Rules & Regulations of the State of Tennessee
Title 0520 - Education
Subtitle 0520-01 - State Board of Education Rules, Regulations, and Minimum Standards for the Operation of the Public School System
Chapter 0520-01-09 - Special Education Programs and Services
Section 0520-01-09-.10 - FUNDING REQUIREMENTS
Current through September 24, 2024
(1) State funds shall be allocated to each LEA in an amount to be determined by applying the applicable State funding formula to the children with disabilities identified and served during the preceding school year.
(2) In accordance with T.C.A. § 49-10-109, if an LEA is found by the Commissioner of Education ("Commissioner") to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the Commissioner may withhold all or any portion of the State funding for the LEA as, in the Commissioner's judgment, is warranted.
(3) Pursuant to 34 § C.F.R. 300.203, maintenance of effort shall be met if the LEA budgets at least the same total or per-capita amount from the combination of state and local funds as the LEA spent for that purpose from the prior year. The LEA may reduce the level of expenditures below the level for the preceding year if the reduction is attributable to the following:
(4) Each LEA shall establish appropriate policies and procedures for the administration of IDEA and preschool funds and shall maintain appropriate records and reports to be used in planning and evaluating special education programs and services. The Department shall notify each LEA of its allocation of federal funds annually.
(5) LEAs shall use IDEA funds for the excess costs of providing special education and related services to children with disabilities. IDEA funds received by the LEA shall not be commingled with state funds.
(6) LEAs shall maintain records that demonstrate compliance with the excess cost, non-supplanting, and comparability requirements for at least three (3) years after completion of the project described in the LEA's application for federal funds.
(7) Subject to the availability of federal funds, the Department shall establish a process for LEAs to request reimbursement for high-cost children with disabilities.
(8) Two (2) or more LEAs may submit a consolidated annual comprehensive plan, with the approval of the Department, under the conditions of federal law:
(9) For children with disabilities unilaterally placed in non-public schools, the same proportionate amount that is spent on public school children with disabilities from IDEA and preschool grants is allocated for the number of non-public school children with disabilities within the LEA's jurisdiction. The preceding December 1st special education child count is used in calculating non-public and public school ratios to determine the proportionate amount.
Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.