BILL ANALYSIS Senate Research Center S.B. 2751 By: Paxton Education K-16 4/24/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Some special education students have needs that are more profound than a school district has the capacity to serve in a traditional public school setting. Therefore, to enable a school district to still fulfill its mandate under federal law to provide Free Appropriate Public Education (FAPE) to all students in the least restrictive environment possible, school districts are authorized to contract with private providers to provide educational services in either a day placement program or in a residential setting. These private provider contracts are referred to as "nonpublic programs." A student may be placed in a nonpublic program if it is authorized by the child's Admission, Review, and Dismissal (ARD) Committee. Under these contracts, nonpublic programs must comply with federal and state special education rules and statutes. The Texas Education Agency (TEA) has the authority to inspect nonpublic programs with whom school districts have contracted to ensure compliance. For many students with the level of need necessitating receiving services through a nonpublic program, the services required to meet the student's unique needs could be described as medical care more so than what one would traditionally consider educational services. These settings are just as much therapeutic environments as they are educational settings. S.B. 2751 directs TEA to consider whether services provided in these settings align with medical standards of care and best practices for children with the student's disability, and whether employees of the facility have undergone and adhere to crisis prevention and intervention training, when inspecting a residential placement or day placement facility which is contracted by a school district to provide services to students with disabilities. As proposed, S.B. 2751 amends current law relating to the inspection of residential and day placement facilities for special education students. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0101, as follows: Sec. 29.0101. INSPECTION OF RESIDENTIAL AND DAY PLACEMENT FACILITIES. Requires the Texas Education Agency, in conducting an inspection in accordance with the monitoring system adopted under Section 29.010 (Compliance) of a residential placement or day placement facility with which a school district contracts to provide services to students with disabilities, to consider whether educational services provided to a student placed in a therapeutic environment in a residential or day placement at the facility align with medical standards of care and best practices for children with the student's disability and whether employees of the facility have undergone and adhere to crisis prevention and intervention training. SECTION 2. Provides that this Act applies beginning with the 20252026 school year. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2751
By: Paxton
Education K-16
4/24/2025
As Filed
Senate Research Center
S.B. 2751
By: Paxton
Education K-16
4/24/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Some special education students have needs that are more profound than a school district has the capacity to serve in a traditional public school setting. Therefore, to enable a school district to still fulfill its mandate under federal law to provide Free Appropriate Public Education (FAPE) to all students in the least restrictive environment possible, school districts are authorized to contract with private providers to provide educational services in either a day placement program or in a residential setting. These private provider contracts are referred to as "nonpublic programs." A student may be placed in a nonpublic program if it is authorized by the child's Admission, Review, and Dismissal (ARD) Committee.
Under these contracts, nonpublic programs must comply with federal and state special education rules and statutes. The Texas Education Agency (TEA) has the authority to inspect nonpublic programs with whom school districts have contracted to ensure compliance.
For many students with the level of need necessitating receiving services through a nonpublic program, the services required to meet the student's unique needs could be described as medical care more so than what one would traditionally consider educational services. These settings are just as much therapeutic environments as they are educational settings.
S.B. 2751 directs TEA to consider whether services provided in these settings align with medical standards of care and best practices for children with the student's disability, and whether employees of the facility have undergone and adhere to crisis prevention and intervention training, when inspecting a residential placement or day placement facility which is contracted by a school district to provide services to students with disabilities.
As proposed, S.B. 2751 amends current law relating to the inspection of residential and day placement facilities for special education students.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0101, as follows:
Sec. 29.0101. INSPECTION OF RESIDENTIAL AND DAY PLACEMENT FACILITIES. Requires the Texas Education Agency, in conducting an inspection in accordance with the monitoring system adopted under Section 29.010 (Compliance) of a residential placement or day placement facility with which a school district contracts to provide services to students with disabilities, to consider whether educational services provided to a student placed in a therapeutic environment in a residential or day placement at the facility align with medical standards of care and best practices for children with the student's disability and whether employees of the facility have undergone and adhere to crisis prevention and intervention training.
SECTION 2. Provides that this Act applies beginning with the 20252026 school year.
SECTION 3. Effective date: upon passage or September 1, 2025.