(NASHVILLE, Tenn.), April 23, 2015 — The Tennessee General Assembly approved the Individualized Education Act this week giving new hope to special needs students across the Volunteer State, one in three of whom currently do not graduate from high school.
Senate Bill 27, sponsored by Senate Education Committee Chairman Dolores Gresham (R-Somerville), will provide pathways to customized education for students with special needs, giving parents the flexibility to direct their child’s funding to the schools, courses, programs and services that best fit the learning needs of their child through an Individualized Education Account (IEA).
Action on the bill came as the General Assembly adjourned the 2015 legislative session on Wednesday.
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Gresham said the bill is designed to help children with the most severe disabilities whose current school situation is not meeting their needs. In order to be eligible to participate in an IEA, a student must have an Individualized Education Plan (IEP) which is a document which maps out how a school will meet the needs of students receiving special education services as required under the federal Individuals with Disabilities Act (IDEA). The bill would only apply to students with autism, deafness or other hearing impairments, intellectual disabilities, orthopedic impairments, traumatic brain injuries, and blindness or other visual impairments.
The Individualized Education Act provides for the Department of Education to deduct up to four percent from IEA funds to cover the costs of administering the program. Both the state and local school districts are projected to save money under the program.
The Individualized Education Act also:
· Requires the Department to ensure funds are used only for educational purposes;
· Provides parents with a written explanation of the allowable uses of the money and their responsibilities;
· Provides for random, quarterly and annual audits;
· Sets up fraud reporting; and
· Has the ability to suspend or terminate any school or provider that fails to comply.
The State Board of Education will consult with the Department of Education to promulgate rules for the application and approval process for non-public school and providers to participate in the program. The bill requires participating student to partake in annual testing with results to be reported.
The legislation now goes to Governor Bill Haslam for his signature.
