reglab/housing_qa huggingface dataset:
TN Code § 49-10-113 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 1 - General Provisions|§ 49-10-113. Special Education Funds From State — Process for Leas to Request Reimbursement for High-Cost Children With Disabilities

  The state shall provide special education funds from the basic education program (BEP), in accordance with title 49, chapter 3, to LEAs and other entities entitled by the laws of this state to receive the funds for providing special education and related services to children with disabilities.    Subject to the availability of federal funds, the department shall establish a process for LEAs to request reimbursement for high-cost children with disabilities.   An LEA shall include qualifying services provided to children with disabilities in each public school in the LEA, including charter schools authorized by the LEA, in the LEA's annual request for high-cost reimbursement.   An LEA shall provide to charter schools authorized by the LEA applicable high-cost reimbursement funds received by the LEA for any qualifying special education expenditures incurred directly by the charter school.
TN Code § 49-10-114 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 1 - General Provisions|§ 49-10-114. Individualized Education Programs for Children With Disabilities

  Special education and related services must be determined by the child's individualized education program (IEP) team based on the individual needs of the child.   Except when a written explanation to the contrary is included, the IEP of a child with a disability must include:  Pre-vocational assessments for students in kindergarten through grade six (K-6), inclusive, or students of comparable chronological age; and   Age-appropriate transition assessments to include, at a minimum, education, training, and employment for students age fourteen (14) and older.
TN Code § 49-10-115 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 1 - General Provisions|§ 49-10-115. Annual Submission of Information by Leas — Annual Report by Department of Education

  Each LEA shall annually submit to the department, at a minimum, the following information in accordance with the department's guidelines:  A census of children with disabilities showing the total number and distribution of children within the LEA's jurisdiction who are provided special education and related services;   An assurance that IDEA funds will be used to supplement, and not to supplant, state and local funds, and will be expended only for the excess cost of providing special education and related services to children with disabilities;   An assurance that, to the maximum extent appropriate, children with disabilities are educated with children without disabilities;   A detailed budget and end of the year report of expenditures of all funds available to provide special education and related services; and   An assurance that a FAPE is available to all children with disabilities between the ages of three (3) and twenty-one (21), inclusive, including children who reach twenty-two (22) years of age during the school year and children who have been suspended or expelled for more than ten (10) school days in a school year.     The department shall annually report on the department's website, at a minimum, the following information:  The number and percentage of children with disabilities in this state;   The number and percentage of children with disabilities, disaggregated by disability category;   The participation and performance of children with disabilities on state assessments; and   Other performance indicators for children with disabilities.     The report created by the department of education pursuant to this section must exclude any personally identifiable information and must be created in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and any other relevant state or federal privacy law.
TN Code § 49-10-116 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 1 - General Provisions|§ 49-10-116. Adoption of Rules and Regulations Permitting Leas or Charter Schools to Form Special Education Cooperatives

  The department shall develop, and the state board of education shall adopt, rules and regulations permitting LEAs or charter schools to form special education cooperatives to provide special education and related services to children with disabilities within the boundaries of LEAs or charter schools participating in such a cooperative.   The rules developed under this section must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and must include, at a minimum:  The process for establishing a cooperative;   Requirements for approval and monitoring of cooperatives;   Requirements for a written agreement between the parties participating in the cooperative;   Governance of the cooperative;   The manner of financing the cooperative;   Staffing requirements of the cooperative;   Specific procedures for the withdrawal of member LEAs or charter schools from the cooperative; and   Specific procedures for the termination of a cooperative.     A child receiving special education or related services through a special education cooperative remains the responsibility of the LEA in which the child is enrolled, and nothing in this section relieves the LEA from having to comply with the requirements of this chapter.
TN Code § 49-10-601 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 6 - Rights of Children and Parents|§ 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.
TN Code § 49-10-602 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 6 - Rights of Children and Parents|§ 49-10-602. No Limitation on Right of Enforcement by Child's Parent or Guardian — No Delay in Provision of Services

 Nothing in this chapter limits any right that any child or the child's parent or guardian may have to enforce the provision of any regular or special educational service. LEAs shall not delay the provision of education or related services to which a child is entitled.
TN Code § 49-10-604 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 6 - Rights of Children and Parents|§ 49-10-604. Investigation of Complaints — Administrative Complaint Process

