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2017 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 6 - Rights of Children and Parents
§ 49-10-601. Administrative review.
Universal Citation: TN Code § 49-10-601 (2017)
- (a) A child or the child's parent or guardian may obtain review of an action or omission by state or local authorities on the ground that the child has been or is about to be:
- (1) Denied entry or continuance in a program of special education appropriate to the child's condition and needs;
- (2) Placed in a special education program that is inappropriate to the child's condition and needs;
- (3) Denied educational services because no suitable program of education or related services are maintained;
- (4) Provided with special education or other education that is insufficient in quantity to satisfy the requirements of law;
- (5) Provided with special education or other education to which the child is entitled only by units of government or in situations that are not those having the primary responsibility for providing the services in question; or
- (6) Assigned to a program of special education when the child does not have disabilities.
- (b)
- (1) The parent or guardian of a child placed or denied placement in a program of special education shall be notified promptly by certified mail, return receipt requested, of the placement, denial or impending placement or denial.
- (2) The notice shall contain a statement informing the parent or guardian that the parent or guardian is entitled to a review of the determination and of the procedure for obtaining review.
- (3) The notice shall contain the information that a hearing may be had upon written request, no less than fifteen (15) days nor more than thirty (30) days from the date on which the notice was received.
- (c)
- (1) No change in the program assignment or status of a child with disabilities shall be made within the period afforded the parent or guardian to request a hearing, which period shall not be less than fourteen (14) days, except that the change may be made with the written consent of the parent or guardian.
- (2) If the health or safety of the child or of other persons would be endangered by delaying the change in assignment, the change may be sooner made, but without prejudice to any rights that the child and the child's parent or guardian may have pursuant to this section or otherwise pursuant to law.
- (d)
- (1) The parent or guardian shall have access to any reports, records, clinical evaluations or other materials upon which the determination to be reviewed was wholly or partially based or that could reasonably have a bearing on the correctness of the determination.
- (2) At any hearing held pursuant to this part or § 49-10-109, the child and the child's parent or guardian shall be entitled to examine and cross-examine witnesses, to introduce evidence, to appear in person and to be represented by counsel.
- (3) A full record of the hearing shall be made and kept, including a transcript of the hearing if requested by the parent or guardian.
- (e)
- (1) A parent or guardian who believes the diagnosis or evaluation of the child, as shown in the records made available to the parent or guardian pursuant to subsection (d), to be in error may request an independent examination and evaluation of the child and shall have the right to secure the independent examination and evaluation and to have the report of the independent examination and evaluation presented as evidence in the proceeding.
- (2) If the parent or guardian is financially unable to afford an independent examination or evaluation, it shall be provided at state expense.
- (f)
- (1) The state board of education shall make and, from time to time, may amend or revise rules and regulations for the conduct of hearings authorized by this section and otherwise for the implementation of its purpose.
- (2) Among other things, the rules and regulations shall:
- (A) Require that the hearing officer or board be a person or composed of persons other than those who participated in the action or who are responsible for the omission being complained of;
- (B) Fix the qualifications of the hearing officer or officers; and
- (C) Provide that the hearing officer or board shall have authority to affirm, reverse or modify the action previously taken and to order the taking of appropriate action.
- (3) The rules and regulations shall govern proceedings pursuant to this section whether held by the state board of education or by a county, city or special school district board of education.
- (g) The determination of a hearing officer or board shall be subject to judicial review in the manner provided for judicial review of determinations of the state or local education agency, as the case may be.
- (h)
- (1) If a determination of a hearing officer or board is not fully complied with or implemented, the aggrieved party may enforce it by a proceeding in the chancery or circuit court.
- (2) Any action pursuant to this section shall not be a bar to any administrative or judicial proceeding by or at the instance of the department to secure compliance or otherwise to secure proper administration of laws and regulations relating to the provision of regular or special education.
- (i) The remedies provided by this section are in addition to any other remedies that a child or the child's parent or guardian may otherwise have pursuant to law.
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