State Board of Education changes rules for students in out-of-state mental health facilities

The Tennessee State Board of Education unanimously voted Monday to pass emergency revisions to rules outlining admission requirements for Tennessee public school students to go to out-of-state residential mental health facilities.According to Scott Indermuehle, senior director of IDEA and nontraditional educational programs at the Tennessee Department of Education, the changes aim to make it easier for parents to enroll their children in out-of-state mental health facilities with state funds by removing certain requirements. He said the changes aim to make sure state policy is in line with Public Chapter 884, which was enacted in the 2024 legislative session, by removing conditions such as defining a residential mental health facility as one that serves at least fifteen Tennessee students per school year. The changes also removed the condition that the student has an active individualized education program (IEP) at the time of the student’s placement at the residential mental health facility.In addition, the revisions removed the stipulation that the student be “enrolled in and have attended a Tennessee public school for the full school year immediately preceding the student’s placement at the facility and instead requires that the student be enrolled in and attending a Tennessee public school at the time of the student’s admission to the facility," according to an outline from the board. Indermuehle noted that the revisions also added a requirement that the student’s parents be residents of Tennessee when the student is placed in a facility, however.“Because Chapter 884 went into effect on July 1, 2024, and out-of-state residential mental health facilities need to need to begin submitting invoices to [local educational agencies] immediately, the state board must promulgate emergency rules to ensure the conditions for allocating funding to out-of-state residential mental health facilities [according to state policy] and to ensure the rules are adjusted to ensure clarity,” he said during Monday's special called virtual meeting, adding that the changes will likely allow more families in Tennessee to take advantage of out-of-state services.The rule changes come as school districts across the state and nation continue investing in efforts to address growing concerns over student mental health, especially following the COVID-19 pandemic. Indermuehle said the first reading of a permanent rule will be brought to the State Board for approval at next month’s quarterly meeting.In other business, officials welcomed Ina Maxwell, the board’s newest member, to the role following her recent appointment by Tennessee House Speaker Cameron Sexton to represent the sixth congressional district. Maxwell has over 30 years of experience as an educator in Cumberland County, according to the board’s website.“I look forward to getting to know each and every one of you,” Maxwell said to the board.