Section 0520-04-01-.02 - EMPLOYEE GRIEVANCES - DEFINITIONSEmployees of the state special schools, as state employees, have the same rights and procedural protections afforded other state employees, pursuant to Rules of the State Department of Human Resources 1120-11. Except as otherwise noted below, Rule 1120-11 shall govern grievances by employees of the state special schools. The following specific definitions apply to employee grievances in the state special schools:
(1) "Appellant" means an employee who is affected by an adverse job action and seeks a remedy as set out in the procedures below.(2) "Board" shall mean the State Board of Education.(3) "Commissioner" means the Commissioner of Education.(4) "Demotion" means a reduction in job classification coupled with a reduction in pay exceeding one (1) step on the former pay schedule.(5) "Department" means the State Department of Education.(6) "Employee" means any person in the employment of the state special schools who has completed the mandatory probationary period, including licensed/certificated employees, but does not include interim, emergency, temporary, and part-time employees. For the purposes of this rule, "employee" shall not include licensed/certificated employees suspended or served with charges that will result in a hearing pursuant to the Rules, Regulations, and Minimum Standards of the State Board of Education, Chapter 0520-04-01-.01.(7) "Executive Director" means Executive Director of the State Board of Education.(8) "Interim, emergency, temporary, and part-time employees" are defined as follows: (a) "Interim employee" is a person appointed to a position for a period not to exceed one (1) year.(b) "Emergency employee" is a person appointed to a position for a period not to exceed one hundred and twenty (120) days, when necessity makes it impractical or impossible to fill the position through standard appointment procedures.(c) "Temporary employee" is a person appointed to a position for a specified period, usually less than six (6) months.(d) "Part-time employee" is a person appointed to work a schedule which generally entails working less than one thousand six hundred (1600) hours for a twelve (12) month school year and one thousand three hundred (1300) hours for a ten (10) month school year.(9) "Superintendent" means the person, of whatever title, acting as the chief administrative officer of each state special school.Tenn. Comp. R. & Regs. 0520-04-01-.02
Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.Authority: T.C.A. §§ 49-1423 through 1425, 49-5-501, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.