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2017 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 1 - General Provisions
§ 49-10-109. Denial of state aid for noncompliance -- Direct administration by state.
Universal Citation: TN Code § 49-10-109 (2017)
- (a)
- (1) If a school district is found by the commissioner of education to have failed to provide necessary education to all children with disabilities who by law are entitled to receive the education from the school district, the commissioner may withhold all or such portion of the state aid for the regular public schools as, in the commissioner's judgment, is warranted.
- (2) The denial of state aid under subdivision (a)(1) may continue until the failure to provide the special education required is remedied.
- (3) Whether or not the commissioner elects to withhold aid pursuant to subdivision (a)(2), the commissioner may provide the education directly.
- (b) No action pursuant to subsection (a) shall be taken by the commissioner, except after public hearing on due notice and on a record that establishes the failure of the school district to provide special education of adequate quantity and quality.
- (c) If the commissioner acts to provide special education pursuant to this section, the action may include:
- (1) The hiring, employment and direction of special education teachers and any necessary supporting professional and other personnel;
- (2) The incorporation of the personnel into the affected school system;
- (3) The procuring and employment of supplies, equipment and facilities that may be reasonably necessary or appropriate;
- (4) The furnishing of administrative supervision and services that may be necessary to make the special education program effective;
- (5) The direct supervision in state institutions or facilities of the special education, except that no child shall be removed from the school district in which the child would regularly be entitled to receive special education, without the consent of the child's parent or guardian; and
- (6) Any other incidental matters reasonably necessary to implement any one (1) or more of subdivisions (c)(1)-(5).
- (d)
- (1) Any costs incurred by the department in administering this section shall be direct charges against the school district and shall be paid by the school district.
- (2) If a school district resists timely payment, the department may make payment and reimburse itself by appropriate judicial proceedings against the school district.
- (e)
- (1) During any time when the commissioner is providing special education pursuant to this section, it shall be a purpose of the commissioner to assist the school district to assume or reassume its full responsibilities for the provision of education for children with disabilities.
- (2) No state aid pursuant to § 49-10-113 shall be given to a school district during or for any period when the provision of special education on its account is being administered directly by the commissioner pursuant to this section.
- (3) The commissioner shall return responsibility to the school district as soon as the commissioner finds that it is willing and able to fulfill its responsibilities pursuant to law.
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