Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter T - ADMINISTRATION
Section 554.1934 - Educational Requirements for Persons under Age 22
Universal Citation: 26 TX Admin Code ยง 554.1934
Current through Reg. 49, No. 38; September 20, 2024
(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).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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