Part 1 General Provisions 49-10-101 – 49-10-116
Part 6 Rights of Children and Parents 49-10-601 – 49-10-606
Part 7 Early Intervention Program 49-10-702
Part 11 Homebound Instruction for Students 49-10-1101 – 49-10-1103
Part 13 Special Education Behavioral Supports Act 49-10-1301 – 49-10-1307
Part 14 Individualized Education Act 49-10-1401 – 49-10-1406

Terms Used In Tennessee Code > Title 49 > Chapter 10 - Special Education

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Behavior intervention training program: means a training program in positive behavioral supports, crisis intervention and the safe use of restraint and isolation. See Tennessee Code 49-10-1303
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Chemical restraint: means a medication that is prescribed to restrict a student's freedom of movement for the control of extreme violent physical behavior. See Tennessee Code 49-10-1303
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Department: means the department of education. See Tennessee Code 49-10-102
  • Department: means the department of education. See Tennessee Code 49-10-1402
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Eligible postsecondary institution: means a community college or university of the University of Tennessee system or the board of regents system or an accredited private postsecondary institution. See Tennessee Code 49-10-1402
  • Eligible student: means a resident of this state who:
    1. Is a child with any of the following disabilities as defined by the state board of education pursuant to § 49-10-102:
      1. Autism. See Tennessee Code 49-10-1402
      2. Emergency situation: means that a child's behavior poses a threat to the physical safety of the student or others nearby. See Tennessee Code 49-10-1303
      3. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
      4. FAPE: means a free appropriate public education in compliance with the IDEA. See Tennessee Code 49-10-102
      5. Fiduciary: A trustee, executor, or administrator.
      6. Fraud: Intentional deception resulting in injury to another.
      7. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      8. IDEA: means the Individuals with Disabilities Education Act (20 U. See Tennessee Code 49-10-102
      9. IEA: means an individualized education account. See Tennessee Code 49-10-1402
      10. IEP team: means a group of individuals described in 34 C. See Tennessee Code 49-10-102
      11. Isolation room: means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student. See Tennessee Code 49-10-1303
      12. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      13. LEA: means a local education agency. See Tennessee Code 49-10-102
      14. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      15. local board of education: means the board of education that manages and controls the respective local public school system. See Tennessee Code 49-1-103
      16. Mechanical restraint: means the application of a mechanical device, material or equipment attached or adjacent to the student's body, including ambulatory restraints, which the student cannot easily remove and that restrict freedom of movement or normal access to the student's body. See Tennessee Code 49-10-1303
      17. Noxious substance: means the use of any defense spray or substance as defined by departmental rule. See Tennessee Code 49-10-1303
      18. Parent: means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child. See Tennessee Code 49-10-1402
      19. Participating school: means a nonpublic school that meets the requirements established in this part and seeks to enroll eligible students. See Tennessee Code 49-10-1402
      20. Participating student: means an eligible student whose parent is participating in the individualized education account (IEA) program. See Tennessee Code 49-10-1402
      21. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      22. Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      23. Physical holding restraint: means the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body. See Tennessee Code 49-10-1303
      24. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
      25. Positive behavioral supports: means a systematic approach using evidence-based practices to improve school environments, and to prevent and respond to problem behavior that:
        1. Is proactive and instructional, rather than reactive and punitive. See Tennessee Code 49-10-1303
        2. Probate: Proving a will
        3. Program: means the individualized education account (IEA) program created in this part. See Tennessee Code 49-10-1402
        4. Property: includes both personal and real property. See Tennessee Code 1-3-105
        5. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
        6. Related services: means :
          1. 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
          2. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
          3. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
          4. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
          5. School personnel: means an individual employed on a full-time or part-time basis by a public school. See Tennessee Code 49-10-1303
          6. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
          7. 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
          8. 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
          9. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
          10. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          11. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          12. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
          13. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105