Title 49, Education

(a) There shall be an advisory council for the education of students with disabilities, which shall advise and consult with the governor, the commissioner of education, the state board of education and the director of the division of special education and which shall engage in su…

(1) The state board of education, in consultation with the department of education, is authorized to take necessary action in the area of special education to:(1) Adopt standards or qualifications for teachers and other personnel providing instruction or other educational service…

(a) Nothing in this chapter prevents an LEA from providing special education or related services for children with disabilities by contracting with another LEA to provide services for children with disabilities from the other LEA. (b) The LEA in which the child is enrolled shall …

(a) Every LEA shall identify, locate, and evaluate all children with disabilities, or who are suspected of having a disability, within its boundaries, ages three (3) through twenty-one (21), both inclusive, who need special education and related services, including all children w…

(a) (1) If an LEA is found by the commissioner of education to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the commissioner may withhold all or any portion of the Tennessee investment in student achi…

(a) Each LEA shall establish a program of homebound instruction for each student who qualifies. A student qualifies for homebound instruction if the student's treating physician certifies in writing that the student has a medical condition that prevents the student from attending…

The department of education shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules as are necessary to ensure that this part is implemented in an efficient and effective manner.

(a) The state shall provide special education funds from the Tennessee investment in student achievement formula (TISA), in accordance with title 49, chapter 3, to LEAs and other entities entitled by the laws of this state to receive the funds for providing special education and …

(a) Special education and related services must be determined by the child's individualized education program (IEP) team based on the individual needs of the child. (b) Except when a written explanation to the contrary is included, the IEP of a child with a disability must includ…

(a) Each LEA shall annually submit to the department, at a minimum, the following information in accordance with the department's guidelines:(1) A census of children with disabilities showing the total number and distribution of children within the LEA's jurisdiction who are prov…

(a) The department shall develop, and the state board of education shall adopt, rules and regulations permitting LEAs or charter schools to form special education cooperatives to provide special education and related services to children with disabilities within the boundaries of…

This part shall be known and may be cited as the “Special Education Behavioral Supports Act.”

(1) The purposes of this part are:(1) To ensure that every student receiving special education services is free from the unreasonable, unsafe and unwarranted uses of isolation and restraint practices;(2) To encourage the use of positive behavioral interventions and support method…

(1) For the purposes of this part, unless the context otherwise requires:(1) “Behavior intervention training program” means a training program in evidence-based positive behavioral supports, evidence-based crisis intervention, and evidence-based techniques for the safe use of iso…

(a) For a student receiving special education services, as defined by § 49-10-102, isolation or a physical holding restraint may only be used in emergency situations. (b) Individualized education programs that provide for the use of isolation or a physical holding restraint for c…

(a) Administering a chemical restraint to a student receiving special education services, as defined by § 49-10-102, is prohibited; provided, that nothing in this subsection (a) shall prohibit the administration of a chemical restraint when administered for therapeutic purposes u…

(a) Each school shall maintain all records of isolation and restraint. (b) On a semiannual basis, using existing student-level data collection systems to the extent feasible, each school shall submit a report to the local education agency that includes:(1) The number of incidents…

If a private school or agency contracts with an LEA to provide services for students with disabilities, then such private school or agency shall, in the contract for services, certify that the staff of the facility or program has received training in the appropriate use of isolat…

This part shall be known and may be cited as the “Individualized Education Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Department” means the department of education;(2) “Eligible postsecondary institution” means a community college or university of the University of Tennessee system or the board of regents system or an accredite…

(a) A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising:(1) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science; and(2)…

(a) A school, private tutor, eligible postsecondary institution, or other educational provider that serves a participating student shall not refund, rebate, or share funds from an IEA with a parent or participating student in any manner. The funds in an IEA may be used only for e…

(a) In administering the IEA program, the department shall:(1) Remit funds to a participating student's IEA on at least a quarterly basis. Any funds awarded under this part are the entitlement of only the eligible student under the supervision of the student's parent. The maximum…

(a) A participating school is autonomous and not an agent of the state or federal government. (b) Neither the department nor any other state agency may regulate in any way the educational program of a participating nonpublic school or education provider that accepts funds from th…

(1) As used in this part:(1) “Applied behavior analysis” has the same meaning as “practice of applied behavior analysis” as that term is defined in § 63-11-302;(2) “IEP” means the individualized education program developed, reviewed, and revised by an IEP team for a child with a …

(a) LEAs and public charter schools shall allow a private pay provider who is under contract with a parent or legal guardian of a student with autism spectrum disorder or developmental delays who is enrolled in the LEA or public charter school, access to the student during the sc…

(a) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:(1) Independent educational evaluations;(2) Prior written notice;(3) Parental consent;(4) Access to and confidentiality of education r…

Nothing in this chapter limits any right that any child or the child's parent or guardian may have to enforce the provision of any regular or special educational service. LEAs shall not delay the provision of education or related services to which a child is entitled.

(1) The department of education shall promptly investigate complaints alleging violations of the IDEA and the state's special education laws in the following manner:(1) The department shall make a complaint form available on the department's website. The department shall also sup…

(a) The department shall ensure that procedures are established and implemented to allow parties to resolve a dispute on matters related to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability, or the …

(a) Special education due process cases shall be heard by administrative law judges employed by the secretary of state. In addition, the secretary of state may contract with no more than three (3) administrative law judges who are currently serving under an appointment by the dep…

(a) The state shall establish and implement a statewide early intervention system to ensure that all infants and toddlers in the state, from birth through two (2) years of age, inclusive, with disabilities who may have a developmental delay or a diagnosed disability are identifie…