Section 0520-04-01-.05 - GRIEVANCES - PROCEDURES(1) Procedure shall not entail more than three (3) steps to finality as follows: (a) Step 1 - Appellant's superintendent (formal)1. Verbal discussion with superintendent within fifteen (15) workdays of cause;2. Superintendent's investigation and fact finding; and,3. Decision clearly communicated to appellant by the superintendent within five (5) workdays of the discussion.(b) Step 2 - Appeal to the Commissioner of Education or his designee (formal) 1. Appellant prepares a letter requesting a hearing. The letter must be signed and is to state, with particularity, the basis of the appeal.2. The commissioner or his designee conducts a hearing on the matter within fifteen (15) working days of the receipt of the appeal. The hearing will include a discussion of the facts, allegations of the parties, and proposals for relief.3. Investigation, fact finding, and written decisions will be communicated to the appellant within ten (10) working days after the hearing.(c) Step 3 - Appeal to the State Board of Education (UAPA) 1. Within thirty (30) working days of receipt of an adverse ruling from the Commissioner of Education or his designee, appellant may appeal the decision to the State Board of Education through the executive director.2. The chairman shall set the matter for a contested case hearing either in the presence of the board or by an administrative law judge or hearing officer sitting alone, pursuant to T.C.A. § 4-5-301(c). The board's decision shall be concurred in by a majority of those present and voting at the meeting when the board issues it order.3. Hearings conducted at Step 3 will conform to the model rules of the Secretary of State for contested cases and the State Board of Education hereby adopts Rule 1360-04-01 in statutory compliance.4. The Executive Director of the State Board of Education shall notify the appellant, in writing within fifteen (15) working days of the board meeting, of the action of the board.5. The hearing conducted pursuant to the provisions of the Uniform Administrative Procedures Act and outlined in Step 3 shall be the final step for all appeals for regular employees.Tenn. Comp. R. & Regs. 0520-04-01-.05
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, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.