(2)A center-based instructional arrangement/setting
is used when the child receives services in a day care center, rehabilitation
center, or other school/facility contracted with the Health and Human
Services Commission (HHSC) as an ECI provider/program. This arrangement/setting
would generate the same weight as the self-contained, severe instructional
arrangement/setting, and ADA funding will depend on the number of
hours served per week.
(3)Funding may only be claimed if
the district is involved in the provision of the ECI and other support
services for the child. Otherwise, the child would be enrolled and
indicated as not in membership for purposes of funding. If the district
is contracted with HHSC as an ECI provider, funding would be generated
under that contract.
(g)[(e)] For nonpublic day and
residential [school] placements, the school district
must comply with the requirements under §89.1092 of this title
(relating to Contracting for Nonpublic Residential Placements for
the Provision of a Free Appropriate Public Education (FAPE)) or §89.1094
of this title, as appropriate [or shared service arrangement
shall submit information to TEA indicating the students' identification
numbers, initial dates of placement, and the names of the facilities
with which the school district or shared service arrangement is contracting.
The school district or shared service arrangement shall not count
contract students' average daily attendance as eligible. TEA shall
determine the number of contract students reported in full-time equivalents
and pay state funds to the district according to the formula prescribed
in law].
(h)[(f)] Other program options
that may be considered for the delivery of special education and related
services to a student may include the following:
(1)contracts with other school districts; and
(2)other program options as approved by TEA.
The agency certifies that legal counsel has
reviewed the proposal and found it to be
within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on April 22, 2024
TRD-202401685 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 475-1497
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