(a) Parties. The state agencies named in this subsection are parties to this memorandum of understanding (MOU) and will be collectively referred to as the "parties." The term "Health and Human Service (HHS) agencies" will refer to all parties except the Texas Education Agency, Texas Juvenile Probation Commission, and Texas Youth Commission.(1) Texas Education Agency (TEA);(2) Texas Department of Human Services (TDHS);(3) Texas Department of Mental Health and Mental Retardation (TDMHMR);(4) Texas Department of Health (TDH);(5) Texas Department of Protective and Regulatory Services (PRS);(6) Texas Interagency Council on Early Childhood Intervention (ECI);(7) Texas Commission on Alcohol and Drug Abuse (TCADA);(8) Texas Juvenile Probation Commission (TJPC); and(9) Texas Youth Commission (TYC).(b) Purpose. In accordance with Texas Education Code (TEC),§29.012(d), the purpose of this MOU is to:(1) establish the respective responsibilities of school districts and of residential facilities (RFs) for the provision of a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act (IDEA)(20 USC §1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;(2) coordinate regulatory and planning functions of the parties;(3) establish criteria for determining when a public school will provide educational services;(4) provide for appropriate educational space when education services will be provided at the residential facility;(5) establish measures designed to ensure the safety of students and teachers; and(6) provide for binding arbitration consistent with Texas Government Code, Chapter 2009, and Civil Practice and Remedies Code, §154.027.(c) Definitions. The following words and terms, when used in this MOU, shall have the following meaning, unless the context clearly indicates otherwise.(1) Consistent with TEC, §5.001(8), "residential facility" (RF) means:(A) a facility operated by a state agency or political subdivision, including a child placement agency, that provides 24-hour custody or care of a person 22 years of age or younger, if the person resides in the facility for detention, treatment, foster care, or any non-educational purpose; and(B) any person or entity that contracts with or is funded, licensed, certified, or regulated by a state agency or political subdivision to provide custody or care for a person under subparagraph (A) of this paragraph. RFs include, but are not limited to:(i) child care facilities or institutions;(ii) independent foster group homes providing basic, therapeutic or rehabilitative services;(iii) independent foster family homes providing basic, therapeutic or rehabilitative services;(iv) agency foster family/group homes verified by a child placing agency licensed by PRS;(v) intermediate care facilities for the mentally retarded (ICFs-MR);(vi) psychiatric treatment centers;(vii) therapeutic camps or ranches;(viii) residential treatment centers licensed by PRS;(ix) nursing facilities;(x) TYC halfway houses and contract facilities;(xi) emergency shelters;(xii) hospitals;(xiii) juvenile pre-adjudication detention facilities;(xiv) juvenile post-adjudication secure correctional facilities;(xv) residential facilities funded and/or licensed by TCADA;(xvi) settings other than the student's natural or adoptive home in which residential services are provided in programs authorized by the Social Security Act, §1915(c); and(xvii) state hospitals, state schools, and state centers operated by TDMHMR.(2) "Student with a disability" means an individual who is eligible to receive special education and related services in accordance with IDEA and its implementing regulations, Code of Federal Regulations,