Tennessee School Discipline Laws & Regulations: Alternative placements

Tennessee School Discipline Laws & Regulations: Alternative placements

Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Alternative placements
State: Tennessee

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Tennessee

New in 2024

LAWS

49-6-3002. State attendance guidelines–No penalty for period of hospital or homebound instruction.

(a) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that prescribe guidelines for use by local boards of education in establishing standards and policies governing student attendance, subject to availability of funds. The guidelines shall include, but not be limited to, the following stipulations:

(5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements. [...]

(c)(1) Notwithstanding any law to the contrary, if a student is unable to attend regular classes pursuant to a summons, subpoena, court order, statute or rule, then the student's absence shall be an excused absence and the student shall be afforded the opportunity to complete all assignments missed for this purpose.

49-6-3012. Truancy schools.

a. The board of education having charge of the public schools of any local school system having a population of ten thousand (10,000) or more, according to the federal census of 1950 or any subsequent federal census, may establish a truancy school, either within or without the city limits, for children who are between seven (7) and sixteen (16) years of age, both inclusive, and who are habitual truants, or while in attendance at school are incorrigible, vicious, immoral or who habitually wander or loiter about without lawful employment.

b. Such children shall be deemed disorderly juvenile persons, and may be compelled by the board to attend the truancy school or any department of the public school as the board may direct.

c. Any board of education having charge of schools affected by this part shall have authority to exclude any delinquent pupil whose influence is deemed by the board to be demoralizing or injurious to other pupils attending the schools.

49-6-3401. Suspension of students–Expulsion of students–Exception for self-defense.

(c)(5) After the hearing, the board of education or the disciplinary hearing authority may affirm the decision of the principal, order removal of the suspension unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program or night school or suspend the student for a specified period of time. [...]

(g)(3) Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school.

49-6-3402. Alternative schools for suspended or expelled students–Mandated attendance – Remote instruction.

(a) Local boards of education may establish alternative schools for students in grades one through six (1-6) who have been suspended or expelled from the regular school program. At least one (1) alternative school or alternative program shall be established and available for students in grades seven through twelve (7-12) who have been suspended or expelled as provided in this part. In providing alternative schools, any two (2) or more boards may join together and establish a school attended by students of any such school system; furthermore, any board may, by mutually acceptable agreement with another board, send its suspended or expelled students to any alternative school already in operation.

(b) Alternative schools and alternative programs shall be operated pursuant to rules of the state board of education pertaining to them, and instruction shall proceed as nearly as practicable in accordance with the instructional programs at the student's home school. All course work completed and credits earned in alternative schools or alternative programs shall be transferred to and recorded in the student's home school, which shall grant credit earned and progress thereon as if earned in the home school.

(c)(1)(A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available.

(B)(i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense.

(ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program.

(iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis.

(C)(i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if:

(a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled.; or

(b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program.
(ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis.

(D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance.

(2)(A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program.

(B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that:

(i) The student has violated the rules of the alternative school or alternative program; or

(ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully.

(C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion.

(D) The director of schools, or the director's designee, shall make the final decision on removal.

(3) If a student is under suspension or expulsion and transfers to another LEA during the student's suspension or expulsion period, then the director of schools, or the director's designee, of the LEA to which the student transfers may review the grounds of the student's suspension or expulsion, but is not required to enforce the suspension or expulsion. If the director of schools, or the director's designee, elects to enforce the student's suspension or expulsion, then, notwithstanding subdivision (c)(1), the LEA to which the student transferred is not required to assign the student to an alternative school or alternative program for the remainder of the suspension or expulsion period. This subdivision (c)(3) does not limit or impair an LEA's ability to deny enrollment to a student who is under suspension or expulsion in another LEA or state pursuant to § 49-6-3401(f).

(d) Any student attending an alternative school shall continue to earn state education funds in the student's home school system and shall be counted for all school purposes by that system as if still in attendance there.

(e) A pupil who has been properly found to be eligible for special education and related services shall be placed and served in accordance with the laws and rules relating to special education.

