IEP Service Delivery in Tennessee

How are IEP services delivered in Tennessee?

Tennessee requires that IEPs specify the projected start date and the anticipated frequency, location, and duration of all special education, related services, supplementary aids and services, and program modifications, as mandated by Tenn. Comp. R. & Regs. 0520-01-09-.12. Services must be delivered in the least restrictive environment (LRE) appropriate for the child. The LRE requirement is stated in rule 0520-01-09-.12(5): a child with a disability must be educated in the least restrictive environment, and removal from the regular educational environment must occur only when the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily. The state monitors LRE compliance as part of its IDEA Part B Annual Performance Report (APR) submissions to OSEP. Tennessee participates in Extended School Year (ESY) programming for students who require services beyond the regular school year to prevent substantial regression.

What Tennessee Requires

The IEP must specify the projected start date and the anticipated frequency, location, and duration of all special education and related services (Tenn. Comp. R. & Regs. 0520-01-09-.12; 34 CFR 300.320(a)(7)).

Services must be delivered in the least restrictive environment, with a preference for inclusion in general education classes with supplementary aids and services before more restrictive placements are considered (Tenn. Comp. R. & Regs. 0520-01-09-.12(5); 34 CFR 300.114).

Removal from the regular educational environment must occur only when, and to the extent that, the nature or severity of the child's disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily (Tenn. Comp. R. & Regs. 0520-01-09-.12(5)).

Extended School Year (ESY) services must be provided if the IEP team determines they are necessary to provide FAPE, based on factors including regression-recoupment data (34 CFR 300.106).

All service providers must meet applicable state licensure or certification requirements for their professional discipline (34 CFR 300.156).

Key Timelines

Services must be implemented as soon as possible after IEP development (Tenn. Comp. R. & Regs. 0520-01-09-.12(3)).

ESY eligibility must be determined on an individual basis and decisions must be made before the regular school year ends to allow timely notification to parents (34 CFR 300.106).

Placement decisions must be reviewed at least annually as part of the IEP review (Tenn. Comp. R. & Regs. 0520-01-09-.12).

Sources

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