.
If the ARD committee decides that the facility is the appropriate
educational placement and the space is adequate, the facility must:
(i) provide the space as described, free of any costs,
including those incurred for the operation and maintenance of the
space; and
(ii) if the space will no longer be available or must
be reduced, notify the LEA 30 days in advance with regard to one student
and 90 days in advance regarding more than one student.
(b) If a provider desires to provide and administer
the provider's own educational program(s), the provider must secure
and maintain certification as a nonpublic school from the Texas Education
Agency.
(c) In accordance with the Education Code, §29.012,
DHS adopts by reference 19 TAC §89.1115 (relating to the Memorandum
of Understanding Concerning Interagency Coordination of Special Education
Services to Students with Disabilities in Residential Facilities).
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| Source Note: The provisions of this §554.1934 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective June 15, 1997, 22 TexReg 5277; amended to be effective May 1, 2003, 28 TexReg 2619; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
