Tennessee School Discipline Laws & Regulations: Alternatives to Suspension

Tennessee School Discipline Laws & Regulations: Alternatives to Suspension

Category: In-School Discipline
Subcategory: Alternatives to Suspension
State: Tennessee

The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.

To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.

Tennessee

LAWS

49-6-3009. Educational neglect – Progressive truancy plans that implement tiers of intervention – Referral to juvenile court.

(d) Progressive truancy plans adopted by local boards of education pursuant to subsection (c) must be applied prior to referral to juvenile court as described in § 49-6- 3007(e)(1). Beginning with the 2021-2022 school year, progressive truancy plans must include a first tier of truancy prevention that is applicable to all enrolled students, and a second and third tier of truancy intervention required for students who have accumulated a minimum of five (5) days of unexcused absences. Beginning with the 2021-2022 school year, progressive truancy plans must meet the following requirements:

(3) Tier three must be implemented if the truancy interventions under tier two are unsuccessful. Tier three may consist of one (1) or more of the following:

(A) School-based community services;
(B) Participation in a school-based restorative justice program;
(C) Referral to a school-based teen court; or
(D) Saturday or after-school courses designed to improve attendance and behavior.

(e) In-school suspension or out-of-school suspension must not be used as part of the progressive truancy plans adopted by schools for unexcused absence from class or school.

(m) For purposes of this section, all references to "intervention," "truancy intervention," or "progressive truancy intervention" are deemed references to the truancy interventions of the second and third tiers of a progressive truancy plan.

49-6-3024. Review of laws and policies related to exclusionary discipline of students in pre-kindergarten through kindergarten.

(a) The department of education, in consultation with juvenile court officials, shall review all current laws and policies related to exclusionary discipline practices in public schools for students in pre-kindergarten through kindergarten (pre-K-K). For purposes of this section, "exclusionary discipline" means any type of school disciplinary action that removes or excludes a student from the student's traditional educational setting.

(b) The review shall:

(1) Examine the number of exclusionary discipline actions issued by an LEA and the length of each respective disciplinary action;

(2) Detail the type of offenses committed by the students that led to the exclusionary discipline action;

(3) Review the impact exclusionary discipline has on students;

(4) Examine recommendations from lawmakers, juvenile court officials, judges, district attorneys, the Tennessee commission on children and youth, and representatives from LEAs on alternatives to exclusionary discipline;

(5) Identify free resources to support teachers and parents in addressing children's social, emotional, and behavioral health, strengthening family relationships, and increasing developmental and behavioral screening; and

(6) Research the possibility of:

(A) Eliminating exclusionary discipline for non-violent offenses; and

(B) Encouraging schools to adopt restorative justice discipline practices.

(c) The department shall develop guidelines and standards for alternatives to exclusionary discipline practices based on the findings of the review required under subsection (b).

(d) The department shall present its findings and a written report to the education committee of the senate, the education administration and planning committee of the house of representatives, and the education instruction and programs committee of the house of representatives no later than May 1, 2018.

(e) After submission of the report required in subsection (d), the department shall develop a model policy for alternatives to exclusionary discipline practices that districts may adopt for students in pre-kindergarten through kindergarten (pre-K-K). If a district does not adopt the model policy developed by the department, the district shall develop and implement a policy that meets the guidelines and standards developed under subsection (c). Each LEA shall adopt the model policy or develop their own policy prior to the 2018-2019 school year.

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

(b)(1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior:

(A) That adversely affects the safety and well-being of other pupils;

(B) That disrupts a class or school sponsored activity; or

(C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus.

(2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements.

(c)(1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student's misconduct, questioned about it and allowed to give an explanation.

(2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools' designee of:

(A) The suspension, which shall be for a period of no more than ten (10) days;

(B) The cause for the suspension; and

(C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal.

REGULATIONS

No relevant regulations found.