Rules & Regulations of the State of Tennessee
Title 0465 - Intellectual and Developmental Disabilities
Subtitle 0465-04 - Tennessee Early Intervention System
Chapter 0465-04-01 - Tennessee's Early Intervention System
Section 0465-04-01-.06 - PROCEDURAL SAFEGUARDS
Universal Citation: TN Comp Rules and Regs 0465-04-01-.06
Current through December 26, 2024
(1) Mediation.
(a) Mediations shall be conducted by
mediators employed by the secretary of state and in accordance with Tennessee
Department of Intellectual and Developmental Disabilities policy.
(b) TEIS shall provide an appropriate
location for the mediation and shall be responsible for the administrative
costs of the mediation.
(2) Due Process.
(a) Due process cases shall be heard by
administrative law judges employed by the secretary of state and in accordance
with Tennessee Department of Intellectual and Developmental Disabilities
policy.
(b) Due process cases shall
be conducted pursuant to
34 C.F.R. §§
303.440- 449.
(c) TEIS shall provide an appropriate
location for the hearing, a court reporter, an original copy of the transcript
for the administrative law judge, a copy of the transcript for the parents, and
shall be responsible for the administrative costs of the hearing.
(d) Any party aggrieved by the findings and
decision of a due process hearing has the right to bring a civil action with
respect to the complaint presented. The action may be brought in any state
court of competent jurisdiction in accordance with Tenn. Code Ann. §
4-5322 or in a district court of the United States without regard to the amount
in controversy.
Authority: T.C.A. §§ 4-3-2708, 33-1-303, and 49-10-702; 20 U.S.C. §§ 1431, et seq.; and Exec. Order No. 10 (Dec. 2, 2019).
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