If the inability to speak and understand the English language excludes a student from effective participation in the educational programs offered by the Sevier County School System (SCSS), the SCSS shall take reasonable actions to provide the student equal access to its programs. Students who are English learners (EL) shall be identified, assessed, and provided appropriate services. No student shall be admitted to or excluded from any program or extracurricular activity based on the student’s surname or EL status.

The Superintendent of Schools shall evaluate the effectiveness of the SCSS’s language assistance programs to ensure EL students will acquire English proficiency and the ability to participate in the standard instructional program within a reasonable period of time.

Parents of EL students shall be given notice of, and information regarding, the instructional program within the first thirty (30) days of the school year or within the first two (2) weeks of a student being placed in a language instruction educational program.

The homebound instruction program is for students who because of a medical condition are unable to attend the regular instructional program. The homebound instruction program shall consist of three (3) hours of instruction per week while school is in session for a period of time determined, on a case-by-case basis, by the District.

To qualify for this program, a student shall have a medical condition that will require the student to be absent for a minimum of ten (10) consecutive instructional days, or for an aggregate of at least ten (10) instructional days for a student who has a chronic medical condition. The student shall be certified by his/her treating physician as having a medical condition that prevents him/her from attending regular classes. The services provided to the homebound student shall reflect the student’s capabilities and be determined by the homebound instructor, after consultation with appropriate professional staff of the student’s assigned school.

For more information, please contact the Director of Student Services at 865-453-4671.

Homeless students shall be immediately enrolled, even if the student is unable to produce records normally required for enrollment (i.e. academic records, immunization records, health records, proof of residency) or missed the District’s application or enrollment deadlines. Parent(s)/guardian(s) are required to submit contact information to the District’s homeless coordinator. The Superintendent of Schools shall ensure that each homeless student is provided services comparable to those offered to other students within the District, including transportation, special education services, programs in career and technical education, programs for gifted and talented students, and school nutrition.

The District shall:

1. Identify migratory students and assess the educational and related health and social needs of each student;
2. Provide a full range of services to qualifying migrant students including applicable Title I programs, special education, gifted education, vocational education, language programs, counseling programs, elective classes, fine arts classes, etc.;
3. Provide migratory students with the opportunity to meet the same statewide assessment standards that all students are expected to meet;
4. To the extent feasible, provide advocacy and outreach programs to migratory students and their families and professional development for district staff; and
5. Provide parent(s)/guardian(s) an opportunity to participate in the program.

The District is committed to maintaining equitable employment and educational practices, services, programs, and activities that are accessible and usable by individuals with disabilities. To discuss concerns or seek resolutions related to Section 504 or the ADA, contact the Director of Student Services at 865-453-4671.  He shall respond to all complaints within twenty (20) days with a written response as well as information on further grievance procedures that may be followed if the complaining party is not satisfied with the proposed resolution.

Board Policy 653 (Procedures for Students in Foster Care) clarifies that the Every Student Succeeds Act (ESSA) contains key protections for students in foster care that are designed to promote school stability, student success, and collaboration between local education agencies (LEAs) and child welfare agencies.

The Sevier County School System shall provide all students in foster care, to include those awaiting foster care placement, with a free and appropriate public education. Students in foster care, to include those awaiting foster care placement, shall be immediately enrolled, even if the student is unable to produce records normally required for enrollment (i.e. academic records, immunization records, health records, proof of residency). Placement shall be determined based on the student’s best interest. At all times, a strong presumption that keeping the student in the school of origin is in the student’s best interest shall be maintained.

The district has clear written procedures governing transportation to maintain children in foster care in their school of origin when in their best interest for the duration of time in foster care. Please refer to Board Policy 653 for more information.

A student who does not currently reside within the District shall be allowed to enroll if he/she is a dependent child of a service member who is being relocated to Tennessee on military orders. To be eligible for enrollment, the student will need to provide documentation that he/she will be a resident of the District on relocation. Within 60 days of enrollment, the parent(s)/guardian(s) of the student shall provide proof of residency within the District. 

Students with parent(s)/guardian(s) in the military may also be eligible for excused absences related to his/her deployment.

For more information, refer to Board Policy 649.

• Board Policy 510 (Special Education) clearly outlines information about implementation of programming within the parameters of IDEA and is included below.

The Sevier County Board of Education will identify, locate, and provide a free appropriate public education to all disabled children ages 3-21, inclusive, residing within the jurisdiction of this school system. The plan for implementation of appropriate instruction and services will be in accordance with the current Rules, Regulations, and Minimum Standards of the State Board of Education, as well as state and federal law.

The Board will develop and periodically update a local plan for providing special education services for all disabled students. Specifically, the Board assures that:

1. All disabled children living within the school system have available to them a free, appropriate public education which emphasizes special education and related services to meet their unique needs provided in the least restricted environment; and
2. Educational services will comply with state and federal law to ensure the rights of disabled children and their parents are protected.

