Residential Facilities Monitoring

What's Required

Local education agencies (LEAs) serving students with disabilities residing in residential facilities (RFs) located within the LEA's geographic boundaries and/or jurisdictions are subject to the RF monitoring system. In accordance with 19 Texas Administrative Code (TAC) § 97.1072, the RFM system provides for standards and procedures for monitoring the special education programs provided to students with disabilities residing in RFs. The RFM system has been established to improve performance and compliance with federal and state special education requirements for a unique and vulnerable population of students who often have limited access to family members who can advocate for their educational needs. The definition of a RF, for the purposes of the RFM system, is a facility that provides 24-hour custody or care of students who reside in the facility for detention, treatment, foster care, or any non-educational purpose. A RF does not include traditional foster homes licensed by the Texas Department of Family and Protective Services (TDFPS) as Foster Family Homes (Independent).

Ore City ISD is required to provide notice to the educational decision maker and caseworker regarding events that may significantly impact the education of a foster care student, including:

• Requests or referrals for special education evaluation
• ARD Committee meetings
• Manifestation determination reviews
• Any disciplinary actions for which parental notice is required
• Citations issued for Class C misdemeanor offenses on school property or school-sponsored activities
• Reports of restraint and seclusion and
• Use of corporal punishment

What We Do

The RF student transfer process will follow the steps outlined in the Ore City ISD Students with Disabilities Transfer Procedure.

When a student with disabilities who resides in a residential facility enrolls in a school, the campus registrar or designee:

1. Verifies parental status of the individual(s) enrolling the student.
2. Identifies the student is in the conservatorship of the TDFPS residing in a residential group-care facility (including emergency shelters) and requests FORM 2085: TDFPS Placement Authorization.
3. Notifies the diagnostic specialist of the RF student's enrollment; provides a copy of FORM 2085: TDFPS Placement Authorization to be placed in the RF student's special education eligibility folder; and enters student information into        .
4. Electronically requests and receives student records for students who have attended Texas public schools by using Texas Records Exchange (TREx); including information concerning a student's course or grade completion; teachers of record; assessment instrument results; receipt of special education services, including placement in a special education program and the individualized education program developed; and personal graduation plan (http://ritter.tea.state.tx.us/trex/).

Surrogate Parent

What's Required

The local education agency (LEA), must take steps to ensure parent participation in the Admission, Review, and Dismissal/Individualized Education Program (ARD/IEP) process and have afforded the opportunity for parent participation. In the event the parent(s) of a child eligible for special education services are not known, the child is a ward of the State or the child is an unaccompanied homeless youth, the LEA must determine whether or not a surrogate parent is warranted. 

The LEA must also ensure that surrogate parents are selected in accordance with 34CRF  §300.519(d)(2) and comply with TEC § 29.001(10) prior to representing children with disabilities in the ARD/IEP process. Once appointed, the surrogate parent is afforded all the same rights, procedural safeguards and access to educational records as the natural parent(s).

Children in the conservatorship of the Texas Department of Family and Protective Services (TDFPS) may be appointed a surrogate parent by the overseeing judge. In this case the LEA must ensure the surrogate parent selected complies with the same regulations in accordance with 34CRF § 300.519(d)(2) and TEC § 29.001(10) as indicated in the previous paragraph. Children placed in foster group homes and foster care homes by TDFPS may be represented by the Foster Parent(s) if they meet the criteria and complete the required training. Children placed in residential group-care facilities by TDFPS must be appointed a surrogate parent.

Once a child turns 18 years or older, the child is legally an adult and his/her own education decision maker regardless of functioning level or type of disability. If a court determines that the individual is legally incompetent then the court appointed guardian is the legal decision maker.

What We Do

At the Time of Enrollment

The Diagnostic Specialist completes the Request for Surrogate Parent and Verification form.

• If the student is in a foster care home;
  • Provide a copy of the Surrogate Parent Training Document, located in the resources section below.
• If the student is an unaccompanied homeless youth;
  • Contact the Instructional Officer for Special Education & Itinerant Programs.
  • Provide a copy of the Request for Surrogate Parent and Verification form.

Verification Process

• If a surrogate parent is needed;
  • Instructional Officer for Special Education & Itinerant Services will assign a surrogate parent.
  • The Diagnostic Specialist will provide the surrogate parent with the Surrogate Parent Letter of Agreement and Determination of Conflict of Interest Form with requests to sign and return to the diagnostic specialist.
  • Completed and signed documents are placed in the student's eligibility folder.
  • Diagnostic Specialist will communicate student program information as needed with the surrogate parent.

The Diagnostic Specialist:

1. Completes the Request for Surrogate Parent and Verification form and submits this form to the Instructional Officer for Homebound, Special Education & Itinerant Programs.
2. Contacts previous school district(s) to verify special education services for an RF student transferring from within or outside the state

In consultation with the parent/surrogate parent, FAPE is provided, including services comparable to those described in the student's IEP from the previous school district. The ARD/IEP Committee will conduct an ARD/IEP Committee Meeting within 30 school days to either adopt the student's IEP from the previous school district; or develop, adopt, and implement a new IEP.

If the parent/surrogate parent reports that the previous IEP was not appropriate; and campus personnel determine that comparable services are not appropriate, an ARD/IEP Committee must be convened as soon as possible to develop an IEP that will be utilized until the 30 Day Permanent Placement ARD/IEP ARD Committee Meeting is held. In this situation, the ARD/IEP Committee must provide justification in the IEP why comparable services are not being provided.

