(a) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:

Terms Used In Tennessee Code 49-10-601

  • 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
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of education. See Tennessee Code 49-10-102
  • IDEA: means the Individuals with Disabilities Education Act ( Tennessee Code 49-10-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Independent educational evaluations;
(2) Prior written notice;
(3) Parental consent;
(4) Access to and confidentiality of education records;
(5) State complaint and dispute resolution procedures and forms;
(6) The availability of mediation;
(7) Procedures when disciplining children with disabilities;
(8) Requirements for unilateral placement by parents of children in private schools at public expense;
(9) Advocacy services; and
(10) Free and low cost legal services.
(b) A copy of the procedural safeguards must be made available to the parents of a child with a disability one (1) time each school year; provided, however, that a copy must also be provided:

(1) Upon initial referral or parent request for evaluation;
(2) Upon receipt of the first state or due process complaint in a school year;
(3) On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct; and
(4) Upon request by a parent.
(c) The department shall maintain a current copy of the procedural safeguards on its website.
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