Current through September 24, 2024
(1) Once a student
has been held in a Center outside of the geographic boundaries of the student's
Home LEA for seventy-two (72) consecutive hours, the Center shall send written
notification to the Receiving LEA. The written notification shall include the
name of the student incarcerated, the location of the Center, and the first
date the student was incarcerated at the Center. The Receiving LEA shall notify
the Department of the student's incarceration in accordance with Department
guidance.
(2) The Receiving LEA
shall request the student's education records from the Home LEA within five (5)
business days of receiving the written notification from the Center. The Home
LEA shall provide the student's education records to the Receiving LEA within
five (5) business days after receipt of the request from the Receiving LEA, but
shall provide, at a minimum, the student's transcript and any education records
indicating a need for specialized support or instruction within two (2)
business days of receiving the request from the Receiving LEA. Education
records indicating a need for specialized support or instruction include, but
are not limited to the following:
(a) A
Section 504 plan;
(b) An
Individualized Education Program (IEP) as defined in State Board Rules Chapter
0520-01-09, including any
supporting documents or plans necessary for the student to receive a free
appropriate public education (FAPE), such as a behavior intervention plan (BIP)
or a safety plan;
(c) An
Individualized Learning Plan (ILP) as defined in State Board Rules Chapter
0520-01-19; or
(d) An Individualized Learning Plan -
Dyslexia (ILP-D) as defined in State Board Rules Chapter
0520-01-22.
(3) Students Receiving General Education
Services.
(a) When a student receiving general
education services is held in a Center outside of the geographic boundaries of
the student's Home LEA, the student shall remain enrolled in the Home LEA for
the purpose of generating funding through the state's K-12 funding formula
pursuant to guidelines developed by the Department.
(b) No later than the student's eighth (8th)
Instructional Day in the Center, the Receiving LEA shall work with the Home LEA
to develop an ESP for the student.
(c) No later than the student's tenth (10th)
Instructional Day in the Center, the Receiving LEA shall ensure that the
student begins receiving educational services in accordance with the
ESP.
(d) When a student receiving
general education services exits the Center, the Receiving LEA shall notify the
Department within five (5) business days and shall provide the number of
Instructional Days the student was held in accordance with Department
guidance.
(e) The Department shall
transfer an amount equal to the per pupil state and local funds generated
through the state funding formula from the Home LEA to the Receiving LEA for
the length of instructional days a student receiving general education services
was held in a Center outside of the geographic boundaries of the student's Home
LEA, in accordance with Rule
0520-01-12-.05 of this
Chapter.
(f) When a student exits
the Center, the Receiving LEA shall forward all education records to the
student's Home LEA within ten (10) business days if the student returns to the
Home LEA or to the student's LEA of next placement if the student enrolls in a
new LEA.
(4) Students
Receiving Special Education Services.
(a) When
a student receiving special education services through an IEP is held in a
Center outside of the geographic boundaries of the student's Home LEA, the
student shall be unenrolled from the Home LEA and fully enrolled in the
Receiving LEA no later than the tenth (10th) Instructional Day in the Center.
The Receiving LEA shall receive the per pupil state and local funds for the
student under the state's K-12 education funding formula.
(b) The Receiving LEA shall provide
Comparable Services to the student until the Receiving LEA adopts the IEP
developed by the Home LEA or develops, adopts, and implements a new IEP.
Comparable Services shall be determined based on the individualized needs of
the student, not the resources available at the Center.
(c) When a student exits the Center, the
Receiving LEA shall forward all education records to the student's Home LEA
within ten (10) business days if the student returns to the Home LEA or to the
student's LEA of next placement if the student enrolls in a new LEA.
(d) The Receiving LEA shall ensure that the
Center complies with the requirements of the Individuals with Disabilities
Education Act and state special education law.
(5) If a student held in a Center is enrolled
in a public charter school, the authorizing LEA of the public charter school
shall be the Home LEA. The public charter school shall work with the Home LEA
to ensure all requirements regarding the transfer of records and funding are
met as set forth in paragraphs (3) and (4) of this Rule.
Authority: T.C.A. §
49-6-3023.
