(a) There is established in the department of education a division of special education.

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Terms Used In Tennessee Code 49-10-104

  • Department: means the department of education. See Tennessee Code 49-10-102
  • IDEA: means the Individuals with Disabilities Education Act ( Tennessee Code 49-10-102
  • Special education: means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education. See Tennessee Code 49-10-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The division shall be headed by an assistant commissioner, who shall be qualified by education, training and experience to take responsibility for, and give direction to, the programs of the department relating to children with disabilities.
(c)

(1) The assistant commissioner who heads the division shall be appointed by the commissioner.
(2) Recommendations of individuals deemed qualified for this position may be made by the advisory council for the education of students with disabilities described in § 49-10-105.
(d) The department shall enforce the IDEA and the state‘s special education laws.