(a) Every child with a disability is entitled to a FAPE.

Terms Used In Tennessee Code 49-10-103

  • Child with a disability: means a child between three (3) and twenty-one (21) years of age, both inclusive, who has been evaluated and determined as having a state-identified disability in accordance with the rules and regulations of the state board of education or as having one (1) or more of the following disabilities, as defined in 34 C. See Tennessee Code 49-10-102
  • FAPE: means a free appropriate public education in compliance with the IDEA. See Tennessee Code 49-10-102
  • IEP team: means a group of individuals described in 34 C. See Tennessee Code 49-10-102
  • LEA: means a local education agency. See Tennessee Code 49-10-102
  • Related services: means :
    (A) Transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including speech-language pathology and audiology services. See Tennessee Code 49-10-102
  • Special education: means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education. See Tennessee Code 49-10-102
(b) Each LEA is responsible for ensuring that every child with a disability receives special education and related services designed to meet the child’s unique needs.
(c) A child with a disability must be educated in the least restrictive environment. Special classes, separate schooling, or other removals of a child with a disability from the regular educational environment must occur only when, and to the extent that, the student’s IEP team determines that the nature or severity of the child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. To the maximum extent appropriate, a child with a disability must be educated alongside the child’s typically-developing peers.
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