 The department of education shall promptly investigate complaints alleging violations of the IDEA and the state's special education laws in the following manner:   The department shall make a complaint form available on the department's website. The department shall also supply any individual with a written copy of the complaint form via the United States postal service upon request. The department shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted for investigative purposes;   The department shall notify an LEA of a complaint filed against the LEA within five (5) calendar days of receiving the compliant. The notification must require the LEA to respond to the allegations contained in the complaint and to provide the department with any additional information requested by the department. The LEA must provide its response to the department no later than fifteen (15) calendar days from the date of the notification, unless an extension is granted by the department;   If the department determines that the LEA has committed a violation of state or federal special education laws or rules, then the department shall issue, within ten (10) calendar days, the department's findings that confirm the violation to the LEA and the person making the complaint. The written findings must require the LEA to take all corrective action required by the department that are contained in the written findings, which may include providing compensatory education if deemed appropriate by the department;   The department shall require an LEA that has committed a violation of applicable law or rule to correct the violation within ten (10) calendar days, unless an extension is granted by the department;   Any LEA receiving notice from the department that measures are required to correct a violation of applicable law or rule shall provide written notice of the completion of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the LEA resulted in compliance with the applicable law or rule, or both. The department shall provide written notice to the LEA of the department's determination within ten (10) calendar days; and   Within thirty (30) calendar days after closing the investigation, the department shall publish all violations and determinations confirmed by the department on the department's official website. The publication must include the name of the LEA, a description of the violation, a citation of the law or rule determined to have been violated, the corrective measures proposed by the LEA, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.
TN Code § 49-10-605 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 6 - Rights of Children and Parents|§ 49-10-605. Mediation Process

  The department shall ensure that procedures are established and implemented to allow parties to resolve a dispute on matters related to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability, or the provision of a FAPE to the child, through a mediation process.   In addition to the requirements set forth in the IDEA, the procedures must ensure that the mediation process:  Is voluntary on the part of the parties;   Is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under state or federal law; and   Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.     All special education mediations shall be conducted by mediators who have been trained in accordance with Tennessee Supreme Court Rule 31 requirements and who are employed by or contracted by the secretary of state.   The mediators who conduct special education mediations shall receive legal training in special education law.   All parties shall participate in mediation in good faith.
TN Code § 49-10-606 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 6 - Rights of Children and Parents|§ 49-10-606. Conducting Special Education Due Process Cases

  Special education due process cases shall be heard by administrative law judges employed by the secretary of state. In addition, the secretary of state may contract with no more than three (3) administrative law judges who are currently serving under an appointment by the department of education to hear special education due process cases, to serve as part-time administrative law judges to hear special education due process cases. Administrative law judges shall have jurisdiction to hear complaints arising under the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), and state special education laws.   The administrative law judges assigned to hear special education due process cases shall receive training in special education law to comport with the requirements of 20 U.S.C. § 1415. Before hearing any special education due process cases, an administrative law judge shall receive intensive training in special education law. After receipt of this initial training, all administrative law judges hearing special education due process appeals shall undergo annual training in special education law.   All training in special education law for the administrative law judges provided for in this part must be approved by the administrative office of the courts in consultation with the department of education. The training must be paid for by the department of education.   The LEA shall provide a photocopy of all of the education records of the student in question within its control according to orders issued by the administrative law judges, but in no case later than ten (10) school days following the failure to resolve the dispute following the federal resolution process or mediation between the parties.   Final orders in special education cases shall include detailed findings of fact and conclusions of law. The findings of fact shall include a determination by the administrative law judge regarding meaningful participation by the parent in the development of the individualized education plan (IEP) for the student.   Final orders include a determination of prevailing party status on an issue by issue basis.   Administrative law judges shall provide a written final order signed by the judge. Final orders shall also be provided on electronic data disc or via electronic mail at the request of any party.   An administrative law judge shall render a decision within the timelines established by federal law, unless the parties request an extension of time to attempt mediation or in the event of extraordinary circumstances determined acceptable by the administrative law judge.   All decisions regarding special education due process hearings shall be published on the official state website of the department of education. All student identifying information shall be excised from the publication.
TN Code § 49-10-702 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 7 - Early Intervention Program|§ 49-10-702. Statewide Early Intervention Program for Infants and Toddlers With Disabilities and Their Families

  The state shall establish and implement a statewide early intervention system to ensure that all infants and toddlers in the state, from birth through two (2) years of age, inclusive, with disabilities who may have a developmental delay or a diagnosed disability are identified and evaluated.   The early intervention system established under subsection (a) shall be a system of coordinated, comprehensive, and multidisciplinary interagency programs for infants and toddlers with developmental delays or disabilities and their families and must include all components prescribed by the IDEA.
TN Code § 49-10-1101 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 11 - Homebound Instruction for Students|§ 49-10-1101. Establishment of Program

  Each LEA shall establish a program of homebound instruction for each student who qualifies. A student qualifies for homebound instruction if the student's treating physician certifies in writing that the student has a medical condition that prevents the student from attending regular classes.   If a student qualifies for homebound instruction, then the student's LEA shall offer the student homebound instruction for a minimum of three (3) hours per week. The LEA shall determine how long the student may receive homebound instruction on a case-by-case basis and shall take into consideration the recommendations of the student's treating physician.   If, at the conclusion of any period of homebound instruction, the student's treating physician recertifies in writing that the student's medical condition continues to prevent the student from returning to regular classes, then the LEA shall continue to offer the student three (3) hours of homebound instruction per week, subject to periodic recertification as required by the LEA.
TN Code § 49-10-1103 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 11 - Homebound Instruction for Students|§ 49-10-1103. Rules and Regulations

