Section 0520-01-20-.05 - COMPLIANCE AND MONITORING(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 (16½) 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.Tenn. Comp. R. & Regs. 0520-01-20-.05
New rules filed February 23, 2022; effective May 24, 2022. Amendments filed August 24, 2023; effective 11/22/2023.Authority: T.C.A. § 49-3-370.