Section 0520-01-20-.04 - STUDENT ADMISSION(1) An LEA shall only allocate per pupil state and local funds on a prorated daily basis to an approved out-of-state Facility for the length of the Student's stay under the following conditions:(a) The Student is admitted to the out-of-state Facility under a signed, written order of a Qualified Physician, the order being based upon both medical necessity and the most appropriate medical services for the Student;(b) There were no facilities in Tennessee with the Capacity to deliver the appropriate mental health treatment to the Student at the time the Student is admitted to the out-of-state Facility;(c) The Student was enrolled in and attended a public school in Tennessee for the one (1) full School Year immediately preceding the Student's admission to the out-of-state Facility;(d) The Student is enrolled in a public school in Tennessee at the time of admission to the out-of-state Facility; and(e) The Student has an Active IEP from an LEA at the time of the medical placement decision.(2) An LEA may require a Physician Attestation Form to be submitted to the LEA prior to the disbursement of funds to the out-of-state Facility.Tenn. Comp. R. & Regs. 0520-01-20-.04
New rules filed February 23, 2022; effective 5/24/2022.Authority: T.C.A. § 49-3-370.