Rules & Regulations of the State of Tennessee
Title 0520 - Education
Subtitle 0520-04 - State Board of Education Teacher Regulations
Chapter 0520-04-01 - Employees of the State Special Schools
Section 0520-04-01-.05 - GRIEVANCES - PROCEDURES
Universal Citation: TN Comp Rules and Regs 0520-04-01-.05
Current through September 24, 2024
(1) Procedure shall not entail more than three (3) steps to finality as follows:
(a) Step 1 - Appellant's superintendent
(formal)
1. Verbal discussion with
superintendent within fifteen (15) workdays of cause;
2. Superintendent's investigation and fact
finding; and,
3. Decision clearly
communicated to appellant by the superintendent within five (5) workdays of the
discussion.
(b) Step 2 -
Appeal to the Commissioner of Education or his designee (formal)
1. Appellant prepares a letter requesting a
hearing. The letter must be signed and is to state, with particularity, the
basis of the appeal.
2. The
commissioner or his designee conducts a hearing on the matter within fifteen
(15) working days of the receipt of the appeal. The hearing will include a
discussion of the facts, allegations of the parties, and proposals for
relief.
3. Investigation, fact
finding, and written decisions will be communicated to the appellant within ten
(10) working days after the hearing.
(c) Step 3 - Appeal to the State Board of
Education (UAPA)
1. Within thirty (30)
working days of receipt of an adverse ruling from the Commissioner of Education
or his designee, appellant may appeal the decision to the State Board of
Education through the executive director.
2. The chairman shall set the matter for a
contested case hearing either in the presence of the board or by an
administrative law judge or hearing officer sitting alone, pursuant to T.C.A.
§
4-5-301(c).
The board's decision shall be concurred in by a majority of those present and
voting at the meeting when the board issues it order.
3. Hearings conducted at Step 3 will conform
to the model rules of the Secretary of State for contested cases and the State
Board of Education hereby adopts Rule 1360-04-01 in statutory
compliance.
4. The Executive
Director of the State Board of Education shall notify the appellant, in writing
within fifteen (15) working days of the board meeting, of the action of the
board.
5. The hearing conducted
pursuant to the provisions of the Uniform Administrative Procedures Act and
outlined in Step 3 shall be the final step for all appeals for regular
employees.
Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
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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