Tennessee § 49-10-1406 - Autonomy of participating schools.

§ 49-10-1406. Autonomy of participating schools.

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. Acts 2015, ch. 431, § 7. Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208 , for the implementation of this part prior to August 1, 2016. Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.