Due Process Hearings in Tennessee
How does due process work for IEP disputes in Tennessee?
Tennessee due process hearings are conducted by administrative law judges (ALJs) employed by the secretary of state, as established in Tenn. Code Ann. § 49-10-606 and Tenn. Comp. R. & Regs. 0520-01-09-.18. The secretary of state may contract with no more than three part-time ALJs who are currently serving under an appointment by the department of education. ALJs must receive intensive training in special education law approved by the Administrative Office of the Courts in consultation with TDOE, and paid for by TDOE (Tenn. Code Ann. § 49-10-606). Either a parent or a public agency may file a due process complaint alleging a violation of IDEA or Tennessee special education rules. Tennessee provides a two-year timeline for filing (consistent with 34 CFR 300.507(a)(2)), unless the parent was prevented from filing due to misrepresentation or withholding of information. Tennessee provides an optional resolution process: within 15 days of receiving the complaint, the LEA must convene a resolution meeting unless both parties waive it or agree to mediation. If the issue is not resolved within 30 days, the hearing may proceed. The ALJ must issue a written decision within 45 days after the end of the resolution period. Mediation is conducted by mediators trained under Tennessee Supreme Court Rule 31 and employed by or contracted by the secretary of state, as required by Tenn. Code Ann. § 49-10-605 and 0520-01-09-.17. Civil action may be brought in state or federal court under Tenn. Code Ann. § 49-10-608 and 0520-01-09-.19.
What Tennessee Requires
Either a parent or a public agency may file a due process complaint alleging a violation of IDEA or Tennessee special education rules (Tenn. Comp. R. & Regs. 0520-01-09-.18(1); Tenn. Code Ann. § 49-10-606; 34 CFR 300.507).
Tennessee due process hearings are conducted by administrative law judges (ALJs) employed by the secretary of state; the secretary may contract with no more than three part-time ALJs (Tenn. Code Ann. § 49-10-606; Tenn. Comp. R. & Regs. 0520-01-09-.18(1)).
ALJs must receive intensive training in special education law approved by the Administrative Office of the Courts in consultation with TDOE (Tenn. Code Ann. § 49-10-606).
The due process complaint must allege a specific violation and describe the nature of the problem, including facts relating to the problem, and a proposed resolution (34 CFR 300.508(b)).
Within 15 days of receiving the complaint, the LEA must convene a resolution meeting unless both parties agree to waive the meeting or to use mediation (34 CFR 300.510(a)).
The ALJ must issue a written decision within 45 days after the expiration of the 30-day resolution period (34 CFR 300.515(a)).
Tennessee mediation is conducted by mediators trained under Tennessee Supreme Court Rule 31 and employed by or contracted by the secretary of state; mediators must also receive legal training in special education law (Tenn. Code Ann. § 49-10-605; Tenn. Comp. R. & Regs. 0520-01-09-.17).
Appeals of the ALJ decision may be filed in any state court of competent jurisdiction or in federal district court (Tenn. Code Ann. § 49-10-608; Tenn. Comp. R. & Regs. 0520-01-09-.19).
Key Timelines
Due process complaints must be filed within two years of the date the parent or agency knew or should have known about the alleged action (34 CFR 300.507(a)(2)).
LEA must convene a resolution meeting within 15 days of receiving the complaint (34 CFR 300.510(a)).
If the complaint is not resolved in the 30-day resolution period, the due process hearing may proceed (34 CFR 300.510(b)).
The ALJ must issue a final written decision within 45 days after the 30-day resolution period expires (34 CFR 300.515(a)).
Appeals of the ALJ decision may be filed in state or federal court (Tenn. Code Ann. § 49-10-608; Tenn. Comp. R. & Regs. 0520-01-09-.19).
Sources
Related IEP Guides
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