Section 0520-01-20-.02 - [Effective 2/10/2025] DEFINITIONS(1) "Active IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§ 300.320 through 300.324 and was being implemented in the LEA at the time the student was admitted to the out-of-state Residential Mental Health Facility.(2) "Applicant" means an out-of-state Residential Mental Health Facility that seeks to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee student's stay.(3) "Capacity" means a bed available in a Tennessee Residential Mental Health Facility to deliver the appropriate mental health treatment to the Student at the time the Student is admitted to the out-of-state Facility.(4) "Category 1-Special Purpose School" means a non-public school approved individually by the Tennessee Department of Education that addresses a student's education while receiving short term medical or transient care.(5) "Department" means Tennessee Department of Education.(6) "Duplicated Count" means a student is counted towards the annual total of students served by the facility each time the student is admitted to the facility.(7) "Facility" or "Residential Mental Health Facility" means a facility which provides twenty-four (24) hour residential treatment and habilitation. The focus of the program may be on short-term stabilization or longer-term treatment and habilitation. The program must provide or arrange for an education component in compliance with this Chapter.(8) "FAPE" means a free appropriate public education in compliance with the Individuals with Disabilities Act ("IDEA"), 20 U.S.C. § 1400 et seq.(9) "Individualized Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§ 300.320 through 300.324.(10) "IEP Team" means a group of individuals described in 34 CFR § 300.321 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.(11) "LEA" means a Tennessee Local Education Agency and has the same meaning given in T.C.A. § 49-1-103(2).(12) "Physician Attestation Form" means a form signed and dated by the Qualified Physician that contains the patient's name and the dates of admission.(13) "Qualified Physician" means a person who is licensed under T.C.A. Title 63, Chapter 6 or T.C.A. Title 63, Chapter 9 or similar statute in another jurisdiction and who is the professional treating the student for the medical condition requiring admittance to a Residential Mental Health Facility.(14) "School Year" means July 1 to June 30 for the purposes of determining enrollment.(15) "Standard Initial Application Form" means a document whereby an out-of-state Facility may seek to receive approval by the Department to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee student's stay.(16) "Standard Application Renewal Form" means a document whereby an approved out-of-state Facility may seek to receive continued approval by the Department to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee student's stay.(17) "Student" means a child enrolled in a Tennessee public school, grades Kindergarten through grade twelve (K-12), and who is admitted to the Facility pursuant to this Chapter.Tenn. Comp. R. & Regs. 0520-01-20-.02
New rules filed February 23, 2022; effective May 24, 2022. Amendments filed August 24, 2023; effective November 22, 2023. Emergency rules filed 8/14/2024; exp. through 2/10/2025 (Emergency).Authority: T.C.A. § 49-3-370.