Tenn. Comp. R. & Regs. 0520-12-05-.04

Current through June 26, 2024

Section 0520-12-05-.04 - WEIGHTED ALLOCATIONS

(1) Pursuant to T.C.A. § 49-3-105(b), a Student generates Weighted Allocations, none of which are mutually exclusive of another.

(2) Weighted Allocations shall be multiplied by the Base Funding Amount to generate additional funds to support Student needs.

(3) Weighted Allocations shall be generated for the following Student characteristics and percentages:

(a) Economically Disadvantaged: The Weighted Allocation for a Student who is Economically Disadvantaged is twenty-five percent (25%).

(b) Concentrated Poverty: The Weighted Allocation for a Student who experiences Concentrated Poverty is five percent (5%).

(c) Small District: The Weighted Allocation for a Student who resides in a Small District is five percent (5%).

(d) Sparse District: The Weighted Allocation for a Student who resides in a Sparse District is five percent (5%).

(e) There are ten (10) levels of ULN Weighted Allocations which are based on the additional resources necessary to manage each ULN. A Student generates ULN Weighted Allocations for primary and secondary services for Special Education and Related Services, for English Learner status, and for Characteristics of Dyslexia status. A Student generates a Weighted Allocation for each of the Student's ULNs as follows:

1. ULN (1) is weighted at fifteen percent (15%) for a Student with Special Education Consultation Services.

2. ULN (2) is weighted at twenty percent (20%) for a Student with:

(i) Minimal Special Education Direct Services;

(ii) Characteristics of Dyslexia; and/or

(iii) English Learner Tier I.

3. ULN (3) is weighted at forty percent (40%) for a Student with Limited Special Education Direct Services.

4. ULN (4) is weighted at sixty percent (60%) for a Student with English Learner Tier II.

5. ULN (5) is weighted at seventy percent (70%) for a Student with English Learner Tier III.

6. ULN (6) is weighted at seventy-five percent (75%) for a Student with Moderate Special Education Support Direct Services.

7. ULN (7) is weighted at eighty percent (80%) for a Student with High-Support Special Education Direct Services.

8. ULN (8) is weighted at one hundred percent (100%) for a Student with Ancillary Special Education Direct Services.

9. ULN (9) is weighted at one hundred twenty-five percent (125%) for a Student with Most Intensive Special Education Support Direct Services.

10. ULN (10) is weighted at one hundred fifty percent (150%) for a Student with Special Education Residential/Homebound/Hospital Services.

(4) Student Eligibility and Requirements for ULN Weighted Allocations:

(a) Students Receiving Special Education and Related Services:

1. A Student generates a Weighted Allocation aligned to special education and Related Services if the Student:

(i) Has been determined eligible for special education and Related Services in accordance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.); T.C.A. § 49-10-108; and the State Board of Education Rules, Chapter 0520-01-09, for special education;

(ii) Has a finalized IEP; and

(iii) Meets the requirements of the applicable ULN.

2. LEAs shall ensure that each Student eligible for special education and Related Services receives individualized services, interventions, accommodations, and modifications that provide a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.); T.C.A. Title 49, Chapter 10; and the State Board of Education Rules, Chapter 0520-01-09, for special education.

3. To the maximum extent appropriate, each Student must be educated in the Student's Least Restrictive Environment alongside the Student's typically-developing peers. Special classes, separate schooling, or other removals of the Student from the general educational environment must occur only when, and to the extent that, the Student's IEP team determines that the nature of severity of the Student's disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Students with Characteristics of Dyslexia:

1. A Student generates a Weighted Allocation aligned to ULN 2 for Characteristics of Dyslexia if the Student:

(i) Has been determined to have Characteristics of Dyslexia because the Student:

(I) Meets one (1) of the following criteria:

I. Is in grades K-3 and falls below the 25th percentile on the composite score on the Tennessee universal reading screener provided by the Department or on a nationally normed, skills-based universal reading screener approved by the State Board;

II. Is in grades 4-8, and falls below the 25th percentile on the composite score on a nationally normed, skills-based universal reading screener; or

III. Is in grades 9-12 and the LEA's Early Warning System detects that the Student may be at-risk for a reading deficit; and

(II) Displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state's Minimum Universal Reading Screening Matrix, which could include the following areas:

I. Phonological awareness;

II. Phonemic awareness;

III. Sound symbol recognition;

IV. Alphabet knowledge;

V. Decoding skills;

VI. Rapid naming; or

VII. Encoding skills; and

(ii) Has a finalized ILP-D in accordance with T.C.A. § 49-1-229 and the State Board rules on Dyslexia; and

(iii) As observed and agreed upon by both the Student's teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49-1-229.

