Procedural Safeguards

1. Law
2. Tennessee Code
3. Education
4. Special Education
5. Rights of Children and Parents
6. Procedural Safeguards

1. 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.
2. 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.
3. The department shall maintain a current copy of the procedural safeguards on its website.

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