(1) Each LEA or public charter school shall:
- (a) Ensure compliance with T.C.A. § 49-6-1019(a) by investigating suspected violations and complaints alleging violations of T.C.A. § 49-6-1019(a) in accordance with these Rules;
- (b) Post the complaint form provided by the Department for filing a complaint alleging violations of T.C.A. § 49-6-1019 on the LEA or public charter school’s website;
- (c) Prohibit retaliation for filing a complaint, filing an appeal, or participating in an investigation at the local or Departmental level;
- (d) Obtain written consent from a parent prior to the participation of a minor student in the investigative process, including consent to be interviewed;
- (e) Provide instructions on how to file an appeal of the LEA or public charter school’s determination with the Department in any written determination to an eligible complainant;
- (f) Provide annual notice of T.C.A. § 49-6-1019(a) and these Rules to staff, students, and parents;
(g) Maintain for five (5) years and make available for inspection by the Department, records of:
- 1. The number of complaints filed;
- 2. The number of complaints closed;
- 3. The number of complaints pending;
- 4. The number of complaints substantiated; and
- 5. The number of complaints not substantiated.
Authority: T.C.A. §§ 49-1-201 and 49-6-1019. Administrative History: 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 August 10, 2022.