Tennessee Code Annotated

Tenn. Code Ann. § 49-10-601 (2026)

Procedural safeguards

✓ current as of May 2026

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(a) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:
- (1) Independent educational evaluations;
- (2) Prior written notice;
- (3) Parental consent;
- (4) Access to and confidentiality of education records;
- (5) State complaint and dispute resolution procedures and forms;
- (6) The availability of mediation;
- (7) Procedures when disciplining children with disabilities;
- (8) Requirements for unilateral placement by parents of children in private schools at public expense;
- (9) Advocacy services; and
- (10) Free and low cost legal services.

(b) A copy of the procedural safeguards must be made available to the parents of a child with a disability one (1) time each school year; provided, however, that a copy must also be provided:
- (1) Upon initial referral or parent request for evaluation;
- (2) Upon receipt of the first state or due process complaint in a school year;
- (3) On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct; and
- (4) Upon request by a parent.

(c) The department shall maintain a current copy of the procedural safeguards on its website.

Amended by 2019 Tenn. Acts, ch. 107,s 22, eff. 4/11/2019.

Acts 1972, ch. 839, § 8; 1978, ch. 574, § 5; T.C.A., § 49-2947; Acts 1993, ch. 249, §§ 1, 2; 1994, ch. 768, § 2; 2008, ch. 678, § 1.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1985–2023 · leading case: Seals v. Loftis, 614 F. Supp. 302 (E.D. Tenn. 1985).

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Seals v. Loftis, 614 F. Supp. 302 (E.D. Tenn. 1985). “Ch’ien and Hillner, 1 a “due process” hearing was convened before a hearing officer under the provisions of Tennessee Code Annotated § 49-10-601 and 20 U.S.C. § 1415 (b)(2). The hearing officer concluded that the Department “pay the amount which is in excess of the cost born…”

E.S. v. Clarksville Montgomery Cnty. Sch. Sys. (M.D. Tenn. 2023). · cites it 2× “; 2 Tenn. Code Ann. § 49-10-601 et seq.; Title II of the Americans with Disabilities Act (“ADA”), 42 U.”

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