Tennessee § 49-10-601 - Procedural safeguards.

§ 49-10-601. Procedural safeguards.

The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following: Independent educational evaluations; Prior written notice; Parental consent; Access to and confidentiality of education records; State complaint and dispute resolution procedures and forms; The availability of mediation; Procedures when disciplining children with disabilities; Requirements for unilateral placement by parents of children in private schools at public expense; Advocacy services; and Free and low cost legal services. 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: Upon initial referral or parent request for evaluation; Upon receipt of the first state or due process complaint in a school year; 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 Upon request by a parent. The department shall maintain a current copy of the procedural safeguards on its website. 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; 2019, ch. 107, § 22. Cross-References. Individualized education programs for children with disabilities, § 49-10-114 . Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115 . Confidentiality of public records, § 10-7-504 . Law Reviews. Special Education Rights and Remedies (Tim Wibking), 23 No. 2 Tenn. B.J. 29 (1987).