Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

Sequence Number: ______ _

Phone: 615-741-2650 Rule ID(s): Email: pu1Jlicatlons.i11formatlon@ln.gov File Date: -------

Last Effective Day: ______ _

Emergency Rule Filing Form Emergency rules are effective from date of filing, unless otherwise stated in the rule, for a period of up to 180 days.

A~/Board/Commission: Division :

Contact Person : Address:

. __ Zip: Phone:

State Board of Education N/A Angie Sanders 500 James Robertson Parkway, 5th Floor 37243 615 253-5707

Email : An_g~la.C.SandE:!rs@tn.gov

Revision Type (check all that apply): X Amendment X New

Repeal

Statement of Necessit The following emergency rules are authorized by Public Chapter 652 of 2020 to address issues arising from the state-wide closure of public and private schools and post-secondary institutions in the Spring of 2019-20 due to the COVID-19 public health emergency. These rules address eligibility for special education services under the

I category of developmental delay, and 2019-20 spending requirements for Individualized Education Account holders.

Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row.)

...

Chapter Number Chapter Title 0520-01-09 Special Education Programs and Services ..

Rule Number Rule Title 0520-01-09-.24 Extension of Initial Evaluation Timelines for the 2019-20 School Year

Chapter Number Chapter Title 0520-01-11 Individualized Education Accounts Rule Number Rule Title 0520-01-11-.13 Spendinq Requirements for 2019-20 Contract Year

SS-7040 (March 2020) RDA 1693

06-14-209359-93606/10/202012/7/2020

AMENDED RULES

AMEND Rule 0520-01-09-.24 Extension of Initial Evaluation Timelines for the 2019-20 School Year by adding the following as a new paragraph (1 )(b) which shall read as follows:

(b) For initial evaluations initiated or in process as of March 3, 2020 , eligibility for developmental delay may be determined in accordance with 0520-01-09-.02(6) after the student's seventh birthday if the student's seventh birthday occurred within the extended timeline as authorized by Section 0520-01-09-.24(1) or Subsection 0520-01-09-.24(1)(a).

Authority: Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing CO VID-19 relief) , Chapter 652 of the Public Acts of 2020, 34 C.F. R. § 300.301 (c) . Administrative History: Emergency rules filed April 16, 2020; effective through October 13, 2020.

AMEND Chapter 0520-01-11, Individualized Education Accounts , by adding a new rule .13 and FURTHER AMEND the table of contents for Chapter 0520-01-11 to add a new section .13, so that, as amended the new table of contents and rule shall read :

0520-01-11-,01 0520-01-11-.02

0520-01-11-.03 0520-01-1 1-.04 0520-01-11-.05

0520-01-11-.06

Purpose

Definitions Application

Term of the IEA Contract and Funds Transfer

Use of Funds

TABLE OF CONTENTS

0520-01 -11-.07

0520-01-11-.08 0520-01-11-.09

0520-01-11-.10 0520-01 -11 -.11 0520-01-11-.12 0520-01-11-.13

Monitoring and Compliance

Participating Schools and Providers Return to Local Education Agency Appeal Procedures Conflict of Interest

Reserved Spending Requirements for 2019-20 Contract Year

0520-01-11-.13 SPENDING REQUIREMENTS FOR 2019-20 CONTRACT YEAR

(1) Pursuant to the Governor's Executive Orders of the year 2020 declaring the existence of a State of Emergency in response to COVID-19 and Chapter 652 of the Public Acts of 2020, for the 2019-20 contract year, there is no requirement that overall spending equal fifty (50) percent of the annual award by the deadline for submission of the last expense report of the contract year.

(a) If overall spending does not equal fifty (50) percent by the deadline for submission of the last expense report and if the IEA is renewed for the 2020-21 contract year, the Department will not subtract the difference from the payments in the 2020-21 contract year. If a student withdraws from the IEA program or if the IEA is not renewed , the IEA shall be closed and any remaining funds shall be returned to the state treasurer to be placed in the basic education program (BEP) account of the education trust fund of 1992 under§§ 49-3-357 and 49-3-358.

Authority: Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief), Chapter 652 of the Public Acts of 2020, TC.A. §§ 49-1-302 and 49-10-1401 et seq. Administrative History:

SS-7040 (March 2020) 2 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Lillian Hartgrove X Bob Eby X Darrell Cobbins X Larry Jensen X Gordon Ferquson X Elissa Kim X Mike Edwards X Nick Darnell X Nate Morrow X

I certify that this is an accurate and complete copy of an emergency rule(s), lawfully promulgated and adopted.

Date: 6/9/20

Signature:

Name of Officer: Angie Sanders

Title of Officer: General Counsel ----------- -------- --

Agency/Board/Commission : _ S_ta_t_e_B_o_a_rd_of_E_d_u_c_a_ti_o_n ____________________ _

Rule Chapter Number(s) : 0520-01-09; 0520-01-11 - ---~-------------- - --------- - -All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7040 (March 2020)

Herbert H. SI tery Ill Attorney General and eporter

1,/t/J-()2,() r I Date

Filed with the Department of State on: _____________ _ _

Effective for: *days ------- - - ----~-Effective through: ---------------

* Emergency rule(s) may be effective for up to 180 days from the date of filing.

