20-7-402. Special education to comply with board policies. (1) The conduct of special education programs must comply with the policies recommended by the superintendent of public instruction and adopted by the board of public education. These policies must ensure and include but are not limited to:
     (a) placement of a child with a disability in the least restrictive environment;
     (b) due process for a child with a disability, including the appointment of a surrogate parent if necessary;
     (c) use of an evaluation team to identify a child with a disability and to plan individual education programs;
     (d) an evaluation process consistent with the requirements of the Individuals With Disabilities Education Act; and
     (e) other policies needed to ensure a free appropriate public education.
     (2) The superintendent of public instruction shall promulgate rules to administer the policies of the board of public education.

     History: En. 75-7802 by Sec. 420, Ch. 5, L. 1971; amd. Sec. 2, Ch. 539, L. 1977; R.C.M. 1947, 75-7802; amd. Sec. 2, Ch. 618, L. 1985; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 1, Ch. 255, L. 2005.