Nonpublic Programs

The Individuals with Disabilities Education Act (IDEA) entitles a student with a disability to free, appropriate public education in the least restrictive environment. When a student has educational needs that cannot be met in a public-school setting, that student can be educated in a private school or facility, referred to as a non-public program, at public expense. A student’s admission, review, and dismissal (ARD) committee must determine that the school district or charter school cannot provide the student with the special education instruction and related services necessary to meet the student’s unique needs for that student to be educated in a nonpublic program.

The Local Education Agency is responsible for ensuring students placed in or referred to nonpublic schools are provided with special education and related services that meet federal and state special education program requirements under 19 Texas Administrative Code §89.1092 (for nonpublic residential placements), and 19 TAC §89.1094 (for nonpublic day placements). Placement in a nonpublic school is considered a more segregated educational environment than placement in a public-school setting. Federal regulations and the State Board of Education/Commissioner’s rules protect the rights of students in such placements. Nonpublic schools that provide special education are monitored by TEA to ensure compliance with federal and state standards.

The application is available through the TEAL application, APEX.

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