Tennessee Code Annotated

Tenn. Code Ann. § 49-10-103 (2026)

Entitlement to FAPE - Responsibilities of LEA - Education in least restrictive environment

✓ current as of May 2026

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(a) Every child with a disability is entitled to a FAPE.

(b) Each LEA is responsible for ensuring that every child with a disability receives special education and related services designed to meet the child's unique needs.

(c) A child with a disability must be educated in the least restrictive environment. Special classes, separate schooling, or other removals of a child with a disability from the regular educational environment must occur only when, and to the extent that, the student's IEP team determines that the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. To the maximum extent appropriate, a child with a disability must be educated alongside the child's typically-developing peers.

Amended by 2019 Tenn. Acts, ch. 107,s 3, eff. 4/11/2019.

Acts 1972, ch. 839, § 2; 1975, ch. 147, § 1; T.C.A., § 49-2913; Acts 1994, ch. 768, § 2.

Notes of Decisions

Cited in 4 cases, 1998–2020 · leading case: I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017).

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I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017). · cites it 2× “Tenn. Code Ann. § 49-10-103 (a). A child can be denied a FAPE when she is not offered reasonable accommodations for her disability.”

Wilson Cnty. Sch. Sys. v. Clifton, 41 S.W.3d 645 (Tenn. Ct. App. 2000). · cites it 2× “o this end, school districts, special education services associations, agencies of the state and its subdivisions, and any private persons or entities constructing, renovating or repairing facilities with or aided by public funds, which facilities are expressly intended for or…”

Herron v. Trenton Special Sch. Dist. (W.D. Tenn. 2020). · cites it 3× “Tenn. Code Ann. §§ 49-10-103 , 114. Plaintiff has shown that she knew that J’s IEP required that he have a one-on-one assistant, and Plaintiff has also shown that she was required to help the teacher with other students in the classroom when J did not require assistance.”

Rozanne F. Wright (Folk-Schmidt) v. Jan H. Schmidt (Tenn. Ct. App. 1998). · cites it 2× “343 ; Tenn. Code Ann. § 49-10-103 (a) 3 As a result of this meeting and of the M-Team’s “unacceptable” proposal, Wright enrolled Jacqueline in Montessori Academy in the fall of 1994.”

— Tenn. Code Ann. § 49-10-103(f) — 1 case

Wilson Cnty. Sch. Sys. v. Clifton, 41 S.W.3d 645 (Tenn. Ct. App. 2000). “o this end, school districts, special education services associations, agencies of the state and its subdivisions, and any private persons or entities constructing, renovating or repairing facilities with or aided by public funds, which facilities are expressly intended for or…”

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