Tennessee Compilation of School Discipline Laws and ...

1 Tennessee Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds). The School Discipline laws and regulations were compiled through exhaustive searches of legislative websites that identified all laws and regulations relevant to each specific category.

2 Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington , and the territories. Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate Discipline category. Laws, ordered by chapter and section number, appear first within each category followed by regulations. All laws and regulations listed within categories in the Compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures. Additional links to government websites or resources are provided at the end of this document.

3 Notes & Disclaimers To the best of the preparer s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center s website. Prepared by: Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814 EMT Associates, Inc. 1631 Creekside Drive Suite 100 Folsom, California 95630 Table of Contents Tennessee State Codes Cited.

4 1 Codes of Conduct .. 5 Authority to Develop and Establish Codes of Conduct .. 5 Scope .. 7 Communication of Policy .. 8 In- School Discipline .. 10 Discipline Frameworks .. 10 Teacher Authority to Remove Students From Classrooms .. 11 Alternatives to Suspension .. 12 Conditions on Use of Certain Forms of Discipline .. 14 Corporal Punishment .. 14 Search and Seizure .. 16 Restraint and Seclusion .. 18 Exclusionary Discipline : Suspension, Expulsion, and Alternative Placement .. 26 Grounds for Suspension or 26 Limitations or Conditions on Exclusionary Discipline .. 27 Due Process .. 28 Return to School Following Removal .. 30 Alternative Placements .. 31 Discipline Addressing Specific Code of Conduct Violations .. 38 Firearms and Other Weapons Violations .. 38 Students with Chronic Disciplinary Issues .. 40 Chronic Absenteeism and Truancy .. 41 Substance Use .. 46 Gang-related Activity.

5 51 Bullying, Harassment, or Hazing .. 52 Dating and Relationship Violence .. 57 Prevention, Behavioral Intervention, and Supports .. 59 State Model Policies and Implementation Support .. 59 Multi-tiered Frameworks and Systems of Support .. 61 Prevention .. 61 Social-emotional Learning (SEL) .. 62 Trauma-informed Practices .. 64 Mental Health Literacy Training .. 65 School -based Behavioral Health Programs .. 67 Monitoring and Accountability .. 71 Formal Incident Reporting of Conduct Violations .. 71 Parental Notification .. 74 Data Collection, Review, and Reporting of Discipline Policies and Actions .. 77 Partnerships between Schools and Law Enforcement .. 80 Referrals to Law Enforcement .. 80 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification .. 81 Authorizations, Memoranda of Understanding (MOUs), and/or 82 Threat Assessment Protocols .. 86 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .

6 89 Tennessee Compilation of School Discipline Laws and Regulations Page 1 Tennessee State Codes Cited Tennessee Revised Laws The State of Tennessee contracts with LexisNexis to provide free public access to the Tennessee Code ( ). Users must agree to terms and conditions prior to use of the site. All listed laws are searchable by title and chapter number or by using key search terms. Title 39. Criminal Offenses Chapter 8. Employment and Training of Police Officers Part 1. General Provisions 38-8-120. School policing Chapter 17. Offenses Against Public Health, Safety and Welfare Part 3. Disorderly Conduct and Riots 39-17-308. Harassment Title 49. Education Chapter 1. State Administration Part 2. Department of Education 49-1-211. Annual report by commissioner 49-1-213. Technical assistance 49-1-214. Safe schools - Advisory guidelines 49-1-230. Development of training programs for adverse childhood experiences Chapter 2.

7 Local Administration Part 1. General Provisions 49-2-115. Family resource centers 49-2-118. Conflict resolution intervention programs 49-2-120. Prohibition against hazing 49-2-124. Universal mental health or socioemotional screening Part 2. Boards of Education 49-2-203. Duties and powers Part 3. County Administration 49-2-305. Development and adoption of program to promote involvement of parents and guardians Chapter 6. Elementary and Secondary Education Part 3. Elementary, Middle and Secondary Schools Generally 49-6-303. School counselors Tennessee Compilation of School Discipline Laws and Regulations Page 2 Part 8. Schools Against Violence in Education (SAVE) Act 49-6-805. Template minimum requirements 49-6-809. Policy authorizing off-duty law enforcement officers to serve as armed School security officers -Memorandum of understanding - List of qualified officers - Funding - Report 49-6-812.

8 Consistency with harassment and bullying policies 49-6-815. People permitted to possess and carry a firearm on School grounds Part 10. Curriculum Generally 49-6-1007. Character education 49-6-1017. Sexual violence awareness curriculum 49-6-1028. Legislative findings - Public School courses and content to educate children in the United States and Tennessee governments 49-6-1035. Domestic violence awareness education programs Part 12. Junior and Senior High Schools - Curriculum 49-6-1201. General provisions Part 24. Tennessee Community Schools Act 49-6-2403. Part definitions 49-6-2404. Authority to form community consortiums to establish community schools - Centers of communities - Designation of individual to lead implementation of programming - Eligibility for community School grant Part 27. Threat Assessment 49-6-2701. Threat assessment team 49-6-2702. Request for law enforcement or court records upon determination that individual poses threat or exhibits significantly disruptive behavior or need for assistance - Use of information - Disclosure of student's education record 49-6-2703.

9 Immunity of threat assessment team Part 30. Attendance 49-6-3002. State attendance guidelines - No penalty for period of hospital or homebound instruction 49-6-3006. Attendance supervisor 49-6-3004. School term 49-6-3007. List of students - Reports of attendance - Enforcement of compulsory attendance - List of truant students 49-6-3009. Educational neglect - Progressive truancy intervention plans - Referral to juvenile court 49-6-3012. Truancy schools 49-6-3024. Review of laws and policies related to exclusionary Discipline of students in pre-kindergarten through kindergarten Part 34. Suspension of Students 49-6-3401. Suspension of students - Expulsion of students - Exception for self-defense 49-6-3402. Alternative schools for suspended or expelled students - Mandated attendance 49-6-3404. Advisory council for alternative education 49-6-3405. Alternative School success Tennessee Compilation of School Discipline Laws and Regulations Page 3 Part 40.

10 Student and Employee Safe Environment Act of 1996 49-6-4001. Short title 49-6-4002. Discipline policy - Code of conduct 49-6-4004. Uniform and fair application of code of conduct 49-6-4005. Adoption of different but consistent Discipline policies or codes of conduct applicable to different classes of schools 49-6-4006. Civil liability 49-6-4007. Posting and distribution of Discipline policy or code of conduct 49-6-4008. Policy regarding teacher's ability to relocate student for safety reasons 49-6-4009. Student Discipline code to include provision prohibiting indecent clothing Part 41. School Discipline Act 49-6-4101. Short title 49-6-4102. Students accountable for conduct 49-6-4103. Corporal punishment 49-6-4104. Rules and regulations 49-6-4106. Disciplinary referrals 49-6-4107. Use of reasonable force 49-6-4108. Report detailing use of corporal punishment required 49-6-4109.