(f)(1) The state board of education, in its rules and regulations for the operation of alternative schools, shall require documentation of the reasons for a student attending an alternative school and provide safeguards to assure that no child with disabilities or other special student is arbitrarily placed in an alternative school. The state board of education, in its rules and regulations, shall require that all alternative school classrooms have working two-way communication systems making it possible for teachers or other employees to notify a principal, supervisor or other administrator that there is an emergency. Teachers and other employees shall be notified of emergency procedures prior to the beginning of classes for any school year.

(2) The state board of education shall provide a curriculum for alternative schools to ensure students receive specialized attention needed to maximize student success. Alternative schools shall offer alternative learning environments in which students are offered a variety of educational opportunities, such as learning at different rates of time or utilizing different, but successful, learning strategies, techniques and tools.

(g) Notwithstanding this section or other law to the contrary, local boards of education may establish evening alternative schools for students in grades six through twelve (6-12).

(h)(1) LEAs establishing alternative schools or contracting for the operation of alternative schools shall develop and implement formal transition plans for the integration of students from regular schools to alternative schools and from alternative schools to regular schools. The plans shall be targeted to improve communication between regular and alternative school staff, provide professional development opportunities shared by regular school staff and alternative school staff, align curricula between regular schools and alternative schools, develop quality in-take procedures for students returning to regular school and provide student follow-up upon return to regular school.

(2) The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans.

(i) Alternative schools and alternative programs may provide remote instruction to students attending the school or program.

(3) An LEA that has established a virtual school pursuant to chapter 16, part 2 of this title may enter into an agreement with an LEA that has not established a virtual school pursuant to chapter 16, part 2 of this title for the LEA's virtual school to provide remote instruction to students enrolled in either LEA who have been suspended or expelled from the regular school program. An agreement entered into pursuant to this subdivision (i)(3) is an approved alternative program for purposes of this section.

49-6-3404. Advisory council for alternative education.

(a) There is established an advisory council for alternative education that shall advise, assist and consult with the governor, the commissioner of education and the state board of education.

(b)(1) The advisory council shall be composed of a maximum of ten (10) members, including parents of children attending alternative schools or who have attended alternative schools, teachers or principals serving in alternative schools, members of local boards of education, at least one (1) community representative concerned with alternative education and at least one (1) representative of an educators' association concerned with alternative education.

(2) The governor shall appoint the members of the advisory council for three-year terms, except for the appointment of the initial members. In appointing the initial members to the advisory council, each member shall be designated as filling an odd-numbered seat or an even-numbered seat. The members appointed to the odd-numbered seats shall serve three-year terms and the members appointed to the even-numbered seats shall serve two-year terms.

(3) Vacancies shall be filled for an unexpired term in the same manner as original appointments.

(c)(1) The advisory council shall elect its own chair and vice chair annually.

(2) A representative of the commissioner of education shall meet with and act as secretary to the advisory council. The commissioner, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council.

(d) All members of the advisory council shall serve without compensation, but shall be eligible for reimbursement for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

(e) The advisory council shall:

(1) Consider any issue, problem or matter related to alternative education presented to it by the governor, the commissioner or the state board of education, and give advice on any issue, problem or matter;

(2) Study proposed plans for alternative education programs or curricula to determine if the plans or curricula should be adopted;

(3) Study alternative education programs or curricula implemented in Tennessee school systems to determine the effectiveness of the programs or curricula, and alternative education programs or curricula implemented in other states to determine if the programs or curricula should be adopted in Tennessee schools;

(4) Consider rules of governance of alternative schools and make recommendations concerning rules of governance; and

(5) Make an annual report to the governor, the education committee of the senate, the education committee of the house of representatives, the commissioner of education and the state board of education on the state of alternative education in this state. The report shall be submitted prior to February 1 each year.

49-6-3405. Alternative school success.

(a)(1) Each LEA shall track the operation and performance of alternative school programs operated by the LEA or contractually operated for the LEA. LEAs shall measure and report to the department of education alternative school success through academic indicators and behavior indicators.

