§ 49-10-601 — Procedural safeguards

(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 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.

Legislative History

Amended by 2019 Tenn. Acts, ch. 107,s 22, eff. 4/11/2019. Acts 1972, ch. 839, § 8; 1978, ch. 574, § 5; T.C.A., § 49-2947; Acts 1993, ch. 249, §§ 1, 2; 1994, ch. 768, § 2; 2008, ch. 678, § 1.