Knowing Violations

(1) An LEA or public charter school shall be deemed to have “knowingly violated” T.C.A. § 49-6- 1019 if the LEA or public charter school: (a) Received a complaint from an eligible complainant alleging that a Prohibited Concept was included or promoted in a course of instruction, curriculum and instructional program, or supplemental instructional materials, but failed to initiate an investigation; (b) Initiated an investigation, but failed to make a determination within sixty (60) calendar days about whether the allegation(s) was substantiated; (c) Determined that the allegation(s) was substantiated, but failed to remedy the violation; or (d) Knew or reasonably should have known that a Prohibited Concept was included or promoted in a course of instruction, curriculum and instructional program, or supplemental instructional materials, but failed to exercise reasonable diligence and care in remedying the violation. LEAs and public charter schools are expected to exercise reasonable diligence and care in proactively monitoring courses of instruction, curriculum and instructional programs, or supplemental instructional materials and remedying suspected violations where no investigation is required by these Rules. (2) After sixty (60) calendar days have passed since an eligible complainant filed a complaint with an LEA or public charter school, the eligible complainant may file a notice of knowing violation with the Department on a form provided by the Department. An eligible complainant may, but is not required to, use the complaint form provided by the Department, so long as the complaint contains the information required by Section 0520-12-04-.05(5). (3) No later than thirty (30) calendar days after receiving the notice of knowing violation, the Department review team shall prepare a report summarizing its findings for the Commissioner. The report shall include a recommendation as to whether the Commissioner should find that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019. (4) After receiving the recommendation from the Department review team, but no later than forty- five (45) calendar days after receiving the notice of knowing violation, the Commissioner shall determine whether the LEA or public charter school knowingly violated T.C.A. § 49-6-1019. The forty-five (45) calendar day timeline may only be extended if exceptional circumstances exist with respect to a particular appeal and those circumstances are appropriately documented. If there is a need for an extension to the forty-five (45) calendar day timeline, the Department shall notify the individual who filed the notice of knowing violation. (5) If the Commissioner determines that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019, the Department shall require the LEA or public charter school from which the allegations arose to enter a corrective action plan. The corrective action plan shall identify: (a) The evidence required to be provided to the Department by the LEA or public charter school in order to demonstrate evidence of compliance; (b) Specific acts or steps the LEA or public charter school will take to resolve the non- compliance; PROHIBITED CONCEPTS IN INSTRUCTION CHAPTER 0520-12-04 (c) Deadlines for the completion of the required acts or steps; and (d) Dates for submission of reports and documentation to the Department verifying implementation. (6) If an LEA or public charter school enters a corrective action plan, the Department shall: (a) Monitor the corrective action plan to ensure the LEA or public charter school complies with the terms of the plan; (b) Provide written notice to the LEA or public charter school of any deficiencies in implementation and shall request immediate and appropriate action to address those deficiencies; (c) When necessary, require additions to the corrective action plan to address the failure of the LEA or public charter school to fully implement commitments in the original plan; and (d) When the Department determines that the LEA or public charter school has fully implemented the terms of the plan, conclude the monitoring of the corrective action plan by sending written notification to the LEA or public charter school. (7) If the Commissioner determines that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019, the Department shall withhold the payment of state funds scheduled to be distributed to the LEA or public charter school until the requirements of the corrective action plan have been met. The amount of state funds to be withheld shall be as follows: First determination of a knowing violation during the school year 2% of annual state funds scheduled to be granted to the LEA Second determination of a knowing violation during the school year 4% of annual state funds scheduled to be granted to the LEA Third determination of a knowing violation during the school year 6% of annual state funds scheduled to be granted to the LEA Fourth determination of a knowing violation during the school year 8% of annual state funds scheduled to be granted to the LEA Fifth or more determination of a knowing violation during the school year 10% of annual state funds scheduled to be granted to the LEA