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§ 49-10-601. Procedural safeguards.

TN Code § 49-10-601 (2019) (N/A)
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(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.

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§ 49-10-602. No limitation on right of enforcement by child's parent or guardian -- No delay in provision of services.