3

Tre Hargett Secretary of State

RDA 1693

RECEIVED2020 JUN 10 PM 4:19

SECRETARY OF STATE PUBLICATIONS

6/10/2020

18012/7/2020

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declc;irative sentence, without additional comments on the merits of the policy of the rules or regulation , whether the rule or regulation may have a projected impact on local governments ." (See Public Chapter Number 1070 (http://publications.tnsosflles .com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly.)

No impact.

SS-7040 (March 2020) 4 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1) .

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

These emergency rules address special circumstances created by the statewide closure of schools in the spring semester of the 2019-20 school year due to COVID-19. These rules address eligibility for special education services under the category of developmental delay for students who turned seven (7) prior to the completion of the evaluation in the 2019-20 school year, and 2019-20 spending requirements for Individualized Education Account holders due to the inability of some account holders to access therapies during the end of the 2019-20 school year.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

Public Chapter 652 of 2020 gave the State Board of Education authority to promulgate emergency rules addressin issues as a result of COVID-19.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

These rules impact students who were being evaluated for eligibility for special education under the category of developmental delay, and account holders participating in the Individualized Education Account program for the 2019-20 contract year. These rules were developed in consultation with the Department of Education office of special populations, and office of policy and legislative affairs and all urge adoption .

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

N/A

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

None.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Angie Sanders Angela. C.Sanders@tn.gov

Nathan James Nathan .James@tn.gov

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Angie Sanders AngelaC.Sanders@tn. gov

Nathan James Nathan.James tn. ov SS-7040 (March 2020) 5 RDA 1693

I Jay Klein Jay .Klei n@tn.gov

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Angie Sanders 500 James Robertson Parkway, 5th Floor Nashville, TN 27243 (615) 253-5707 Angela.C.Sanders@tn.gov

Nathan James 500 James Robertson Parkway, 5th Floor Nashville, TN 27243 (615) 532-3528 Nathan.James@tn .gov

Jay Klein 710 James Robertson Parkway, 9th Floor Nashville, TN 27243 (615) 260-4420 Jay.Klein@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests .

N/A

SS-7040 (March 2020) 6 RDA 1693

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-01-09 SPECIAL EDUCATION PROGRAMS AND SERVICES

AMEND rule 0520-01-09-.24(1), Special Education Programs and Services, by adding subsection (b) which shall read as follows:

0520-01-09-.24 EXTENSION OF INITIAL EVALUATION TIMELINES FOR THE 2019-20 SCHOOL YEAR

(b) For initial evaluations initiated or in process as of March 3, 2020, eligibility for developmental delay may be determined in accordance with 0520-01-09-.02(6) after the student’s seventh birthday if the student’s seventh birthday occurred within the extended timeline as authorized by Section 0520-01-09-.24(1) or Subsection 0520-01-09-.24(1)(a).

Authority: Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief), Chapter 652 of the Public Acts of 2020, 34 C.F.R. § 300.301(c). Administrative History: Emergency rules filed April 16, 2020; effective through October 13, 2020.

RULES OF

STATE BOARD OF EDUCATION CHAPTER 0520-01-11

INDIVIDUALIZED EDUCATION ACCOUNTS

AMEND Chapter 0520-01-11, Individualized Education Accounts, by adding the a new rule .13 and FURTHER AMEND the table of contents for Chapter 0520-01-11 to add a new section .13, so that, as amended the new table of contents and rule shall read:

TABLE OF CONTENTS

0520-01-11-.01 Purpose 0520-01-11-.07 Monitoring and Compliance 0520-01-11-.02 Definitions 0520-01-11-.08 Participating Schools and Providers 0520-01-11-.03 Application 0520-01-11-.09 Return to Local Education Agency 0520-01-11-.04 Term of the IEA 0520-01-11-.10

0520-01-11-.11 Appeal Procedures Conflict of Interest 0520-01-11-.05 Contract and Funds Transfer

0520-01-11-.06 Use of Funds 0520-01-11-.12 0520-01-11-.13

Reserved Spending Requirements for 2019-20 Contract Year

0520-01-11-.13 SPENDING REQUIREMENTS FOR 2019-20 CONTRACT YEAR

(1) Pursuant to the Governor’s Executive Orders of the year 2020 declaring the existence of a State of Emergency in response to COVID-19 and Chapter 652 of the Public Acts of 2020, for the 2019-20 contract year, there is no requirement that overall spending equal fifty (50) percent of the annual award by the deadline for submission of the last expense report of the contract year.

(a) If overall spending does not equal fifty (50) percent by the deadline for submission of the last expense report and if the IEA is renewed for the 2020-21 contract year, the Department will not subtract the difference from the payments in the 2020-21 contract year. If a student withdraws from the IEA program or if the IEA is not renewed, the IEA shall be closed and any remaining funds shall be returned to the state treasurer to be placed in the basic education program (BEP) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.

Authority: Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief), Chapter 652 of the Public Acts of 2020, T.C.A. §§ 49-1-302 and 49-10-1401 et seq. Administrative History: