Rulemaking Hearing Rule(s) Filing Form

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1 Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, SnodgrassfTN Tower Nashville, TN Phone: For Department of State Use Only Sequence Number: Rule ID(s): 11'---llJl~li 1Lo74- --~~ ,,flz./10 1-i- _,_/~lq~_ File Date: Effective Date: -~JL~/-+-= Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann ). Pursuant to Tenn. Code Ann , any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to (a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with (b). Age_11cyl Board/Corn"!~s5-io11: Division: Contact Person: Address: Zip: Phone: Revision Type (check all that apply): X Amendment New Repeal State Board of Education Amy Owen ~ Andrew Johnson Tower, 1 st Floor 710 James Robertson Pkwy Nashville, TN ' Amy.Owen@tn.gov Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Cha ter Number I Rule Number f I I Chapter Title ' 2ecial Education Programs and Services Rule Title ---- Parent Participa_!i(2_n _

2 AMENDMENT Rule , Parent Participation, is amended by adding additional language to the paragraph so that as amended it shall read: PARENT PARTICIPATION. The LEA must notify the parents of a child with a disability at least ten (10) days before an IEP meeting to ensure that a parent(s) will have an opportunity to attend. A meeting conducted pursuant to 34 C.F.R (e) may be conducted on at least twenty-four (24) hours' notice to the parent(s). The parent meeting notification shall advise the parent(s) that they may decline their right to receive a copy of the draft IEP if one is developed. Unless a parent provides written notice to the LEA more than forty-eight (48) hours prior to the scheduled meeting declining his or her right to receive a copy of the draft IEP, a copy of the draft IEP shall be provided to the parent(s) at least forty-eight (48) hours prior to the scheduled meeting time. The copy of the draft IEP shall become the property of the parent(s). If the LEA prepares a draft IEP prior to the IEP team meeting, the LEA shall make it clear to the parent(s) at the outset of the meeting that the services proposed by the LEA are preliminary recommendations for review and discussion with the parent(s). It is not permissible for the LEA to have the final IEP completed before an IEP Team meeting begins. Authority: T.C.A and Administrative History: Original rule filed June 19, 2001; effective September 2, Amendments filed March 1, 2005; effective July 29, Repeal and new rule filed November 30, 2007; effective February 13,

3 * If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: Board Member Aye No Abstain Absent Signature (if required) Darrell Cobbins X Bob Eby X Mike Edwards X Gordon FerQuson X Lillian Hartgrove X Elissa Kim X Nick Darnell X Wendy Tucker X I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the State Board of Education on 10/19/18, and is in compliance with the provisions of T.C.A I further certify the following: Notice of Rulemaking Hearing filed with the Department of State on: 01/26/2018 Rulemaking Hearing(s) Conducted on: (add more dates). 03/22/2018 Date: S \ %" Signature: ~ Name of Officer: _A_m,y_O_ w_e_n Title of Officer: Director of Policy and 1(/i Research Subscribed and sworn to before me on: Notary Public Signature: C ~,}= My commission expires on: ~~?3~--~~/ 3

4 Agency/Board/Commission: Rule Chapter Number(s): State Board of Education Parent Participation All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Department of State Use Only Attorney General and Reporter 11/~o/;~/! T r Date Filed with the Department of State on: _ Effective on:,_. \ ~/... 1~1/~/~t~ ~/~lv-+-/~\ q i1tkj ~ Tre Hargett -. ~ ~ ccretllry ur -. ~ t:..:tt...::r co l..j.j i- <f ' ',-----,:-_... /"- ( i... : ~-- (._) u..l Cl 0:) 4

5 Public Hearing Comments Please see attached document. 5

6 Regulatory Flexibility Addendum Pursuant to T.C.A through , prior to initiating the rulemaking process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. This rule does not affect small businesses. 6

7 Impact on Local Governments Pursuant to T.C.A and "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (h ttp://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) This rule will not have a projected impact on local governments. 7

8 Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to TC.A (i)(1). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; Chapter governs the State's special education program. In addition, the provision of special education services, specifically the provision of Individualized Education Programs (IEPs), is governed by the federal rules and regulations contained in 34 C.F.R The State Board amended rule , which governs Parent Participation, to include a provision that if a local education agency prepares a draft IEP in advance of the IEP meeting, then a copy must be provided to the parent(s) at least 48 hours prior to the meeting, unless the parent opts out of receivinq a draft. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; T.C.A provides that the state board shall adopt rules and regulations to implement the state's special education program. The commentary to 34 C.F.R states, "[l]f a public agency develops a draft IEP prior to the IEP Team meeting, the agency should make it clear to the parents at the outset of the meeting that the services proposed by the agency are preliminary recommendations for review and discussion with the parents. The public agency also should provide the parents with a copy of its draft proposals, if the agency has developed them, prior to the IEP Team meeting so as to give the parents an opportunity to review the recommendations of the public agency prior to the IEP Team meeting, and be better able to engage in a full discussion of the proposals for the IEP." (Gj identification of per"sons, 0r"garnzations, corporations or governrnental entities most directly attected ty this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or reiection or mis ruie; Students with disabilities, their parents, and their educators are most directly affected by this rule. They were able to voice their concerns via oral and written comments urging adoption of the rule according to their comments. (See response to comments document attached hereto.) The Tennessee Association for Administrators in Special Education initially urged rejection of this rule as approved by the board, but was amenable to the rule having an opt-in provision. Parents of children with disabilities urge adoption of this rule. The Special Education Advocacy Center urges adoption of this rule. The Tennessee State Board of Education urqes adoption of this rule. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; N/A (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; N/A (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Nathan James Nathan.James@tn.gov 8