(2) Academic indicators shall include, but not be limited to, grade point averages or other student academic performance measures, performance on the Tennessee comprehensive assessment program (TCAP), performance on the end-of-course assessments, attendance, dropout rates and graduation rates, for students in alternative schools or who have been in alternative schools.

(3) Behavioral indicators shall include, but not be limited to, disciplinary reports and subsequent remands to alternative schools.

(4) The department of education shall provide guidance in the reporting of the required data.

(b) The state board of education shall seek to improve performance of alternative school programs by promulgating or revising rules and regulations requiring greater accountability by the department of education and LEAs for outcomes of students served by alternative schools.

REGULATIONS

0520-01-02-.09. Alternative education.

(1) Alternative education is a non-traditional, short-term academic program or school designed to meet the student's educational, behavioral, and social needs. Alternative education includes alternative schools and alternative programs.

(2) Alternative school means a short-term intervention program designed to provide educational services outside of the regular school program for students who have been suspended or expelled. Alternative schools are located in a separate facility from the regular school program.

(3) Alternative program means a short-term intervention program designed to provide educational services outside of the regular school program for students who have been suspended or expelled. Alternative programs may be located within the regular school or be a self-contained program within a school. Alternative programs include, but are not limited to, night schools or in-school suspension.

(4) Pursuant to T.C.A. § 49-6-3402.,(i) alternative schools and alternative programs may provide virtual instruction to students assigned to the alternative school or alternative program through a virtual school or virtual program in accordance with State Board Virtual Education Rule 0520-01-03-.05. Tracking of student attendance for students assigned to an alternative school or alternative program who are receiving virtual instruction shall comply with the attendance procedures set forth in State Board Virtual Education Rule 0520-01-03-.05.

(5) Pursuant to T.C.A. § 49-6-3402, local boards of education may establish alternative schools or alternative programs for students in grades one (1) through six (6) who have been suspended or expelled from the regular school program.

(6) Attendance in an alternative school or alternative program shall be voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program, unless the local board of education adopts a policy mandating attendance in either instance.

(7) A local board of education shall establish at least one (1) alternative school or alternative program for students in grades seven (7) through twelve (12) who have been suspended or expelled. Attendance in an alternative school or alternative program is mandatory for students in grades seven (7) through twelve (12) who have been suspended for more than ten (10) days or expelled from the regular school program if space and staff are available. Space and staff availability shall be determined by the LEA at the time the disciplinary decision is rendered.

(a) Attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero-tolerance offense. However, this does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero-tolerance offense to an alternative school or alternative program.

(b) A director of schools, or a director's designee, is not required to assign a student in grades seven (7) through twelve (12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if conditions set forth in T.C.A. § 49-6-3402(c)(1)(C) are met.

(8) Students in pre-Kindergarten or Kindergarten shall not be assigned to an alternative school or alternative program.

(9) Each local board of education shall adopt a policy regarding alternative education that is aligned to this rule and that defines and provides appropriate educational opportunities for all students assigned to an alternative school or alternative program. The policy shall recognize the impact of exclusionary discipline practices on students, and placement in an alternative education program should be reserved for infractions that significantly disrupt the educational process. LEAs shall utilize the Model Standards for Alternative Education Programs developed by the Department of Education as a guideline in development of their policies and procedures.

(10) Requirements for alternative education:

(a) The scope, sequence, and pacing of instruction shall proceed as nearly as practicable in accordance with the instructional program in the student's regular school. Instruction shall be based on the academic standards adopted by the State Board.

(b) All course work and credits earned shall be transferred and recorded in the student's home school, which shall grant credit earned and progress thereon as if earned in the home school.

(c) Students shall participate in all required state assessments at sites determined by school officials and in accordance with established guidelines regarding student grade levels and eligibility. State assessment results shall be reported in the LEA where the student was enrolled prior to his or her placement in the alternative school.

(d) Each alternative school or alternative program shall comply with class size requirements established in T.C.A. § 49-1-104. and instructional and planning time requirements established by the State Board. Nothing shall prohibit an LEA from establishing a lower class size ratio in an alternative school or alternative program.

(e) The minimum length of the school day for alternative schools and alternative programs shall be six and one-half (6 1/2) hours, provided that alternative schools and alternative programs may operate beyond traditional school hours to provide students with a range of educational opportunities.

