Section 0520-01-23-.05 - EARLY RESOLUTION(1) LEAs are encouraged to work collaboratively with the Department to resolve Complaints as quickly as possible. At any point after a Complaint has been received by the Department, but before a written determination letter has been issued by the Department, the LEA may propose early resolution of the allegations through an early resolution agreement.(2) If early resolution is agreed to by the Department and LEA, the LEA shall prepare a written early resolution agreement to be submitted to the Department for review and approval. Entry into an early resolution agreement shall not constitute an admission that the LEA violated T.C.A. § 49-6-310 or this Chapter. The Department's review of the allegation(s) included in a Complaint shall be suspended upon entry into an early resolution agreement.(3) An early resolution agreement shall include, but not be limited to:(a) A summary of the allegations contained in the Complaint; and(b) Any agreed upon terms and conditions of the early resolution agreement, including but not limited to, deadlines for the completion of required acts or steps, and dates for submission of reports and documentation to the Department verifying implementation.(4) Once an early resolution agreement between the LEA and the Department is signed by both parties, the Department shall:(a) Monitor the implementation of the early resolution agreement to ensure the LEA complies with the terms;(b) Provide written notice to the LEA of any deficiencies in implementation and shall request immediate and appropriate action to address those deficiencies;(c) When necessary, require additions to or modifications of the early resolution agreement to address the failure of the LEA to fully implement the terms of original agreement; and(d) Provide written notice to the Reporting Party that the LEA and the Department have entered into an early resolution agreement, including the terms of the early resolution agreement. Such notice shall be sent in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232(g)); T.C.A. § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in Title 49, Chapter 1, Part 7; and all other relevant privacy laws.(5) When the Department determines that the LEA has fully implemented the terms and conditions of the early resolution agreement, the Department shall conclude the monitoring of the early resolution agreement by sending written notification to the LEA and the Reporting Party. Such notice shall be sent in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232(g)); T.C.A. § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in Title 49, Chapter 1, Part 7; and all other relevant privacy laws.(6) If an LEA fails to comply with the terms and conditions established in an early resolution agreement, the Department shall re-initiate the review of the Complaint submitted to the Department in accordance with Rule 0520-01-23-.04 of this Chapter.Tenn. Comp. R. & Regs. 0520-01-23-.05
New rules filed February 24, 2023; effective 5/25/2023.Authority: T.C.A. §§ 49-1-201 and 49-6-310.