49-10-302 - Local plans.
49-10-302. Local plans.
(a) (1) On or before July 1 of each year, each school district shall report to the commissioner of education and the state board of education the extent to which it is then providing the special education for children with disabilities necessary to implement fully the policy of parts 1 and 2, this part and parts 4-6 of this chapter.
(2) The report also shall detail the means by which the school district or political subdivision proposes to secure full compliance with the policy of parts 1 and 2, this part and parts 4-6 of this chapter, including:
(A) A precise statement of the extent to which the necessary education and services will be provided directly by the district pursuant to law requiring direct provision;
(B) A precise statement of the extent to which standards in force pursuant to § 49-10-301(b)(6) are being met; and
(C) An identification and description of the means the school district or political subdivision will employ to provide, at levels meeting standards in force pursuant to § 49-10-301(c), all special education not to be provided directly by the state.
(b) (1) After submission of the report required by this section, the school district shall submit any supplemental and additional reports the commissioner and department may require, in order to keep the plan current.
(2) By rule or regulation, the department shall prescribe the due dates, form and all other necessary or appropriate matters relating to the reports.
(c) (1) For the purposes of this section, children with disabilities being furnished special education in state facilities shall continue to be the planning responsibility of the school district in which they would be entitled to attend school if it were not for the direct provision of special education to them by the state.
(2) A record of each child with disabilities being furnished special education in state facilities, the nature and degree of the child's disability and of the way in which the child's educational needs are being met shall be kept by the school district.
(d) (1) The commissioner and the department, upon the request of any school district, shall provide technical assistance in the formulation of any plan or subsequent report required pursuant to this section.
(2) However, the assistance shall be only advisory and consultative in character and shall not be designed to transfer, either in whole or in part, the responsibility for or actual development of the plan or report.
[Acts 1972, ch. 839, §§ 5, 9; T.C.A., §§ 49-2933, 49-2950; Acts 1994, ch. 768, § 2.]