IDEA Disability Categories in Tennessee
What disability categories qualify for an IEP in Tennessee?
Tennessee recognizes disability categories as defined in Tenn. Comp. R. & Regs. 0520-01-09-.03. Tennessee's categories include the standard 13 IDEA categories plus two Tennessee-specific categories: Functional Delay (0520-01-09-.03(6)) and Intellectually Gifted (0520-01-09-.03(8)). Functional Delay is a continuing significant disability in intellectual functioning and achievement where adaptive behavior in the home or community is NOT significantly impaired — distinct from Intellectual Disability where adaptive behavior IS significantly impaired. Intellectually Gifted is a Tennessee-specific category for children whose intellectual abilities and potential for achievement are so outstanding that the child's educational performance requires specially designed instruction. Tennessee uses the term 'Intellectual Disability' consistent with Rosa's Law (Pub. L. 111-256) in 0520-01-09-.03(9). Tennessee's Developmental Delay category (0520-01-09-.03(4)) is available for children ages 3:0 through 9:11, with initial eligibility determined before the child's 7th birthday; it is optional for LEAs to adopt this category. The standard IDEA categories recognized in Tennessee include Autism, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment. A student may not be found eligible solely because of limited English proficiency, lack of appropriate instruction, or environmental, cultural, or economic disadvantage (0520-01-09-.03(13)(b)).
What Tennessee Requires
Tennessee recognizes 15 disability categories: the standard 13 IDEA categories plus Tennessee-specific categories of Functional Delay and Intellectually Gifted (Tenn. Comp. R. & Regs. 0520-01-09-.03).
Tennessee uses the term 'Intellectual Disability' consistent with Rosa's Law (Pub. L. 111-256, 2010) (Tenn. Comp. R. & Regs. 0520-01-09-.03(9)).
The Developmental Delay category is available for children ages 3:0 through 9:11 (initial eligibility must be determined before the child's 7th birthday); it is optional for LEAs to adopt (Tenn. Comp. R. & Regs. 0520-01-09-.03(4)(a)-(b)).
Functional Delay is a Tennessee-specific category for children with significant intellectual functioning deficits where adaptive behavior in the home/community is at or near age level — distinct from Intellectual Disability where adaptive behavior is also significantly impaired (Tenn. Comp. R. & Regs. 0520-01-09-.03(6)).
Intellectually Gifted is a Tennessee-specific category for children whose intellectual abilities require specially designed instruction (Tenn. Comp. R. & Regs. 0520-01-09-.03(8)).
A student may not be found eligible solely because of limited English proficiency, lack of appropriate instruction in reading or math, or environmental, cultural, or economic disadvantage (Tenn. Comp. R. & Regs. 0520-01-09-.03(13)(b); 34 CFR 300.306(b)).
Eligibility under each category requires both meeting the category criteria AND demonstrating the need for specially designed instruction as a result of the disability (Tenn. Comp. R. & Regs. 0520-01-09-.03; 34 CFR 300.8).
Key Timelines
Disability category eligibility is determined within 60 calendar days of receiving written parental consent for the initial evaluation (Tenn. Comp. R. & Regs. 0520-01-09-.05(1)(f)).
Eligibility under the Developmental Delay category must be initially determined before the child's 7th birthday; the category covers ages 3:0 through 9:11 (Tenn. Comp. R. & Regs. 0520-01-09-.03(4)(a)-(b)).
Reevaluation to confirm continued eligibility occurs at least every three years (34 CFR 300.303).
Sources
Related IEP Guides
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