As a Special Education Director, ensuring compliance with state and federal regulations is crucial for the success of our students. In Tennessee, understanding the timelines associated with various special education processes is key to providing timely and appropriate support. Here’s a straightforward guide to the essential timelines that every Local Education Agency (LEA) in Tennessee should be aware of.
Evaluations and IEP Development
- Prior Written Notice: Must be sent to parents at least 10 school days before any proposed or refused action regarding identification, evaluation, or educational placement (SBE Rule 0520-01-09-.15(4)).
- Initial Evaluation: Must be completed within 60 calendar days of receiving parental consent (SBE Rule 0520-01-09-.05(1)(f)).
- Reevaluation: Must be conducted at least once every three years, or more frequently if agreed upon (34 C.F.R. § 300.303(b)).
- Initial IEP Meeting: Must be held within 30 calendar days of determining the need for special education services (34 C.F.R. § 300.323(c)(1)).
- IEP Meeting Request: Must be convened within 10 school days of a written request (SBE Rule 0520-01-09-.12(4)).
- IEP Meeting Notice: Must be given to parents at least 10 calendar days prior (SBE Rule 0520-01-09-.15(1)).
- Draft IEP: If created, must be provided to parents at least 48 hours before the meeting (SBE Rule 0520-01-09-.15(2)).
- Annual IEP Review: Must be conducted at least annually (34 C.F.R. § 300.324(b)(1)(i)).
Disciplinary Actions
- Change in Placement: Occurs if a student is removed for more than 10 consecutive school days or subjected to a pattern of removals (34 C.F.R. § 300.536(a)).
- Manifestation Determination Review: Must be conducted within 10 school days of a decision to change placement due to a code of conduct violation (34 C.F.R. § 300.530(e)).
- Parent Notification: Must be provided at least 24 hours before a manifestation determination review (SBE Rule 0520-01-09-.15(3)).
- Interim Alternative Educational Setting: Placement can last up to 45 school days under specific conditions (34 C.F.R. § 300.530(g)).
Restraints and Isolations
- Parent Notification: Must be done the same day a restraint or isolation is used (SBE Rule 0520-01-09-.23(5)).
- Observation and Evaluation: Must be conducted within a reasonable time after the use of restraint or isolation (SBE Rule 0520-01-09-.23(5)).
- IEP Meeting: Must be convened within 10 calendar days if the restraint or isolation is not included in the IEP or exceeds specified time limits (SBE Rule 0520-01-09-.23(7-8)).
- Reporting to TDOE: Must be done within five calendar days of the incident (SBE Rule 0520-01-09-.23(10)(b)).
Dispute Resolution Processes
- Administrative Complaint: Must be filed within one year of the alleged violation (34 C.F.R. § 300.153(c)).
- LEA Response: Must be within 15 calendar days unless an extension is granted (Tenn. Code Ann. § 49-10-604(2)).
- TDOE Determination: Must be made within 60 calendar days of filing the complaint (34 C.F.R. § 300.152(a)).
- Due Process Complaint: Must be filed within two years of the alleged violation (34 C.F.R. § 300.511(e)).
- Resolution Meeting: Must be convened within 15 calendar days of a due process complaint (34 C.F.R. § 300.510(a)(1)).
Understanding these timelines helps ensure that our students receive the timely support they need. For more information, please follow this link.
