Current through October 22, 2024
Section 0520-01-09-.15 - PARENT PARTICIPATION IN IEP MEETINGS(1) An LEA shall notify the Parent of a child with a disability at least ten (10) calendar days before an IEP meeting to ensure that the Parent has an opportunity to attend, unless the Parent and LEA mutually agree to meet prior to ten (10) calendar days pursuant to Rule 0520-01-09-.12.(2) If an LEA creates a draft IEP prior to an IEP meeting, a copy of the draft IEP shall be provided to the Parent at least forty-eight (48) hours prior to the scheduled meeting time unless the Parent provides written notice to the LEA more than forty-eight (48) hours prior to the scheduled meeting declining his or her right to receive a copy of the draft IEP. The Parent meeting notification shall advise the Parent that they may decline their right to receive a copy of the draft IEP. (a) If a draft IEP is provided it shall become the property of the Parent(s).(b) An LEA shall not have the final IEP completed before an IEP meeting and the LEA shall make it clear to the Parent at the outset of the meeting that the services proposed by the LEA are preliminary recommendations for review and discussion with the Parent.(3) An LEA shall notify a Parent at least twenty-four (24) hours prior to a manifestation determination review conducted pursuant to 34 C.F.R. § 300.530(e).(4) Written notice shall be given to the Parents of a child suspected to have a disability or a child with a disability within at least ten (10) school days of the following: (a) Proposal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or(b) Refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.Tenn. Comp. R. & Regs. 0520-01-09-.15
Original rule filed June 19, 2001; effective September 2, 2001. Amendments filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed June 21, 2022; effective 9/19/2022.Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.