The department promotes educational services and programs for all Tennessee's students with special education needs. The department is committed to systematic planning along with plan implementation, tracking, and accountability as a vehicle for providing the leadership necessary for fulfilling this purpose.
The Beliefs that Drive our Work
- Special education is not a place. It is the most intensive intervention along the continuum of service defined by individual need, services, and placement.
- Strong leadership at every level is the foundation of a collaborative and inclusive environment that supports ALL students.
- All students are general education students first. Every student can learn, demonstrate growth, and must have access to high quality, evidence-based instruction that maximizes their potential in the least restrictive environment.
- Educators are professionals, content experts, and the key to student success. They should be supported instructionally and professionally.
- All students can achieve postsecondary success.
Special Education Framework
Several years ago, the department developed the first Special Education Framework and has continuously garnered feedback from educators on how to improve the framework in order to be most useful to teachers as they support students with disabilities.
In August, the department shared the revised Special Education Framework at the special education directors' conference. The purpose of the framework is to support educators in writing instructionally appropriate IEPs. The framework is organized into two sections:
- General information about special education
- Writing IEPs
The framework has been updated to include best practices and tips for writing instructionally appropriate IEPs, alongside IDEA requirements. Other improvements include a component on the development of writing short-term objectives, additional clarification around service delivery, best practices in transition planning, and links to eligibility resources for the IEP team.
The Individuals with Disabilities Education Act (IDEA) is a federal law ensuring appropriate services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 6.5 million eligible infants, toddlers, children, and youth with disabilities. Infants and toddlers with disabilities (ages birth through age two) and their families receive early intervention services under IDEA, Part C. Children and youth (ages 3–21) receive special education and related services under IDEA, Part B.
In addition to meeting the legal requirements of IDEA, the commitment made by districts and schools to provide a high-quality education in an inclusive setting to all students with disabilities is crucial to their success.
IDEA Key Terms
Free Appropriate Public Education (FAPE)
The IDEA (reauthorized in 2004) ensures a free appropriate public education (FAPE) is provided to children and youth with disabilities at public expense.
- This includes an appropriate preschool, elementary school, or secondary school education.
- This is provided in conformity with the individualized education program (IEP).
- Students must be permitted to register at their school of zone.
- Transfer students must be provided with comparable services while eligibility and the IEP is reviewed.
- Textbooks must be provided to all students.
- Special events, field trips, computers, and library materials must be covered and provided to all students.
Least Restrictive Environment (LRE)
The IDEA requires that children be educated in the least restrictive environment (LRE) in which they can progress.
- "To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily" (20 U.S.C. 1412(a)(5)(A)).
- Special education instruction must be provided to students with disabilities in their LRE.
- Students with disabilities must be educated with non-disabled children to the maximum extent appropriate.
- Students with disabilities must be educated in the school they would attend if they did not have a disability, unless the student's IEP requires other arrangements.
Continuum of Services
The IDEA mandates that each school district provides a continuum of placements and requires that the district annually provide to the department an assurance that a continuum of alternative placements are available to meet the needs of children with disabilities" (34 C.F.R. 300.115).
Almost 30 years of research and experience has demonstrated that the education of students with disabilities can be made more effective by having high expectations for all students and ensuring students with disabilities' access to the general education curriculum in the regular classroom, to the maximum extent possible.
Effective Date: Amendment to Special Education Programs and Services- Parental Participation
On October 19, 2018, the state board of education passed on final reading an amendment to Special Education Programs and Services- Parent Participation, Rule 0520-01-09-.15 that requires parents receive a copy of a draft Individualized Education Program (IEP) at least 48 hours before a scheduled IEP meeting, if the school or district creates such a draft. Parents may decline their right to receive a copy of the draft IEP if one is developed.
State rules and regulations are effective 90 days after submission to the secretary of state’s office. Therefore, this rule will go into effect March 12, 2019 and updates to EasyIEP will be made at that time to reflect the changes outlined in the attached memo. In order to prepare for these changes, it is advised that directors of special education share this information with applicable staff and begin making preparations for any necessary changes in practice.
Tenncare Billing Manual
The department, in collaboration with the Division of Tenncare, is pleased to provide school districts with a Tenncare Billing Manual to address the coverage by TennCare of medical services provided in a school setting. TennCare is the state of Tennessee’s Medicaid program that operates within the guidelines set by the federal government. This program allows school districts to seek payment for providing medically necessary services (related services) to Medicaid eligible children.
- Amendment to Special Education Programs and Services-Parent Participation
- Children with Disabilities Aged 3 through 5
- Destruction and Retention of Records
- Educational Placements for Children with Disabilities
- Funding Students Education in Residential Mental Health Facilities Pursuant to of 2011
- Grade Cards and Records
- Guidelines for Teachers who Claim Students for Teacher Effect Calculations
- High School Math Course of Study for Students with Disabilities
- IDEA Eligibility Determination for Students with Suspected Cognitive Impairments
- Indicator 11-Evaluation, Eligibility, Placement Timeline Extension Requests
- Isolation and Restraint Training Programs
- New Requirement for Alternative Assessments per ESSA
- Non-instructional Duties for Special Education Personnel
- Permanent Record Entries, Honor Roll, Course Titles
- Preschool Policy Memorandum #08-001, Updated
- Prior Written Notice
- Private Insurance, Public Benefits, and IDEA Related Services
- RTI Process Cannot be used to Delay-Deny an Evaluation for Eligibility under IDEA
- RTI Process Cannot be used to Delay-Deny an Evaluation for Preschool Special Education Services under IDEA
- Significant Disproportionality
- Sixty Calendar Day Initial Evaluation Timeline Rule Change and Timeline Extension Request
- Tier II English language arts and mathematics high school course approval
- Transfer Process for Students with IEPs
- Use of Special Education Aides
- Written Parental Consent for Functional Behavioral Assessments