Tennessee Code Title 49. Education § 49-10-103

Current as of January 02, 2024 | Updated by Findlaw Staff

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

(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.

(d)(1) An LEA shall notify a parent or guardian of a student at least ten (10) calendar days before the student's IEP team meeting to ensure that the parent or guardian has an opportunity to attend, unless the parent or guardian and the LEA mutually agree to meet prior to ten (10) calendar days in accordance with rules promulgated by the state board of education.

(2) An LEA shall provide the following to the parent or guardian of the student who is the subject of the IEP team meeting at least forty-eight (48) hours prior to the scheduled IEP team meeting:

(A) A copy of the student's evaluation report that is to be used in the determination of the student's eligibility for special education or in the development of the draft IEP; and

(B) If the LEA creates a draft IEP for the student prior to the IEP team meeting, then a copy of the student's draft IEP, unless the student's parent or guardian provides written notice to the LEA more than forty-eight (48) hours prior to the scheduled IEP team meeting declining the parent's or guardian's right to receive a copy of the draft IEP.

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Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-10-103 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-10-103/

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