Section 0520-01-09-.12 - INDIVIDUALIZED EDUCATION PROGRAM (IEP) REQUIREMENTS(1) 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.(2) Except when a written explanation to the contrary is included, the IEP of a child with a disability must include:(a) Pre-vocational assessments for students in kindergarten through grade six (K-6), inclusive, or students of comparable chronological age; and(b) Age-appropriate transition assessments to include, at a minimum, education, training, and employment for students age fourteen (14) and older.(3) To ensure timely access to FAPE, the IEP shall be implemented as soon as possible after development of the IEP. However, if agreement was not reached on the IEP, no change in the child's IEP or eligibility status shall be made for fourteen (14) days, in order to afford a parent time to request a due process hearing.(4) Upon written request of any member, the IEP team shall be convened within ten (10) school days or on a mutually agreed upon date and time.(5) 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.Tenn. Comp. R. & Regs. 0520-01-09-.12
Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendment filed October 23, 2013; effective March 31, 2014. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective 8/12/2021.Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.