Section 0520-01-12-.03 - NOTIFICATIONS AND TRANSFER OF RECORDS(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:(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.Tenn. Comp. R. & Regs. 0520-01-12-.03
Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed April 24, 2023; effective July 23, 2023. Amendments filed November 30, 2023; effective 2/28/2024.Authority: T.C.A. § 49-6-3023.