0520-12-04-.06
Early Resolution Of Complaints
Cite as Tenn. Comp. R. & Regs. 0520-12-04-.06
(1)
LEAs and public charter schools are encouraged to work collaboratively with parents, teachers,
and other employees to resolve concerns and complaints as quickly as possible. At any point
after a complaint has been filed, but before a final written determination has been issued by
the LEA or public charter school, the LEA or public charter school, the complainant, or the
individual alleged to have included or promoted the Prohibited Concept may propose early
resolution of the allegations through a resolution agreement.
(2)
If a proposed resolution agreement is verbally approved by the LEA or public charter school,
the complainant, and the individual alleged to have included or promoted the Prohibited
Concept, the LEA or public charter school shall prepare a written resolution agreement to be
submitted to the complainant and the individual alleged to have included or promoted the
Prohibited Concept summarizing the allegations in the complaint and any agreed upon terms
of the early resolution. Entry into an early resolution agreement shall not constitute an
admission that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019 or that
the individual alleged to have included or promoted the Prohibited Concept, in fact, included or
promoted a Prohibited Concept.
(3)
Once a written resolution agreement between the LEA or public charter school, the
complainant, and the individual alleged to have included or promoted the Prohibited Concept,
is signed by all parties, the complaint shall be deemed resolved. The LEA or public charter
school is not required to complete its investigation or issue a final written determination.
(4)
If a complainant believes that the LEA or public charter school has failed to enforce a written
resolution agreement, then entry into an early resolution written agreement does not prohibit a
complainant from later filing a new complaint based on the same facts and allegations as the
original complaint, provided the complainant files the new complaint within forty-five (45)
calendar days of receiving the written resolution agreement from the LEA or public charter
school and the complaint is otherwise filed in accordance with Section .05 of these Rules. If
the LEA or public charter school enforces a written resolution for the first thirty (30) calendar
days, and thereafter fails to enforce a written resolution, the complainant may also file a new
complaint.
PROHIBITED CONCEPTS IN INSTRUCTION
CHAPTER 0520-12-04
(5)
The sixty (60) calendar day timeline for an LEA or public charter school to complete an
investigation and determine whether the allegation(s) in the complaint are substantiated shall
not be extended for the purpose of discussing or finalizing an early resolution written
agreement.