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

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).

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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