A plan developed pursuant to the IDEA, 34 C.F.R. § 300.324 will aim toward meeting the following objectives:

1. To develop and conduct a comprehensive screening and assessment plan emphasizing the early identification and evaluation of disabled students that are administered in accordance with the requirements and parameters of the IDEA. A parent may seek an independent educational evaluation (IEE) if the parent disagrees with all or part of the assessment completed by the System; such an IEE may be paid for by the System if the IEE meets the System’s criteria; however, the System may, at its option, initiate a due process hearing to show the System’s evaluation was appropriate; if the System prevails in the hearing, the parent still may obtain an IEE but not at System expense;
2. To use the individualized education program (IEP) team for reviewing assessment, formulating programming, and determining placement for every disabled student;
3. To ensure that placements are made which educate disabled children in the least restrictive environment;
4. To provide each disabled child with an individual educational program (IEP) specifically designed to meet his/her needs, including class sizes that are in compliance with the required BEP formula (such class sizes will be monitored periodically);
5. To ensure that procedural safeguards required by state and federal laws are adhered to; and
6. To involve parents of disabled children in a meaningful, ongoing dialogue.

A plan developed pursuant to Section 504 will aim toward meeting the following objectives:

1. To develop effective 504 teams to assist in providing accommodations to students with physical or mental impairment(s) that substantially limit one or more major life activity.
2. To use the 504 team to evaluate students by reviewing information from a variety of sources, such as teacher observations, standardized test scores, report cards, and information from parents and medical providers;
3. 504 teams will reevaluate students every three years, before any significant changes in placement, or at the request of the parents or school personnel;
4. To ensure that procedural safeguards required by state and federal laws are adhered to; and
5. To involve parents of disabled children in a meaningful, ongoing dialogue.

Students with disabilities placed in the general education classroom will receive a free appropriate public education. The instructional needs of all students will be met. Equitable and educationally sound placement of all students including students with disabilities will be achieved. The state’s BEP formula will be utilized in determining class size for all classrooms.

The provisions for a free appropriate public education and the requirements under state law and IDEA are met following the listed criteria.

1. Make educational placement decisions for all students, including students with disabilities, based on the instructional needs of the students.
2. Provide joint staff development and training of general education and special education teachers (models, strategies and interventions) for maintaining an inclusive classroom;
3. Facilitate interactive planning session with general education and special education teachers as well as paraprofessionals regarding each disabled student’s IEP;
4. Train general education teachers on modifications and accommodations to the IEP;
5. Provide the technical assistance needed to general education teachers in order to address the needs of individual students;
6. Training for paraprofessionals is provided to ensure that they acquire the knowledge and skills necessary to assist students in the general education classroom;
7. Provide all students in the general education classroom access to the standard textbooks and instructional materials used in the class with alternative and supplemental materials provided as necessary;
8. Integrate qualified handicapped students into the general education classroom and/or extracurricular activities to the maximum extent appropriate to the needs of the handicapped student.
9. Provide resources and support such as supplemental aids and materials for students to progress in the general curriculum and be successful in the general education classroom (e.g. assistive technology devices and services paraprofessional support, adaptations in the classroom).

Disciplinary Exclusion of Student with a Disability

A disciplinary exclusion of a student with a disability from school is a significant change in placement if

1. the exclusion is for more than 10 consecutive school days; or
2. a series of exclusions that are each of 10 days or less in duration creates a pattern of exclusion.

i. Factors that should be considered in determining whether a series of exclusions creates a pattern of exclusion include, but are not limited to:

1. the length of each exclusion,
2. the proximity in time of the exclusions to one another,
3. the total amount of time the student is excluded from school,
4. and similarities of one behavior to another which resulted in the disciplinary actions.

Before implementing a disciplinary action that constitutes a significant change in placement under Section 1, the District will convene and conduct a manifestation determination meeting with a multi-disciplinary team of individuals knowledgeable about the student, the student's evaluation data, and the placement options, in accordance with the requirements of 34 C.F.R. § 104.35. The multi-disciplinary team will conduct the manifestation meeting as follows:

1. Make a determination as to whether the student's misconduct is a manifestation of the student's disability;

2. Make a determination as to whether the student's misconduct is due to inappropriate placement;

3. Make a placement decision.

   1. If the student's misconduct is either a manifestation of the student's disability or is due to an inappropriate placement, the multi-disciplinary team must determine what, if any, modifications to the student's educational placement are necessary and the student may not be disciplined.
   2. If the student's misconduct is not a manifestation of the student's disability or is not due to an inappropriate placement, the student may be disciplined in the same manner as similarly situated students without disabilities would be disciplined;
4. Provide the student's parents or guardian notice of both the manifestation determination and the placement decision in a prompt manner. The student's parents or guardian also must be provided with a copy of their procedural safeguards and rights related to the disciplinary action in a