Tenn. Comp. R. & Regs. 0520-01-20-.03 - [Effective 2/10/2025] APPROVAL OF OUT-OF-STATE FACILITIES

(1) The Department shall administer an application process for out-of-state Facilities to be eligible to receive LEA per pupil state and local funds prorated for the length of an admitted Student's stay.

(2) An Applicant shall complete and submit the Standard Initial Application Form in accordance with the Department's application process. Applicants may apply for initial approval throughout the calendar year.

(a) The Department shall make a determination and notify the Applicant of initial approval or denial within thirty (30) business days of receipt of a completed Standard Initial Application Form.

(3) Applicants shall submit documentation to support that the Facility meets the following requirements:

(a) Operates in Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, North Carolina, or Virginia;

(b) Complies with all applicable health and safety laws, regulations, and codes of the state and locality in which the Facility is located;

(c) Serves at least fifteen (15) Tennessee students per School Year. The number of Tennessee students served shall be based on student enrollment from the School Year immediately preceding the School Year in which the Applicant seeks to receive approval. The number of Tennessee students served shall be determined using a Duplicated Count;

(d) All teachers at the Facility are licensed by the educator licensing authority of the state in which the Facility is located;

(e) Has at least one (1) teacher with an endorsement in special education or a certification that the Department determines equivalent to an endorsement in special education in Tennessee based on similar training and experience requirements to provide special education and related services to admitted Students;

(f) Provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to Students, unless the Student's IEP provides otherwise; and

(g) The Applicant's educational programs or instructional services meet the same requirements as a Category I-Special Purpose School, as applicable, pursuant to State Board of Education Rules Chapter 0520-07-02.

1. The Department may request additional documentation from the Applicant to make a determination whether or not the Applicant's educational programs or instructional services meet the same requirements as a Category I-Special Purpose School, as applicable. Additional documentation includes, but is not limited to, documentation of teacher licensure and evaluations, employee background checks, parent and teacher handbooks, school calendar, examples of teacher and student daily schedules, and documentation of curriculum used.

(4) An approved out-of-state Facility shall reapply annually to the Department for continued approval in order to remain eligible to receive LEA funds for the length of an admitted Student's stay. To reapply, a Facility shall complete and submit the Standard Renewal Application Form in accordance with the Department's procedures no later than one (1) calendar year from the date of initial or last renewal approval.

(a) The Department shall make a determination and notification to the Applicant of approval or denial within thirty (30) business days of receipt of the completed Standard Renewal Application Form.

Notes

Tenn. Comp. R. & Regs. 0520-01-20-.03

New rules filed February 23, 2022; effective May 24, 2022. Emergency rules filed 8/14/2024; exp. through 2/10/2025 (Emergency).

Authority: T.C.A. § 49-3-370.