9 (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; RachelSuppe Rachel. E. S uppe@tn.gov Nathan James Nathan.James (H) Office address, telephone number, and address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and RachelSuppe State Board of Education Andrew Johnson Tower, 9 th Floor 710 James Robertson Pkwy Nashville, TN Rachel.E.Suppe@tn.gov Nathan James State Board of Education Andrew Johnson Tower, 1 st Floor 710 James Robertson Pkwy Nashville, TN Nathan.James@tn.gov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. NIA 9

10 TENNESSEE STATE BOARD OF EDUCATION RESPONSE TO COMMENTS AT RULEMAKING HEARING The Tennessee State Board of Education held a public rulemaking hearing on Rule of the Tennessee State Board of Education, Special Education Programs and Services - Parent Participation. The hearing was held on March 22, 2018, at 9:30 a.m. CDT at the Davey Crockett Tower- Conference Room 1C, 500 James Robertson Parkway, Nashville, Tennessee The changes to the rule on first reading were proposed by the staff of the State Board of Education in response to feedback a Board member received regarding parents being presented with a draft Individualized Education Program (IEP) at IEP team meetings and not having sufficient time to review the document. Public comments on the rule change were obtained through the rulemaking hearing in addition to written comments. The comments by those opposed to the rule change focused on the following issues:.. May appear to be a predetermination of eligibility; May result in fewer parents attending IEP meetings as the perception would be that the IEP is already completed ; May send information that is confusing to parents without having immediate access to the professionals that can interpret that information; M.::y di::ic.ourage LE.A.s from creatir1g drafts, which vvou!d!ead to!ess structured meeting8 end n grmtcr chance for errors; t tr- I t t r-r'\ '.-1- l,. t - - -::- ---!--- - J.- ")",.J_....,_ IVldY 1t:::::,u1l 111 Len;:, 11av111~ lu 11u1u ~c:::...,cuc:nc; rlr 111ccL111~,;:,, vv111v11 vvu1u uv,ay ,..:,e,1v1v\,.,,v u,-., 1.v vv... u 1 u after initial eligibility, in order to give time to have a draft ready; No means of documenting LEAs' compliance; Places undue paperwork burden on already paperwork-heavy SPED teachers; and Meetings may start with an adversarial tone. Those comments in favor of the rule change highlighted the following: Drafts are necessary for active, equal, full participation; Under the Federal Education Right to Privacy Act parents entitled to records; Time needed to read and digest a large amount of paperwork and evaluation results; Parents need time to consult with advocates and experts;!'jot providing advanced drafts contributes to the following for parents: -Anxiety at meetings -Feeling overwhelmed -Adversarial relationship with school team; Evens the playing field a little and makes the parents more able team players; and Parents will be more informed and prepared which will be a better use of everyone's time and produce better outcomes for students. In response to the feedback received, the Board made additional changes to the rule on final read. The amendments approved by the Board on final read state that ifa draft IEP is created prior to the IEP team meeting, it shall be provided to the parent(s) at least 48 hours prior to the meeting unless the parent opts out of receiving it.

11 RULESOF STATE BOARD OF EDUCATION CHAPTER SPECIAL EDUCATION PROGRAMS AND SERVICES TABLE OF CONTENTS General Regulations. Adoption by reference Definitions Consent Parent Free appropriate public education Child find Placements State advisory panel Local education agency eligibility Repealed Evaluation procedures. Definition of IEP. When IEPs must be in effect. Review and revision of the IEP Parent participation. Prior notice by local education agency. Mediation. Impartial due process hearing. Civil action. Surrogate parents. Transfer of parental rights at age of majority Amendment of records at parent's request Isolation and Restraint for Students Receiving Special Education Services PARENT PARTICIPATION. The LEA must notify the parents of a child with a disability at least ten (10) days before an IEP meeting to ensure that a parent will have an opportunity to attend. A meeting conducted pursuant to 34 C.F.R (e) may be conducted on at least twenty-four (24) hours' notice to the parent{s-}. The parent meeting notification shall advise the parent(s) that they may decline their right to receive a copy of the draft IEP if one is developed. Unless a parent provides written notice to the LEA more than forty-eight (48) hours prior to the scheduled meeting declining his or her right to receive a copy of the draft IEP. a copy of the draft IEP shall be provided to the parent(s) at least forty-eight (48) hours prior to the scheduled meeting time. The copy of the draft I EP shall become the property of the parent(s}. If the LEA prepares a draft IEP prior to the IEP team meeting. the LEA shall make it clear to the parent{s} at the outset of the meeting that the services proposed by the LEA are preliminary recommendations for review and discussion with the parent(s). It is not permissible for the LEA to have the final IEP completed before an IEP Team meeting begins. Authority: T.C.A and Administrative History: Original rule filed June 19, 2001; effective September 2, Amendments filed March 1, 2005; effective July 29, Repeal and new rule filed November 30, 2007; effective February 13,

Proposed Rule{s) Filing Form

Proposed Rule{s) Filing Form Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, SnodgrassfTN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publicalions.information@tn.gov For Department of State