Tennessee Special Education Rights for Grandparents: IEP, 504 Plans, and STEP Advocacy

A child with a learning disability, ADHD, autism, or other condition needs an IEP or 504 plan at school. You are the grandparent or relative raising that child in Tennessee, and the school says only a parent can make special education decisions. That is not entirely accurate — and knowing your rights under federal and state law can make the difference between a child getting services or falling through the cracks.

Federal Law Recognizes Relative Caregivers

Under the Individuals with Disabilities Education Act (IDEA — 34 CFR § 300.30), a "parent" includes a person acting in the place of a biological or adoptive parent, including a grandparent or relative with whom the child lives. If you hold a valid Power of Attorney for Care of a Minor Child under T.C.A. § 34-6-301, you meet this definition.

With the POA on file, the caregiver may exercise the educational authority delegated in the document, including:

• Consent to the initial evaluation for special education services
• Participate in Individualized Education Program (IEP) team meetings
• Approve or reject the proposed IEP placement and services
• Request changes to the IEP at any time
• Access all special education records
• Raise concerns with the school's special education coordinator and ask STEP about formal dispute options

Ask How Section 504 Decisions Apply

A 504 plan under Section 504 of the Rehabilitation Act provides accommodations for students with disabilities who do not qualify for an IEP — or who need accommodations in addition to an IEP. Present the POA to the district's Section 504 coordinator and ask how the educational authority delegated in the document will be recognized for evaluation and plan decisions.

Common 504 accommodations include extended test time, preferential seating, modified homework loads, and behavioral intervention plans. If a child is struggling in class due to a medical or psychological condition, a 504 plan is another route to ask about.

What If No Parent or POA Holder Is Available?

If no authorized adult is available and a biological parent cannot be located, the school district must appoint a Surrogate Parent to represent the child's educational interests in special education proceedings. The surrogate has the same rights as a parent in IEP meetings and educational decisions.

However, if you are the caregiver and you have a POA, you should not need a surrogate. Present the POA to the school's special education coordinator and request to be listed as the educational decision-maker.

Requesting an Evaluation

If you believe the child may have a disability that affects learning, submit a written request for evaluation to the school principal or special education coordinator. The school has 60 calendar days to complete the evaluation after you consent.

Key points for the request:

• Put it in writing — verbal requests are harder to enforce
• Describe the specific concerns (difficulty reading, behavioral issues, attention problems)
• Keep a copy of the request with the date you submitted it
• The school cannot refuse to evaluate without providing a written explanation and your rights to appeal

Free Advocacy: STEP

Support and Training for Exceptional Parents (STEP) is Tennessee's Parent Training and Information Center. STEP provides free advocacy and support statewide for families navigating special education, including:

• Explaining IEP and 504 rights in plain language
• Procedural support for IEP meetings and special education decisions
• Helping you understand evaluation results
• Assisting with dispute resolution and due process
• Training workshops on special education law

Contact STEP at 1-800-280-7837 or visit tnstep.org. Their services are free regardless of income. When a child has special needs and you are not the biological parent, having STEP in your corner levels the playing field.

Staying on Top of It

The Tennessee School and Medical Consent Guide covers the POA's educational authority, IEP participation rights, and a checklist for requesting evaluations — so you can advocate for the child's education from day one.

See more Tennessee guides →