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State Board reviews proposed rule changes on IEAs, innovative school districts and special education at July 24 hearing

August 01, 2025 | State Board of Education, Deparments in Office of the Governor, Organizations, Executive, Tennessee


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State Board reviews proposed rule changes on IEAs, innovative school districts and special education at July 24 hearing
At a July 24 rulemaking hearing, Rachel Soupey, General Counsel and designated representative for the Tennessee State Board of Education, summarized four rule items under consideration and opened the record for public comment.

Soupey outlined the first item as revisions to Individual Education Accounts (IEA) Rule 5.21.11.2, noting that "Section 21 of chapter 235 of the Public Acts of 2025 amended Tennessee Code Annotated 49-10-1402 by adding deafness as a qualifying disability for the IEA program." The rule revision would align the list of qualifying disabilities in the administrative rule with the statute.

The second item Soupey described was the Innovative School Districts Rule 5.20.01.25, which "establishes a process by which universities may apply to operate their training schools through an innovative school district," reflecting changes enacted in Chapter 1053 of the Public Acts of 2024, codified at TCA 49-8-15.

The third item concerns academic and instructional requirements in Rule 5.21.3.6 regarding graduation requirements. Soupey said the proposed change would clarify that students pursuing an alternate academic diploma must receive at least one credit of computer science education, modified as needed to meet individual needs. Soupey also stated the item "does not propose any changes to the world language graduation requirements" and that any future change to world language requirements would trigger its own rulemaking hearing.

The fourth item is Special Education Rule 5.201.90.24 relating to functional behavior assessments (FBA) and behavior intervention plans (BIP). Soupey said the proposed revisions clarify that, while state and federal law encourage educating students with disabilities alongside nondisabled peers, an IEP team may determine a more restrictive environment is needed if a student's pattern of behavior places the student or others at risk; the rule clarifies that the FBA and BIP may be conducted in the more restrictive environment.

Procedural notes: Soupey explained how to participate, that a red-line version of the rules was available online and at the hearing, and that oral commenters had three minutes each. She told attendees written comments should be emailed to sbe.rulemaking.public.comments@tn.gov and must be received by 9 a.m. Central on Tuesday, July 29, to be considered. Soupey said the board plans to take a final-reading vote on the rules at its quarterly meeting on Aug. 15, 2025; if adopted on final reading, the rules would be sent to the Attorney General's Office for review, published with the Secretary of State for 90 days and presented to the Joint Government Operations Committee of the Tennessee House and Senate.

No board motions or votes occurred during the hearing; the meeting was a public-comment session to inform potential revisions.

Soupey adjourned the hearing after public comments and reminded attendees that the board places "student need" at the center of decisions.

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