(1) An LEA shall only allocate per pupil state and local funds on a prorated daily basis to an approved out-of-state Facility for the length of the Student’s stay under the following conditions:
- (a) The Student is admitted to the out-of-state Facility under a signed, written order of a Qualified Physician, the order being based upon both medical necessity and the most appropriate medical services for the Student;
- (b) There were no facilities in Tennessee with the capacity to deliver the appropriate mental health treatment to the Student at the time the Student is admitted to the out-of-state Facility;
- (c) The Student admitted to the Facility was enrolled in and attended a public school in this state immediately preceding the Student’s admission to the Facility; and
- (d) The Student’s parents or legal guardians are residents of this state at the time of the Student’s admission to the Facility.
- (2) An LEA may require a Physician Attestation Form to be submitted to the LEA prior to the disbursement of funds to the out-of-state Facility.
Authority: T.C.A. § 49-3-370. Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Emergency rules filed August 14, 2024; effective through February 10, 2025. Emergency rules expired effective February 11, 2025, and the rules reverted to their previous statuses. Amendments filed January 31, 2025; effective May 1, 2025.