Â鶹ԭ´´

Overview

This correspondence serves to update school systems of the Â鶹ԭ´´â€™s (Â鶹ԭ´´) plans to implement Texas Education Code (TEC), §48.304, added by , Article 4, and in the 89th Regular Session, which aims to increase the number and capacity of day placement programs. Additionally, the correspondence will provide an update on Â鶹ԭ´´â€™s responsibility to approve and maintain a list of approved special education day and residential placement programs, including the development of minimum standards by which each program must abide, to implement revisions to TEC §29.008 made by HB 2 and SB 568.

HB 2 and SB 568 enacted , which authorizes Â鶹ԭ´´ to award funds to certain day placement programs that are formed in an effort to increase the availability of these types of programs in all Texas counties.

Additionally, , was amended, applicable beginning with the 2026-27 school year, by HB 2 and SB 568 to clarify Â鶹ԭ´´â€™s responsibility regarding approving and maintaining a list of day placement and residential placement programs that are available for school systems to contract with should an admission, review, and dismissal (ARD) committee determine that type of placement to be a student’s least restrictive environment (LRE).

This correspondence will focus on what school systems need to know as they start preparing for the 2026-27 school year.

Funding for Day Placement Cooperatives

, establishes a funding allotment for qualifying day placement program cooperatives to support the development and expansion of county-level day placement programs. The funding is intended to increase the availability of day placement programs that provide supports for students with intensive and/or complex support needs. To receive the allotment, the program administrator of the cooperative must agree to serve eligible students within that county, unless the commissioner waives that requirement.

Qualifying day placement program cooperatives will receive $250,000 in the first year of operation and up to $250,000 in each subsequent year of operation. Funding eligibility is limited to one qualifying cooperative per county, and the agency is permitted to authorize funding to no more than 20 per year. Eligible applicants include school districts, regional education service centers (ESCs), and open-enrollment charter schools.

In implementing this allotment program, Â鶹ԭ´´ has determined the following: 

• To qualify for the funding allotment, any school district, ESC, or open-enrollment charter school that applies must agree to operate its program in compliance with TEC, §29.008, and 19 Texas Administrative Code (TAC) §89.1094, including meeting the minimum standards for special education day placement programs.
• For school districts, ESCs, or open-enrollment charter schools that geographically span multiple counties, their application must state which county their cooperative is intended to serve.

For the 2026-27 school year, to expedite the timeline for which eligible cooperatives could access the funding provided by , Â鶹ԭ´´ is moving forward as follows:

• Guidance around the new funding allotment
• The minimum standards for all day and residential placements due to ARD Committee decisions, as required by ;
• The proposed rule amendments for these programs will be posted to the on May 15; and
• The proposed timeline and information about the application and approval process as described below.

Timeline

Questions related to the day placement cooperative funding allotment may be directed to DayProgramFunding@tea.texas.gov.

Minimum Standards and Expanded Authority and Responsibility for Special Education Day and Residential Placement Programs

, effective September 1, 2026, specifies that the commissioner shall set minimum standards for day and residential placement programs. Beginning in the 2026-27 school year, school systems can expect the implementation of expanded minimum standards for day and residential programs. These minimum standards are intended to provide clear, standardized requirements for day and residential placement programs and improve monitoring and oversight activities. School systems should anticipate updated guidance on day and residential placement program documentation, data submissions, and provider compliance.

Both and , require commissioner rules, which are expected to be published as proposed in the Texas Register on May 15, 2026.

Existing and new providers will be required to comply with the elements in the minimum standards document linked to this TAA.

Training and Support around New Minimum Standards

 The Special Education Day and Residential Placement Programs team will offer training and technical assistance to stakeholders to support the new minimum standards starting in June 2026. These sessions will provide an overview of key requirements, timelines, and expectations for the 2026-27 school year, along with opportunities for questions and clarification. Additional details regarding technical assistance sessions and registration will be shared in the coming weeks through ESCs, Â鶹ԭ´´-LEA webinars, and the monthly Â鶹ԭ´´ special education newsletter.

Questions related to the minimum standards for day and residential placement programs may be directed to SpedDayandResidential@tea.texas.gov.