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Tenn. Code Ann. § 49-10-103

Entitlement to FAPE — Responsibilities of LEA — Education in least restrictive environment

Applied in 2 court decisions — leading case 257 F. Supp. 3d 946 - I.L. ex rel. Taylor v. Knox County Board of Education (2017)

Most recently applied in 257 F. Supp. 3d 946 - I.L. ex rel. Taylor v. Knox County Board of Education (June 2017)

Acts 1972, ch. 839, § 2; 1975, ch. 147, § 1; T.C.A., § 49-2913; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 3.

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

(2) 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.

(3) 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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.