Section 0520-01-09-.09 - LEA ELIGIBILITY FOR FEDERAL IDEA PART B FUNDS(1) Each LEA shall demonstrate to the satisfaction of the Department of Education that it: (a) Complies with all state and federal requirements for child find;(b) Makes available a FAPE to all children with disabilities;(c) Includes children with disabilities in state and district-wide assessments, with appropriate accommodations and modifications where necessary, or in alternate assessments. The type of assessment must be determined by the IEP team consistent with the state guidelines for participation of students with disabilities in state or districtwide assessments.(d) Ensures that children with disabilities participating in early intervention programs experience a smooth and effective transition to preschool programs and that, by the child's third birthday, an IEP has been developed and implemented for the child. The LEA shall participate in the transition planning meeting no less than ninety (90) days prior to the third birthday of a child who may be a child with a disability.(e) Ensures that children with disabilities who are enrolled in private schools or facilities by the LEA are provided special education and related services, in accordance with the IEP, at no cost to them or to their parents.(f) Ensures that children with disabilities who are enrolled in private schools by their parents have an opportunity for special education services and that the amount spent to provide those services is a proportionate amount of the federal funds made available to the LEA. No unilaterally placed private school child with a disability has an individual entitlement to receive some or all of the special education and related services that the child would receive if enrolled in a public school.(g) Establishes and has in effect policies, procedures, and programs that are consistent with this chapter for implementing the provision of special education and related services in order to ensure compliance with applicable state and federal regulations including, but not limited to:1. Free appropriate public education, including interagency agreements to ensure FAPE for all children;2. Child find procedures;3. Evaluation, reevaluation and determination of eligibility procedures;4. IEP/Individual Family Service Plan (IFSP) procedures;5. Confidentiality procedures;6. Private school services procedures;7. Goals for performance of children with disabilities through school improvement planning;8. Inclusion of children with disabilities in state and district-wide assessment programs with appropriate accommodations and modifications and the reporting of assessment data; and9. Maintenance of effort.(h) Supplements the provision of special education funds but does not commingle or supplant the provision of special education funding.(i) Publicizes annual information regarding its special education programs and services and child find activities.(j) Ensures that special education professionals and paraprofessionals are provided professional development collaboratively with general education personnel.(k) Ensures that school administrators have professional development, training and the resources to establish challenging expectations and provide access to the general education curriculum in the regular classroom to the maximum extent possible for all children including those eligible for special education.(l) Ensures that a continuum of alternative placements and related services are available to meet the needs of children with disabilities.(2) Each LEA shall annually submit to the Department, at a minimum, the following information in accordance with the Department's guidelines: (a) A census of children with disabilities showing the total number and distribution of children within the LEA's jurisdiction who are provided special education and related services;(b) An assurance that IDEA funds will be used to supplement, and not to supplant, state and local funds, and will be expended only for the excess cost of providing special education and related services to children with disabilities;(c) An assurance that, to the maximum extent appropriate, children with disabilities are educated with children without disabilities;(d) A detailed budget and end of the year report of expenditures of all funds available to provide special education and related services; and(e) An assurance that a FAPE is available to all children with disabilities between the ages of three (3) and twenty-one (21), inclusive, including children who reach twenty-two (22) years of age during the school year and children who have been suspended or expelled for more than ten (10) school days in a school year.(3) Each LEA shall maintain an accurate record of all children with disabilities who are residing within its jurisdiction. The census shall be taken on December 1 of each year and at other times as required by the Department.(4) LEAs shall evaluate their special education programs and related services according to federal and state evaluation criteria.(5) LEAs, state agencies, and private schools shall be monitored on a periodic basis by the Department of Education to determine the extent to which special education and related services are being implemented in the least restrictive environment and to assure compliance with applicable laws and regulations. The Department of Education shall provide technical assistance in self-evaluation, program planning, and implementation of any necessary corrective action plans.(6) The Department shall annually report on the Department's website, at a minimum, the following information:(a) The number and percentage of children with disabilities in this state;(b) The number and percentage of children with disabilities, disaggregated by disability category;(c) The participation and performance of children with disabilities on state assessments; and(d) Other performance indicators for children with disabilities.Tenn. Comp. R. & Regs. 0520-01-09-.09
Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective 8/12/2021.Authority: T.C.A. § 49-10-101 and 34 C.F.R. Part 300.