Section 0520-01-14-.04 - PROVIDER ELIGIBILITY AND APPROVAL(1) A business, industry, educator, nonprofit entity, for-profit entity, trade association, branch of the United States armed forces, LEA, charter school, charter management organization, institution of higher education, or state agency seeking approval as a Course Provider shall submit an application to the Department by the deadline set by the Department. (a) The Department shall create a standard provider application which shall require, at a minimum, the following: 1. A data privacy policy that complies with all applicable state and federal student data privacy provisions, including, but not limited to, the Data Accessibility Transparency and Accountability Act; T.C.A. § 10-7-504: and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. g 1232g);2. An assurance that all information and resources for Extended Learning, in person, online, or Blended Learning courses are fully accessible for students of all abilities and:(i) All courses submitted for approval are reviewed to ensure the courses meet legal accessibility standards;(ii) The provider has an accessibility online learning policy;(iii) The provider has an Americans with Disabilities Act (ADA) Section 504 coordinator, a grievance policy, and provides annual notifications to all enrolled students;(iv) The provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and(v) The provider has no examination or test where a specific score is required to participate in Course Access Courses beyond completion of prerequisite coursework or demonstrated mastery of prerequisite material;3. Evidence of financial viability in compliance with guidelines determined by the Department.(2) The Department shall review all provider applications submitted in accordance with the application process and shall submit to the State Board recommendations for approval or denial. No provider applicant shall act as a Course Provider until approved by the State Board.(3) All decisions of the State Board concerning approval of provider applicants shall be final and not subject to appeal. However, a provider applicant that has been denied approval may submit a new application to the Department, in accordance with the approval process set forth in this Rule and further defined by the Department for the school year following the school year for which the application was denied.(4) All approved Providers shall be included in the listing of Providers in the Course Access Catalog. In order to offer Course Access Courses to students, an approved Provider shall establish a partnership with a Host LEA. No LEA shall be required to be a Host LEA.(5) All approved Providers shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, sex, creed, color, national origin, religion, ancestry, or need for special education services.(6) Each approved Provider shall:(a) Electronically provide, in compliance with guidelines set by the Department, a detailed student record of enrollment, performance, course completion, and course grading information to the Participating student's Home LEA and to the Department;(b) Comply with applicable virtual learning requirements established in T.C.A Title 49, Chapter 16, and State Board Virtual Education Rule 0520-01-03-.05 regarding virtual education courses, if offering virtual learning courses;(c) Comply with class size requirements established in T.C.A. § 49-1-104 and instructional and planning time requirements established by the State Board; and(d) Ensure each teacher of a Course Access Course is licensed to teach in this state and meets the qualifications to teach, including the requirement for annual evaluations, in compliance with the rules of the State Board.(7) A Course Provider may be excluded from the Course Access Catalog at any time if the State Board or Department finds that a Provider has failed to comply with state or federal law, the rules or policies of the State Board, or the procedures of the Department; if the Provider violates its Provider agreement; or if the terms of the Provider's application for approval are no longer accurate.Tenn. Comp. R. & Regs. 0520-01-14-.04
Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective 4/6/2023.Authority: T.C.A. §§ 49-18-101 through 49-18-110.