Residential Facility (RF) Tracker

LEAs will use the RF Tracker data collection system to report students with disabilities residing in a RF within their boundaries or jurisdiction. Information entered into the RF Tracker system from the previous year collection (facilities and RF students) has been rolled over to the current year to give OCISD a starting point for data entry. It is necessary to update existing data to reflect current school year information, and/or add and delete records for additional facilities or RF students that are no longer within OCISD's boundaries or jurisdiction. Verification of information is based on a review of the IEP document from the previous school district or the most current IEP document, and student data.

District Maintenance Page - Enter the School Year Start Date. Enter the School Year End Date.

Facility Maintenance Page - Complete the facility detailed information before entering the student data.

Total Number of Students in the Facility - Complete initial data entry for the current school year, reporting the total number of students (with and without disabilities residing in the facility on the last Friday in October (the PEIMS fall snapshot date). Verify Information based on a report from OCISD student data. To complete the required end-of-year RF Tracker data reporting, update the total number of students to reflect the average daily student residency for the facility during the current school year. Verify Information based on a report from Ore City ISD student data.

Student Detail Page - Enter a 'Start of the Year' event when a student enrolls in a RF on or before the first day of school. Enter an 'Enrollment' event when a student enters a RF after the first day of school. Enter a 'Withdrawal' event when a student withdraws from a RF before the 'End of Year' snapshot date. A Withdrawal event cannot be created until either a Start of Year or Enrollment event has been established.

Student Data - By entering the student's social security number or the alternative identification number, student-specific information is populated into this field which includes; social security number or alternative identification number, first name, middle name, last name, date of birth.

Enrollment Date - Enter the date the student enrolled at a OCISD campus. Verify information based on a review of student data.

Campus of Enrollment Number for RF - Enter the 10-digit identifying number (assigned by the TEA) of the campus the student is attending. Verify information based on Ore City ISD campus I.D. documents.

 Home Campus Number for RF - Enter the 10-digit identifying number (assigned by the TEA) of the traditional campus the student is expected to attend, based on the geographic location (address) of the residential facility in which the student resides. Verify information based on Ore City ISD campus I.D. documents.

Grade Level - Enter the student's assigned grade level ranging from EC to 12. Verify information based on a review of the most current IEP document or the IEP document from the previous school district; Ore City ISD and transcript for students in grades 9-12.

Is the Student Educated at the Facility - If yes, this student is educated at or in the general location of a residential facility, such as students served in the building in which they reside, in a classroom at the site of the RF, or in a building adjacent to or attached to the RF.

Is the Student Educated Only with Other RF Students - If yes, this student is educated exclusively with other students with disabilities who reside in a residential facility.

Surrogate Parent - If yes, enter the number of students assigned to the surrogate parent.

Length of Student's School Day - Enter the number of minutes in a full school day for the RF student. Verify information based on a review of the most current IEP document, student class schedule, and campus bell-to-bell schedule.

Length of Home Campus School Day for Non-Disabled Peer - Enter the number of minutes in a full school day for a non-disabled peer, at the traditional home campus the RF student is expected to attend, based on the geographic location (address) of the residential facility in which the student resides and the assigned grade level of the student. Verify information based on a review of the most current IEP document, student class schedule, campus bell-to-bell schedule, and student data.

Primary Disability, Secondary Disability, and Tertiary Disability - Enter the student's disability condition(s). Verify information based on a review of the most current IEP document.

Primary Disability at Time of Previous Year's State Assessment -  Enter the type of primary disability recorded in the student's IEP at the time of the most recent administration of a state assessment applicable to the student. This data element appears only on Withdrawal and End of Year event student records.

Type of Other Health Impairment - Identify whether the student has the diagnosis of ADHD. Verify information based on a review of the most current IEP document.

Multiple Disabilities - Identify whether the student qualifies for the disability condition of Multiple Disabilities. Verify information based on a review of the most current IEP document.

Instructional Arrangement - Enter the instructional setting code for the student's schedule of services. Verify information based on a review of the IEP document from the previous school district or the most current IEP document, student class schedule, and student data.

Instructional Arrangement prior to entering RF - Enter the instructional setting code for the student's schedule of services based on the IEP document from the previous school district.

Direct Related Services - Enter the services provided directly to the RF student, which are required to assist the student to benefit from special education. Verify information based on a review of the IEP document from the previous school district or the most current IEP document and student data.

Required Events in RF Tracker - It is important to understand that by the end of the RF reporting period, all students should have pairs of events. The first event of the pair will be either a Start of Year or Enrollment event. The second event of the pair will be either a Withdrawal or End of Year event. Information regarding a student must be entered at the beginning of each school year or at the time the student enters an RF, whichever is later. Additionally, information regarding a student must be entered at the end of each school year or at the time the student withdraws from an RF, whichever is earlier. A student may enroll and withdraw from a facility multiple times throughout the school year; though by the end of the RF reporting period these events should always come in pairs. Each of these enrollment and withdrawal events must be captured in RF Tracker using these predefined event types:

Start of Year - this event should be created when a student enrolls in an RF on or before the first day of school.

Enrollment - this event should be created when a student enters an RF after the first day of school. A student can enroll and withdraw from a facility multiple times.

Withdrawal - this event should be created when a student withdraws from an RF before the 'End of Year' snapshot date. A Withdrawal event cannot be created until either a Start of Year or Enrollment event has been established. Verify information based on a review of the student's Start of Year, Enrollment, and/or Withdrawn status.