49-10-108 - Testing for disabilities.
49-10-108. Testing for disabilities.
(a) (1) Every school district shall test and examine, or cause to be tested and examined, each child attending the public and private schools within its boundaries in order to determine whether the child is disabled.
(2) The tests and examinations shall be administered on a regular basis in accordance with rules and regulations of the state board of education.
(3) As used in this section, schools means kindergarten (K) and grades one through twelve (1-12) and, if the school district provides educational programs below kindergarten (K) level or above grade twelve (12), to all children attending those programs.
(b) The requirements of subsection (a) shall not apply to children attending private schools if the children are not residents of this state; provided, that if the state or the school district had an agreement with another state or school district requiring the tests and examinations, the school district shall administer them and report the results to the school district of the child's residence.
(c) Every school district shall make and keep current a list of all children with disabilities required to be tested and examined pursuant to subsections (a) and (b) who are found to be disabled and of all children who are residents of the school district and who are receiving home, hospital, institutional or other special education services in other than the regular programs.
[Acts 1972, ch. 839, § 6; 1978, ch. 574, § 4; T.C.A., § 49-2941; Acts 1994, ch. 768, § 2.]