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2017 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 1 - General Provisions
§ 49-10-103. Special services to be provided -- Avoidance of separate schooling -- Exception for Tennessee School for the Blind and other exceptions.
Universal Citation: TN Code § 49-10-103 (2017)
- (a) The state board of education shall provide, or cause to be provided, by school districts all regular and special education, corrective and supporting services required by children with disabilities, to the end that they shall receive the benefits of a free public education appropriate to their needs.
- (b)
- (1) It is within the jurisdiction of the commissioner of education to organize and to supervise schools and classes according to the regulations and standards established for the conduct of schools and classes of the public school system in the state in all institutions wholly or partly supported by the state that are not supervised by public school authorities.
- (2) Schools and classes established in wholly state-owned institutions shall be financed by the department of education.
- (c)
- (1) To the maximum extent practicable, children with disabilities shall be educated along with children who do not have disabilities and shall attend regular classes.
- (2) Impediments to learning and to the normal functioning of children with disabilities in the regular school environment shall be overcome by the provision of special aids and services rather than by separate schooling for the disabled.
- (d)
- (1) As an exception to subdivision (c)(2), children who are legally blind, acting through their parents or guardians, shall have free choice between education in regular classes alongside children without visual handicaps and education at the Tennessee School for the Blind.
- (2) The Tennessee School for the Blind shall continue to be staffed and equipped to provide educational services comparable to those of regular school programs leading to a high school diploma.
- (3) In order that legally blind children might be able to make a knowledgeable free choice, the parents or guardians of the children shall be counseled concerning available special education programs for those children. The person counseling such parents and guardians concerning available programs shall reduce to writing a summary of the programs and obtain the signature of a parent or guardian of each child on a copy of the writing acknowledging receipt of the writing, the absence of which writing shall create a conclusive presumption that any choice made was not free and knowledgeable.
- (4) Any election made pursuant to this subsection (d) shall relate only to each school year, and the right of free choice and election as provided in this subsection (d) shall pertain to each school year.
- (e) Subject to the exception provided by subsection (d), special classes, separate schooling or other removal of children with disabilities from the regular educational environment shall occur only when, and to the extent that, the nature or severity of the disability is such that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.
- (f) Physical aspects and specifications of schools, classrooms and other facilities for, or likely to be used by, children with disabilities, shall be related to their special physical, educational and psychological needs. To this end, school districts, special education services associations, agencies of the state and its subdivisions and any private persons or entities constructing, renovating or repairing facilities with or aided by public funds, which facilities are expressly intended for or are likely to be used by children with disabilities, shall plan, locate, design, construct, equip and maintain them with due regard for the special capabilities, disabilities and requirements of the children with disabilities to be accommodated in the facilities.
- (g)
- (1) It is the responsibility of local governments and school districts to expend effort on behalf of the education of each child with disabilities equal to the effort expended on account of the education of each child who does not have a disability.
- (2) Any additional effort necessary to provide supplemental aids and services shall be the ultimate responsibility of the state but shall, to the maximum extent practicable, be administered through the local school districts.
- (h)
- (1) The responsibility of local governments, school districts and the state to provide a free public education for children with disabilities is not diminished by the availability of private schools and services.
- (2) Whenever private schools and services are utilized, it continues to be the public responsibility to assure an appropriate quantity and quality of instructional and related services and the protection of all other rights and to ascertain that all children with disabilities receive the educational and related services and rights to which the laws of this state entitle them.
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