2. A Student shall not generate a Weighted Allocation for ULN 2 for Characteristics of Dyslexia if:

(i) A parent or legal guardian declines an ILP-D;

(ii) The Student with an ILP-D is subsequently determined eligible for special education and Related Services to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension; or

(iii) The Student has a primary or secondary eligibility category on the Student's finalized IEP to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension.

3. Each LEA shall:

(i) Develop for Students with Characteristics of Dyslexia in grades K-3, a language-focused ILP-D that provides appropriate tiered Dyslexia-specific interventions in accordance with T.C.A. § 49-1-229 and the State Board of Education Rules, Chapter 0520-01-22 and is designed to provide access to instruction aligned to grade level academic standards;

(ii) Develop for Students with Characteristics of Dyslexia in grades 4-12, an ILP-D that provides appropriate tiered Dyslexia-specific intervention in accordance with T.C.A. § 49-1-229 and is designed to provide access to instruction aligned to grade level academic standards and access to assistive technology supports;

(iii) At least annually, review and revise each Student's ILP-D;

(iv) Notify in writing the parent(s) or legal guardian(s) of a Student with Characteristics of Dyslexia:

(I) Before implementing the Student's ILP-D;

(II) Of progress monitoring data;

(III) Regarding the special education referral process;

(IV) Of the parent's or legal guardian's right to decline an ILP-D and that declining an ILP-D does not constitute a waiver of RTI2 services; and

(v) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILP-Ds for Students with Characteristics of Dyslexia in accordance with this rule, State Board of Education Rule Chapter 0520-01-22-.02, and the Tennessee Investment in Student Achievement (TISA) Guide.

(c) Students Identified as English Learners:

1. A Student identified as an English Learner shall qualify for one (1) ULN Weighted Allocation aligned to the ILP and services provided as detailed below.

(i) A Student generates a Weighted Allocation aligned to ULN 2 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules, Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier I by meeting one (1) of the following criteria:

I. The Student is a Long-Term English Learner;

II. The Student is a transitional English Learner who has met the exit criteria for the ESL program in accordance with State Board of Education Rules, Chapter 0520-01-19, and is in year one (1) or two (2) after exiting; or

III. The Student's parent(s) or legal guardian(s) have waived Direct ESL Services.

(ii) A Student generates a Weighted Allocation aligned to ULN 4 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules, Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier II; and

(III) Is receiving Direct ESL Services.

(iii) A Student generates a Weighted Allocation aligned to ULN 5 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules, Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier III by meeting both of the following:

I. The Student scores an overall proficiency level of three (3) or lower on the WIDA;

II. The Student has received three (3) years or less of ESL services; and

(III) Is receiving Direct ESL Services.

2. Each LEA shall:

(i) Develop and implement an ILP in accordance with State Board of Education Rules, Chapter 0520-01-19, for each English Learner in grades K-3 which includes Direct ESL Services and language focused supports to provide access to instruction aligned to grade level academic standards;

(ii) Develop and implement an ILP in accordance with the State Board of Education Rules, Chapter 0520-01-19, for each English Learner in grades 4-12 which includes Direct ESL Services and academic and career readiness supports that provide access to classroom instruction;

(iii) At least annually, review and revise, as necessary, each Student's ILP in accordance with State Board of Education Rules, Chapter 0520-01-19;

(iv) Comply with the parent and legal guardian participation and notification requirements in State Board of Education Rules, Chapter 0520-01-19, and Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.); and

(v) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILPs for English Learners in accordance with this rule, State Board of Education Rules, Chapter 0520-01-19, and the TISA guide.

(5) The Department shall:

(a) Monitor LEAs and public charter schools to ensure they are developing IEPs that provide educational services to Students in the Student's Least Restrictive Environment in compliance with T.C.A. § 49-10-108 and the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.);

(b) Develop appropriate corrective action plans when non-compliance with this rule or with T.C.A. §§ 49-3-101 et seq. is identified;

(c) Monitor LEAs and public charter schools for disproportionate identification of Students with Disabilities, Students with Characteristics of Dyslexia, and English Learners. LEAs identified with disproportionate identification based on state and local trend data will receive enhanced monitoring and technical assistance; and

(d) Provide training and technical assistance regarding the provisions of this rule and T.C.A. §§ 49-3-101 et seq. to LEA and public charter school personnel upon request.

Tenn. Comp. R. & Regs. 0520-12-05-.04

New rules filed November 17, 2022; effective 2/15/2023.

Authority: T.C.A. §§ 49-3-103(c), 49-3-105(b)(5), and 49-3-115.