Current through September 24, 2024
(1) The LEA and
out-of-state Facility in which the Student enrolls shall establish a placement
agreement outlining the responsibilities of the LEA and the responsibilities of
the out-of-state Facility, including responsibilities regarding the provision
of FAPE and special education and related services for Students who have an
IEP. At minimum, the placement agreement shall certify the Facility intends to
meet the following requirements when providing services to an admitted Student:
(a) Provides a minimum of sixteen and
one-half (161/2) hours per week of educational instructional services to
admitted Students unless the Student's IEP provides otherwise;
(b) Implements the Student's IEP as written
at the time of the medical placement decision and as subsequently amended by
the Student's IEP team during the Student's stay at the Facility, if the
Student has an IEP; and
(c) Has a
sufficient number of teachers with an endorsement in special education or a
certification that the Department determines to be equivalent to an endorsement
in special education in Tennessee to comply with Student IEPs as written at the
time of the medical placement decision, or as revised by the IEP team as
appropriate per 34 CFR
§§
300.324(b) if
the Student has an IEP. The out-of-state Facility shall have the capacity to
implement all special education and related services by the endorsed service
provider as stated and required in Students' IEPs and to offer
FAPE.
(2) The
out-of-state Facility shall consult with the Student's LEA to determine how the
Facility will best provide core instruction in, at a minimum, English Language
Arts and Mathematics for the Student, as well as arranging for required
Tennessee state assessments when applicable.
(a) If the Student has an IEP, the
out-of-state Facility staff shall participate in the Student's IEP team
meetings to inform the instructional programming needs of the
Student.
(3) The
out-of-state Facility shall report the attendance of each admitted Student to
the public school in the LEA in which the Student is enrolled.
(4) If an LEA allocates funds to an
out-of-state Facility pursuant to this Chapter, then the LEA shall report any
non-compliance of the Facility to the Department, including, but not limited
to:
(a) The Facility failed to implement the
Student's IEP if the Student has an IEP;
(b) The Facility failed to report daily
attendance to the public school in the LEA in which the Student is enrolled;
or
(c) The Facility failed to
comply with applicable state and federal laws, or this Chapter.
(5) Additionally, if the
Department determines the out-of-state Facility has failed to comply with the
requirements of T.C.A. § 49-3-370(b), this Chapter, or all other
applicable state and federal laws, then the LEA shall cease the allocation of
funding as provided in this Chapter.
(a) The
Department shall notify the out-of-state Facility of noncompliance within five
(5) business days of discovery of noncompliance. The notification shall state
reasons for noncompliance and that the Facility is no longer approved and not
eligible to receive LEA per pupil state and local funds until the noncompliance
is corrected.
(b) A Facility that
has been notified by the Department of noncompliance shall lose its approval
from the Department until the noncompliance is corrected.
(6) If the out-of-state Facility loses its
approval from the Department due to noncompliance, the Facility may file an
appeal to the Department. Appeals shall be filed pursuant to the following two
(2) step appeal process:
(a) Step one (1): The
appeal shall be on the form provided by the Department and shall be submitted
to the Department within ten (10) business days of receipt of the notice of
loss of approval. Notice shall be provided electronically and is deemed
received at the time the Department sends the email notification. The appeal
shall be reviewed by the Commissioner of Education, or the Commissioner's
designee, and a decision shall be issued within forty-five (45) calendar days
of receipt of the completed appeal form by the Department. The Applicant shall
be notified of the Commissioner's decision in the step one (1) appeal
electronically. Such notice shall be deemed received at the time the Department
sends the email to the Applicant.
(b) Step two (2): An appeal of the
Commissioner's or the Commissioner's designee's decision in step one (1) shall
be filed with the Department by the Applicant within thirty (30) calendar days
of notice of the step one (1) decision. Step two (2) appeals shall be heard
before an administrative law judge via an administrative contested case hearing
governed by the Uniform Administrative Procedures Act (T.C.A. Title 4, Chapter
5).
(c) A party who is aggrieved by
a final decision in a step two (2) contested case hearing is entitled to
judicial review pursuant to T.C.A. § 4-5-322.
Authority: T.C.A. §
49-3-370.
