Section 0520-02-01-.18 - LOCAL LEVEL GRIEVANCES(1) T.C.A. § 49-1-302 provides for a local-level evaluation grievance procedure, which shall provide a means for evaluated teachers and school administrators to challenge only the accuracy of the data used in the evaluation and the adherence to the evaluation rules and policies adopted by the State Board.(2) All local-level grievance procedures shall be aligned with the requirements of this rule, State Board Policy 5.201, and the Local-Level Grievance Protocol published by the Department. The local-level grievance procedure shall provide for a review of the data used for the calculation of an evaluation score to ensure it is properly attributed to the educator.(3) The director of schools or charter school leader shall ensure all educators are aware of the local-level grievance procedures and shall ensure the grievance process is conducted without fear, discrimination, or reprisal.(4) Each local-level grievance procedure shall provide educators an opportunity to request for a review of the accuracy of the data, including the following: (a) The calculation of the qualitative score to ensure the correct procedures were followed; and(b) Student scores used as part of the quantitative portion to ensure they were correctly assigned to the educator.(5) All grievances shall be filed with the educator's LEA or charter school governing body. If the grievance decision does not require a change to the educator's evaluation score, the grievance shall be resolved by the LEA or charter school governing body. If a grievance decision by an LEA or charter school governing body would require a change to an educator's evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.(6) Minor procedural errors in implementing the evaluation model shall be resolved by the LEA or charter school governing body procedure but shall not constitute grounds for challenging the final results of an evaluation. Minor procedural errors shall be defined as errors that do not materially affect or compromise the integrity of the evaluation results. The final results of an evaluation may only be challenged if the person being evaluated can demonstrate, no later than during step II of the grievance procedure, that the procedural errors made could materially affect or compromise the integrity of the evaluation results. The Department shall provide guidance on which procedural errors may materially affect or compromise the results of the evaluation.(7) Grievances may be filed at the end of each of the three (3) components of the evaluation model: qualitative appraisal; student growth measures; and other measures of student achievement.(8) A grievance shall be filed no later than fifteen (15) days from the date educators receive the results for each component; otherwise the grievance shall be considered untimely and invalid. Nothing shall preclude educators from filing a grievance at any time prior to the deadlines stated herein.(9) LEAs and charter schools shall develop and make available standard grievance forms. No grievance may be denied because the standard form adopted by the educator's LEA or charter school has not been used, as long as the components required by this rule are included.(10) Each grievance submitted shall contain: (a) The educator's name, position, school, and additional title, if any;(b) The name of the educator's immediate supervisor;(c) The name of the evaluator/reviewer;(d) The date the challenged evaluation was received;(e) The evaluation period in question;(f) The basis for the grievance, which must include an allegation of inaccurate data used in the evaluation or a failure to follow correct evaluation procedures under this rule and State Board Policy 5.201. A failure to state the basis for the grievance shall result in the grievance being considered invalid;(g) The corrective action desired by the educator; and(h) Sufficient facts or other information to begin an investigation.(11) Procedures. The grievance process shall be conducted in accordance with the following three (3) steps: (a) Step I - Evaluator. Educator submits their grievance to the evaluator.1. Written grievance containing the information required under paragraph ten (10) is submitted to the evaluator within fifteen (15) days of receipt of the result of the component being grieved.2. Local administrative investigation and fact finding. Evaluator submits decision to LEA administrator or charter school leader for review and confirmation of final decision.3. Decision clearly communicated in writing to educator within fifteen (15) days of receipt of the grievance. If a grievance is resolved at Step I and requires a change to an educator's evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.4. To allow disputes to be resolved at the lowest level possible, the evaluator may take necessary action, based on the circumstances, to correct any procedural errors made in the evaluation process.(b) Step II - Director of Schools or Charter School Leader. If a grievance is not resolved to the satisfaction of the educator at Step I, the Step I decision may be appealed to the director of schools or charter school leader or their designee who shall have had no input or involvement in the evaluation for which the grievance has been filed.1. Written grievance and prior step decision submitted by the educator to the director of schools or charter school leader or their designee within fifteen (15) days of receipt of decision from Step I. The designee cannot be used in cases involving a school administrator's evaluation.2. Informal discussion or hearing of facts, allegations, and testimony by appropriate witnesses as soon as practical. An attorney or a representative of an educator may speak on behalf of the educator during the informal discussion or hearing but is not required.3. Local investigation, fact finding, and written final decision communicated to the educator in writing within fifteen (15) days of discussion.4. If a grievance is resolved at Step II and requires a change to an educator's evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.5. To allow disputes to be resolved at the lowest level possible, the Director of Schools or charter school leader may take necessary action, based on the circumstances, to immediately correct any procedural errors made in the evaluation process.(c) Step III - Local Board of Education or Charter School Governing Body. If a grievance is not resolved to the satisfaction of the educator at Step II, the Step II decision may be appealed by the educator to the local board of education or charter school governing body.1. To appeal the Step II decision to the local board of education or charter school governing body educators must submit a written grievance and all relevant documentation to the local board of education or charter school governing body within fifteen (15) days of receipt of the decision from Step II. Educators may include with the grievance a request for a full hearing before the local board of education or charter school governing body as part of the written grievance.2. The board of education or charter school governing body, may grant a request for a full hearing or if the board of education or charter school governing body denies a request for a full hearing, the local board or charter school governing body may affirm or overturn the decision of the director of schools or charter school leader without a hearing by basing the decision upon the record from the previous grievance steps. Any hearing granted by the board of education or charter school governing body shall be held no later than thirty (30) days after receipt of a Step III appeal and request for a hearing.3. The local board of education or charter school governing body shall give written notice of the time and place of any hearing to the educator, director of schools or charter school leader, and all administrators involved.4. If a grievance is resolved at Step III and requires a change to an educator's evaluation score, the grievance shall be submitted to the Department for final approval and action.5. The decision of the local board of education or charter governing body shall be communicated in writing to all parties, no later than thirty (30) days after conclusion of the hearing.6. The local board of education or charter school governing body shall serve as the final step for all local level grievances to resolve issues with the qualitative portions of the evaluation process.7. An attorney may represent an educator before the local board of education or charter governing body. The educator and the local board of education or charter governing body may have counsel present at discussions prior to the final step.Tenn. Comp. R. & Regs. 0520-02-01-.18
Original rule filed December 4, 2020; effective 3/4/2021.Authority: T.C.A. § 49-1-302.