Section 0520-01-21-.01 - DEFINITIONS(1) "Charter School" means a public charter school as defined at T.C.A. § 49-13-104.(2) "Complainant" means an individual who has filed an allegation or report of harassment or discrimination under Title VI or Title IX with TOCR.(3) "Complaint" means a report or notice of discrimination or harassment under Title VI or Title IX filed with TOCR.(4) "Department" means the Tennessee Department of Education.(5) "Federal Financial Assistance" means the definition of "federal financial assistance" provided at 34 C.F.R. § 100.13(f) and § 106.2(g).(6) "LEA" means local education agency and has the same meaning given in T.C.A. § 49-1-103(2).(7) "Pass-through Entity" means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.(8) "Records" include, but are not limited to, original or copies of the following: the complaint, investigative notes, investigation reports, evidence logs, transcripts or video documentation of testimony, electronic files and communications, photographs and evidentiary documents, lists of all personnel and witnesses involved in proceedings, resolution agreements, findings or determinations of responsibility, and appeal documents; or for the purposes of Title IX sexual harassment allegations, items prepared and maintained in accordance with 34 C.F.R. § 106.45(b)(10).(9) "Title VI" means Title VI of the Civil Rights Act of 1964, a federal statute codified at 42 U.S.C. §§ 2000d et seq. that prohibits discrimination based on race, color, or national origin in programs or activities receiving Federal Financial Assistance.(10) "Title IX" means Title IX of the Education Amendments of 1972, a federal statute codified at 20 U.S.C. §§ 1681 et seq. that prohibits discrimination based on sex in education programs and activities that receive Federal Financial Assistance.(11) "TOCR" means the Tennessee Department of Education Office for Civil Rights.Tenn. Comp. R. & Regs. 0520-01-21-.01
New rules filed July 19, 2022; effective 10/17/2022.Authority: T.C.A. §§ 49-1-102, 49-1-302, and 49-3-201; 42 U.S.C. §§ 2000d, et seq.; 20 U.S.C. §§ 1681, et seq.; 34 C.F.R. Part 100; and 34 C.F.R. Part 106.