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Tenn. Code Ann. § 49-10-601

Procedural safeguards

Applied in 1 court decision — leading case Covington v. Knox County School System (2000)

Most recently applied in Covington v. Knox County School System (March 2000)

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.

(1) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following: 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.

(11) 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;

(12) Upon receipt of the first state or due process complaint in a school year;

(13) 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

(14) Upon request by a parent.

(15) The department shall maintain a current copy of the procedural safeguards on its website.

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.