 The department of education shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules as are necessary to ensure that this part is implemented in an efficient and effective manner.
TN Code § 49-10-1301 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 13 - Special Education Behavioral Supports Act|§ 49-10-1301. Short Title

 This part shall be known and may be cited as the “Special Education Behavioral Supports Act.”
TN Code § 49-10-1302 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 13 - Special Education Behavioral Supports Act|§ 49-10-1302. Purpose of Part

 The purposes of this part are:   To ensure that every student receiving special education services is free from the unreasonable, unsafe and unwarranted uses of isolation and restraint practices;   To encourage the use of positive behavioral interventions and support methods in schools;   To develop properly trained staff in order to promote positive behavioral supports that reduce dependence on isolation and restraint practices; and   To ensure that teachers of students receiving special education services are properly trained to protect the student, teacher and others from physical harm, if isolation or restraint is necessary.
TN Code § 49-10-1303 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 13 - Special Education Behavioral Supports Act|§ 49-10-1303. Part Definitions

 For the purposes of this part, unless the context otherwise requires:   “Behavior intervention training program” means a training program in positive behavioral supports, crisis intervention and the safe use of restraint and isolation;   “Chemical restraint” means a medication that is prescribed to restrict a student's freedom of movement for the control of extreme violent physical behavior. Chemical restraints are medications used in addition to, or in replacement of, a student's regular drug regimen to control extreme violent physical behavior. The medications that comprise the student's regular medical regimen, including PRN medications, are not considered chemical restraints, even if their purpose is to treat ongoing behavioral symptoms;   “Emergency situation” means that a child's behavior poses a threat to the physical safety of the student or others nearby;   “Isolation” or “seclusion”:  Means the confinement of a student alone in a room with or without a door, or other enclosed area or structure pursuant to § 49-10-1305(g) where the student is physically prevented from leaving; and   Does not include time-out, a behavior management procedure in which the opportunity for positive reinforcement is withheld, contingent upon the demonstration of undesired behavior; provided, that time-out may involve the voluntary separation of an individual student from others;     “Isolation room” means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student;   “Mechanical restraint” means the application of a mechanical device, material or equipment attached or adjacent to the student's body, including ambulatory restraints, which the student cannot easily remove and that restrict freedom of movement or normal access to the student's body. Mechanical restraint does not include the use of restraints for medical immobilization, adaptive support, or medical protection;   “Noxious substance” means the use of any defense spray or substance as defined by departmental rule;   “Physical holding restraint” means the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body;   “Positive behavioral supports” means a systematic approach using evidence-based practices to improve school environments, and to prevent and respond to problem behavior that:  Is proactive and instructional, rather than reactive and punitive;   Operates on the following three (3) levels:   Individual;   Group or classroom; and   The whole school;     Includes a system of continual data collection;   Utilizes data-based decision-making;   Applies research-validated positive behavioral interventions; and   Improves academic and social outcomes for all students, including those with the most complex and intensive behavioral needs; and     “School personnel” means an individual employed on a full-time or part-time basis by a public school.
TN Code § 49-10-1306 (2021)
2021 Tennessee Code|Title 49 - Education|Chapter 10 - Special Education|Part 13 - Special Education Behavioral Supports Act|§ 49-10-1306. Records of Isolation and Restraint — Reports — Promulgation of Rules and Regulations

  Each school shall maintain all records of isolation and restraint.   On a semiannual basis, using existing student-level data collection systems to the extent feasible, each school shall submit a report to the local education agency that includes:  The number of incidents involving the use of isolation and restraint since the previous semiannual report;   The number of instances in which the school personnel imposing physical restraint or isolation were not trained and certified;   Any injuries, deaths, or property damage that occurred;   The timeliness of parental notification; and   Demographic information to determine whether disproportionate use of these interventions exists.     The local education agency shall use the information obtained from records of isolation and restraint in developing its behavior intervention training program.   The local education agency shall submit information to the department of education each year on the use of isolation and restraint in the school district.   Annually, this information shall be reported to the state advisory council for the education of students with disabilities established pursuant to § 49-10-105. This information must also be made readily available to the public. The council shall use this information to report annually to the state board of education with recommendations to reduce the use of isolation and restraint in public education programs. The state board of education shall use these recommendations as well as data, documentation and reports to establish policy or strategies or both to reduce or eliminate the use of isolation and restraint in schools.   The state board of education, in consultation with the departments of education, mental health and substance abuse services, intellectual and developmental disabilities, and children's services, shall promulgate rules and regulations concerning the use of isolation or restraint with students who receive special education services so that isolation or restraint is not used when such procedures are unsafe, unreasonable or unwarranted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.