(1) There is established in the department of education a division of special education.
(2) The division shall be headed by an assistant commissioner, who shall be qualified by education, training and experience to take responsibility for, and give direction to, the programs of the department relating to children with disabilities.
(3) The assistant commissioner who heads the division shall be appointed by the commissioner.
(4) Recommendations of individuals deemed qualified for this position may be made by the advisory council for the education of students with disabilities described in § 49-10-105.
(5) The department shall enforce the IDEA and the state's special education laws.