(a) If a written request for a reasonable accommodation is denied by the principal, then the student, teacher, or employee, or the student’s parent or legal guardian, as applicable, may appeal the decision to the director of schools, or to the director’s designee, by submitting a written request for an appeal to the director of schools, or the director’s designee, within fifteen (15) calendar days of the individual’s receipt of the principal’s written decision denying their request for accommodation. The director of schools, or the director’s designee, shall investigate and attempt to resolve the complaint within fifteen (15) calendar days of the director of schools’, or the director’s designee’s, receipt of the written request for an appeal.
Terms Used In Tennessee Code 49-2-804
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Reasonable accommodation: includes , but is not limited to, access to a single-occupancy restroom or changing facility or use of an employee restroom or changing facility. See Tennessee Code 49-2-802
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) If a written request for a reasonable accommodation is denied by the director of schools, or the director’s designee, then the student, teacher, or employee, or the student’s parent or legal guardian, as applicable, may appeal the director of schools’, or the director’s designee’s, decision by requesting a hearing on the matter before an impartial hearing officer selected by the local board of education. To appeal the director of schools’, or the director’s designee’s, decision:
(1) The student, teacher, or employee, or the student’s parent or legal guardian, as applicable, must give written notice to the director of schools, or to the director’s designee, of the individual’s request for a hearing within fifteen (15) calendar days of the individual’s receipt of the director of schools’, or the director’s designee’s, decision denying the request for accommodation;(2) The director of schools, or the director’s designee, shall name an impartial hearing officer within five (5) days following the director of schools’, or the director’s designee’s, receipt of a request for a hearing. The impartial hearing officer shall notify all parties of the hearing officer’s assignment and schedule a hearing no later than thirty (30) days following the director of schools’, or the director’s designee’s, receipt of the individual’s request for a hearing. The impartial hearing officer may conduct all or part of the hearing by telephone if each participant has an opportunity to participate by telephone;(3) The hearing must be conducted privately; and(4) The impartial hearing officer shall, within ten (10) days of the hearing’s conclusion, provide a written decision to all parties.(c) As used in this section, “impartial” means that the selected hearing officer has no history of employment with the local board of education or the director of schools, and has no relationship with any member of the respective local board of education or with the person requesting the hearing.
