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2021 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 14 - Individualized Education Act
§ 49-10-1406. Autonomy of Participating Schools
Universal Citation: TN Code § 49-10-1406 (2021)
- A participating school is autonomous and not an agent of the state or federal government.
- Neither the department nor any other state agency may regulate in any way the educational program of a participating nonpublic school or education provider that accepts funds from the parent of a participating student.
- The creation of the IEA program does not expand the regulatory authority of the state, its officers, or any LEA to impose any additional regulation of nonpublic schools or education providers beyond those necessary to enforce the requirements of the program.
- Participating nonpublic schools and education providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. Neither a participating nonpublic school nor an education provider shall be required to alter its creed, practices, admissions policies, or curriculum in order to accept participating students.
- In any legal proceeding challenging the application of this part to a participating school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on participating schools.
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