IEP Eligibility in Tennessee: Who Qualifies?
What qualifies a child for an IEP in Tennessee?
To be eligible for special education in Tennessee, a student must have one of the recognized disability categories defined in 0520-01-09-.03 AND, as a result of that disability, need special education and related services. Eligibility is determined through evaluation processes established under Tenn. Comp. R. & Regs. 0520-01-09-.11 (Evaluation Procedures) and must be completed within 60 calendar days of parental consent (0520-01-09-.05(1)(f)). For Specific Learning Disability (SLD), Tennessee follows 34 CFR 300.307: LEAs must not require use of a severe discrepancy formula and must permit use of a response-to-intervention (RTI/MTSS) model. A student may not be found eligible solely due to limited English proficiency, lack of appropriate instruction, or environmental, cultural, or economic disadvantage. Eligibility decisions must be made by a group including qualified professionals and the parent.
What Tennessee Requires
A student must have one of the recognized disability categories under 0520-01-09-.03 AND, as a result of that disability, need special education and related services in order to be eligible (Tenn. Comp. R. & Regs. 0520-01-09-.03; 34 CFR 300.8).
Eligibility must be determined through a comprehensive multidisciplinary evaluation using multiple measures; no single test or criterion may be the sole basis for eligibility (34 CFR 300.306(b)).
For Specific Learning Disability (SLD), Tennessee must permit LEAs to use a response to intervention (RTI/MTSS) model and must not require use of a severe discrepancy formula (34 CFR 300.307, adopted by reference under Tenn. Comp. R. & Regs. 0520-01-09-.01).
A student may not be found eligible solely because of limited English proficiency, lack of appropriate instruction in reading or mathematics, or environmental, cultural, or economic disadvantage (Tenn. Comp. R. & Regs. 0520-01-09-.03(13)(b); 34 CFR 300.306(b)).
The eligibility determination group must include the parents and qualified professionals; for SLD, must include a regular education teacher and someone qualified to conduct individual diagnostic examinations (34 CFR 300.308).
The LEA must provide a copy of the evaluation report and documentation of the eligibility determination to the parent (34 CFR 300.306(a)(2)).
Key Timelines
The initial eligibility determination must be completed within 60 calendar days of receiving written parental consent for evaluation (Tenn. Comp. R. & Regs. 0520-01-09-.05(1)(f)).
Reevaluation must occur at least every three years unless the parent and LEA agree it is unnecessary, and not more than once per year without parental consent (34 CFR 300.303).