Section 0465-04-01-.06 - PROCEDURAL SAFEGUARDS(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.Tenn. Comp. R. & Regs. 0465-04-01-.06
Transfer from chapter 0520-01-10 and amendments filed March 15, 2021; effective 6/13/2021.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).