(f) LEAs shall monitor and regularly evaluate the academic progress of each student enrolled in an alternative school or alternative program.

(g) Students are subject to all rules pertaining to the alternative school or alternative program.

1. The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that:

(i) The student has violated the rules of the alternative school or alternative program; or

2. A student's removal from the alternative school or alternative program shall not constitute grounds for extending the length of original suspension or expulsion.

3. The director of schools, or the director's designee, shall make the final decision on removal.

(h) If a student has an active Individualized Education Program (IEP), a 504 plan, or is suspected of having a disability, all state and federal laws and rules relating to students with disabilities and special education shall be followed. The IEP team shall make all decisions regarding change of placement and delivery of services for students with disabilities. No student with a disability shall be arbitrarily placed in an alternative school or alternative program.

(i) Prior to the assignment of a student to an alternative school or alternative program, the LEA shall provide written notice, which includes the reason for the student's placement, to the student's parent or guardian. Reasons for placement in an alternative school or alternative program must be documented. End of year reports must be made to the regular school for each student.

(j) Each teacher providing instruction to students in an alternative school or alternative program shall be licensed to teach in Tennessee and shall meet the qualifications to teach in compliance with the rules and regulations of the State Board.

(k) Alternative schools shall have an appropriately licensed administrator assigned to supervise the school.

(l) Support services such as counseling and psychological services must be accessible.

(m) Each LEA shall develop and implement formal transition plans for the integration of students from a traditional school to an alternative school or from an alternative school back to a traditional school. Transition plans shall be targeted to improve communication between a traditional school and an alternative school staff and should address any barriers that would prohibit students from successfully transitioning. Transition plans shall include aligning of curricula, in-take procedures for students returning to traditional school, professional development opportunities for traditional and alternative school staff, educational and behavioral supports, follow-up for students returning to traditional school, and the development of graduation and postsecondary goals.

(n) All alternative school classrooms shall have working two-way communication systems that make it possible for teachers or other employees to notify a principal, supervisor, or other administrator that there is an emergency.

(o) It is the responsibility of the director of schools to ensure that all alternative school teachers and other employees have been trained to use the two-way communication system and are notified of emergency procedures prior to the beginning of classes for any school year and when changes are made in the emergency procedures and/or personnel. Such emergency procedures shall be linked to the school and school district emergency preparedness plan.

(p) LEAs shall submit an annual alternative education survey to the Department that provides the following information:

1. Alternative schools or programs currently in operation in the LEA;

2. Number and grade level of students served;

3. Primary reason for student assignment;

4. Number of faculty and staff; and

5. Information required by T.C.A. § 49-6-3405.

(11) Funding:

(a) Students attending an alternative school or alternative program shall continue to earn funding through the state’s K-12 education funding formula for the LEA in which the student is enrolled.

(12) Facilities:

(a) A local board of education may not contract or otherwise affiliate with an alternative school program which requires an order of a court as a precondition of placement in such alternative school.

(b) A local board of education may contract with independent contractors to provide alternative school facilities and other appropriate services consistent with T.C.A. § 49-2-203.

(d) Two (2) or more boards may join together and establish an alternative school attended by students from any such LEA.

(e) Through a mutually accepted agreement with another local board of education, a board may send its suspended or expelled students to an alternative school already existing in another LEA or may enter into an agreement with an LEA that established a virtual school to provide virtual instruction to students who have been suspended or expelled.

0520-01-02-.17. State attendance guidelines.

(5) Each local board of education shall adopt an attendance policy in accordance with the State Board's School Attendance Policy 4.100 that is firm, but fair; includes effective accounting and reporting procedures; accounts for extenuating circumstances; includes appeal procedures; and establishes and maintains alternative programs for students who fail to meet minimum attendance requirements. [...]

(8) LEAs are encouraged to develop truancy boards, youth courts, or other alternative programs to serve as an intervention for students with excessive absences. These may be in addition to, or a part of, the progressive truancy intervention plan required by T.C.A. § 49-6-3009.