Section 0520-01-20-.02 - [Effective until 2/10/2025] DEFINITIONS(1) "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.(2) "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.(3) "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.(4) "Department" means Tennessee Department of Education.(5) "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.(6) "FAPE" means a free appropriate public education in compliance with the Individuals with Disabilities Act ("IDEA"), 20 U.S.C. §§ 1400 et seq.(7) "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.(8) "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.(9) "LEA" means a Tennessee Local Education Agency and has the same meaning given in T.C.A. § 49-1-103(2).(10) "Physician Attestation Form" means a form signed and dated by the Qualified Physician that contains the patient's name and the dates of admission.(11) "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.(12) "School Year" means July 1 to June 30 for the purposes of determining enrollment.(13) "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.(14) "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.(15) "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.