Tennessee § 49-10-102 - Chapter definitions.

§ 49-10-102. Chapter definitions.

As used in this chapter: “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.F.R. § 300.8: an intellectual disability; a hearing impairment, including deafness; a speech or language impairment; a visual impairment, including blindness; emotional disturbance; an orthopedic impairment; autism; traumatic brain injury; other health impairment; a specific learning disability; developmental delay; deaf-blindness; or multiple disabilities, and who, by reason thereof, needs special education and related services. Any child with a disability who turns twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year continues to be a child with a disability for the remainder of that school year; “Department” means the department of education; “FAPE” means a free appropriate public education in compliance with the IDEA; “IDEA” means the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.); “Individualized education program team” or “IEP team” means a group of individuals described in 34 C.F.R. § 300.321 that is responsible for developing, reviewing, or revising an individualized education program (IEP) for a child with a disability; “LEA” means a local education agency; “Related services” means: 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; interpreting services; psychological services; physical and occupational therapy; transition services, including job placement; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling with a focus on career development, employment preparation, achieving independence, and integration in the workplace and community of a child with a disability; orientation and mobility services; and medical services for diagnostic or evaluation purposes; School health services and school nurse services, social work services in schools, and parent counseling and training; or Other services that may be approved by the state board of education; and “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. Acts 1972, ch. 839, § 3; 1978, ch. 573, § 1; 1981, ch. 151, § 1; 1981, ch. 281, § 1; T.C.A., § 49-2914; Acts 1988, ch. 677, § 1; 1989, ch. 421, § 1; 1994, ch. 768, § 2; 1998, ch. 832, § 2; 2010, ch. 734, § 4; 2019, ch. 107, § 2. Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734. Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act. Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act. Cross-References. Individualized education programs for children with disabilities, § 49-10-114 . School age, attendance, withdrawal from school, § 49-6-3001 .