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 regarding the student's FAPE and special education
and related services pursuant to the Student's 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; 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 the Student's IEP 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). 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 the
Student's IEP 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) 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 including all applicable state
and federal laws related to special education services; or
(b) The Facility failed to report daily
attendance to the public school in the LEA in which the Student is
enrolled.
(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.
