Appeals

(1) A public university may appeal the Department’s determinations to: (a) Deny approval to operate an ISD; (b) Revoke approval during the one-year planning period; or (c) Require a one-time, one-year extension during the planning period. (2) All appeals shall be submitted on the appeals form provided on the Department’s website. If an appeal is not submitted on the appropriate appeal form or by the requisite deadline, the appeal shall be denied. (3) Appeals shall follow the following two-step process: (a) Only timely filed step one appeals shall be reviewed and acted upon by the Department. To be considered timely filed, step one appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the determination that is being appealed. The day that the Department sends the determination shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner’s designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the timely filed step one appeal. (b) If the Department makes a determination to deny the step one appeal, the appealing party may file a step two appeal. Step two appeals shall be reviewed by an administrative law judge in accordance with the procedures set forth in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq. Step two appeals must be submitted to the Department within thirty (30) calendar days of the Department electronically sending the step one determination. The day that the Department sends the step one determination shall not count as part of the thirty (30) calendar days. INNOVATIVE SCHOOL DISTRICTS CHAPTER 0520-01-25 (4) If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered timely submitted if it is received by the next business day after the weekend or state holiday. (5) If an appeal is not timely submitted, the appeal shall be deemed denied.