Section 0520-12-04-.06 - EARLY RESOLUTION OF COMPLAINTS(1) LEAs and public charter schools are encouraged to work collaboratively with parents, teachers, and other employees to resolve concerns and complaints as quickly as possible. At any point after a complaint has been filed, but before a final written determination has been issued by the LEA or public charter school, the LEA or public charter school, the complainant, or the individual alleged to have included or promoted the Prohibited Concept may propose early resolution of the allegations through a resolution agreement.(2) If a proposed resolution agreement is verbally approved by the LEA or public charter school, the complainant, and the individual alleged to have included or promoted the Prohibited Concept, the LEA or public charter school shall prepare a written resolution agreement to be submitted to the complainant and the individual alleged to have included or promoted the Prohibited Concept summarizing the allegations in the complaint and any agreed upon terms of the early resolution. Entry into an early resolution agreement shall not constitute an admission that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019 or that the individual alleged to have included or promoted the Prohibited Concept, in fact, included or promoted a Prohibited Concept.(3) Once a written resolution agreement between the LEA or public charter school, the complainant, and the individual alleged to have included or promoted the Prohibited Concept, is signed by all parties, the complaint shall be deemed resolved. The LEA or public charter school is not required to complete its investigation or issue a final written determination.(4) If a complainant believes that the LEA or public charter school has failed to enforce a written resolution agreement, then entry into an early resolution written agreement does not prohibit a complainant from later filing a new complaint based on the same facts and allegations as the original complaint, provided the complainant files the new complaint within forty-five (45) calendar days of receiving the written resolution agreement from the LEA or public charter school and the complaint is otherwise filed in accordance with Section .05 of these Rules. If the LEA or public charter school enforces a written resolution for the first thirty (30) calendar days, and thereafter fails to enforce a written resolution, the complainant may also file a new complaint.(5) The sixty (60) calendar day timeline for an LEA or public charter school to complete an investigation and determine whether the allegation(s) in the complaint are substantiated shall not be extended for the purpose of discussing or finalizing an early resolution written agreement.Tenn. Comp. R. & Regs. 0520-12-04-.06
Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective 8/10/2022.Authority: T.C.A. §§ 49-1-201 and 49-6-1019.