This part shall be known and may be cited as the "Student and Employee Safe Environment Act of 1996."
Tennessee School Discipline Laws & Regulations: Authority to Develop and Establish Codes of Conduct
Tennessee School Discipline Laws & Regulations: Authority to Develop and Establish Codes of Conduct
Category: Codes of Conduct
Subcategory: Authority to Develop and Establish Codes of Conduct
State: Tennessee
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LAWS
49-6-2801. Evidence-based behavior supports and interventions
(b) Each student discipline policy or code of conduct adopted by a local board of education or public charter school governing body pursuant to § 49-6-4002 must include:
(1) Evidence-based behavior supports and interventions; and
(2) A provision authorizing teachers and administrators to enforce the student discipline policy or code of conduct and to hold students accountable for any disorderly conduct in school, on school buses, or at school-sponsored events.
49-6-2802. Policy regarding relocation of student – Use of reasonable or justifiable force – Intervention in physical altercation
(a)
(1) Each local board of education and each public charter school governing body shall adopt a policy regarding a teacher's ability to relocate a student from the student's present location to another location for the student's safety or for the safety of others.
(2) The use of reasonable or justifiable force, as defined in §§ 39-11-603, 39-11-609, 39-11-610, 39-11-612, 39-11-613, 39-11-614, 39-11-621, and 39-11- 622, if required to accomplish this task due to the unwillingness of the student to cooperate, is allowed. If steps beyond the use of reasonable or justifiable force are required, then the student must be allowed to remain in place until local law enforcement officers or school resource officers can be summoned to relocate the student or take the student into custody until a parent or guardian can retrieve the student.
(3) The policy required under this subsection (a) must authorize teachers to intervene in a physical altercation between two (2) or more students, or between a student and an LEA employee or public charter school employee, as applicable, using reasonable or justifiable force upon a student, if necessary, to end the altercation by relocating the student to another location.
(b) The policy required under subsection (a) must:
(1) Be in effect on school property, as well as at official school-sponsored events, including, but not limited to, sporting events and approved field trips that take place away from school property; and
(2) Cover teachers who are directly responsible for the student's education, and other LEA employees or public charter school employees, as applicable, who interact with students on a professional basis. The LEA employees or public charter school employees described in this subdivision (b)(2) include, but are not limited to, administrators, teachers, school support staff, bus drivers, cafeteria workers, and school resource officers while the employee is acting within the scope of the employee's assigned duties.
(c) The policy required under subsection (a) must require a teacher to file a brief report with the principal detailing the situation that required the relocation of the student. The report must be kept either in a student discipline file, in which case the report does not become a part of the student's permanent record, or it must be filed in the student's permanent record, if the student's behavior violated the applicable zero tolerance policy. After the teacher files the report required under this subsection (c), the student is subject to additional disciplinary action that may include suspension or expulsion from the school. The principal or the principal's designee must notify the teacher involved of the actions taken to address the behavior of the relocated student.
(d) Each principal shall fully support the authority of each teacher in the principal's school to relocate under this section.
(e) Each principal shall implement the policies and procedures of the local board of education or public charter school governing body, as applicable, relating to the authority of each teacher to relocate a student and shall disseminate such policies and procedures to the students, faculty, staff, and parents or guardians of students.
(f) The policy required under subsection (a) must comply with all state and federal laws, including the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794).
49-6-4001. Short title.
49-6-4002. Discipline policy–Code of conduct.
(a) Each local board of education and charter school governing body shall adopt a discipline policy to apply to the students in each school operated by the LEA or charter school governing body.
(b) The director of schools or head of the charter school is responsible for overall implementation and supervision, and each school principal is responsible for administration and implementation of a code of conduct within the principal's school.
(c) In developing a discipline policy, the local board of education or charter school governing body shall seek recommendations from parents, employees of the LEA or charter school, law enforcement personnel, and youth-related agencies in the community.
(d) Each discipline policy or code of conduct must contain the type of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged. Each policy must address:
(1) Language used by students;
(2) Respect for all school employees;
(3) Fighting, threats, bullying, cyberbullying, and hazing by students;
(4) Possession of weapons on school property or at school functions;
(5) Transmission by electronic device of any communication containing a credible threat to cause bodily injury or death to another student or school employee;
(6) Damage to the property or person of others;
(7) Misuse or destruction of school property;
(8) Sale, distribution, use, or being under the influence of drugs, alcohol, or drug paraphernalia;
(9) Disobedient, violent, abusive, uncontrollable, or disruptive student conduct on school property, on school buses, and at school-sponsored events;
(10) Other subjects that a local board of education or a charter school governing body chooses to include.
(e) Each local discipline policy must indicate that the following offenses are zero tolerance offenses:
(1) Unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
(2) Aggravated assault as defined in § 39-13-102 upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer;
(3) Assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer; and
(4) Unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402–39-17-415, controlled substance analogue, as defined by § 39-17-454, or legend drug, as defined by § 53-10-101 on school grounds or at a school-sponsored event; and
(5) Subject to Section 49-6-3401(g)(5), threatens mass violence on school property or at a school-related activity pursuant to Section 39-16-517
(f) Each local board of education and charter school governing body may adopt a discipline policy that promotes positive behavior and includes evidence-based practices to respond effectively to misbehavior and minimize a student's time away from school.
(g) Each discipline policy or code of conduct must state that a teacher, principal, school employee, or school bus driver may use reasonable force in compliance with § 49-6-4107.
49-6-4004. Uniform and fair application of code of conduct.
The principal of each school shall apply the code of conduct uniformly and fairly to each student at the school without partiality or discrimination.
49-6-4005. Adoption of different but consistent discipline policies or codes of conduct applicable to different classes of schools.
Each local board of education or charter school governing body may choose to adopt different but consistent discipline policies or codes of conduct to apply to different classes of schools, such as elementary, middle, junior high, and senior high schools, under its jurisdiction. The policies and codes of conduct must be uniform to the extent of maximum consideration for the safety and well-being of students and employees.
49-6-4009. Student discipline code to include provision prohibiting indecent clothing.
(a) An LEA shall include in its student discipline code a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day, clothing that exposes underwear or body parts in an indecent manner that disrupts the learning environment.
(b) An LEA shall specify in its student discipline code the disciplinary actions that shall be taken against a student for a violation of subsection (a).
(c) Subsection (a) shall not be enforced in a manner that discriminates against a student on the basis of race, color, religion, sex, disability, or national origin.
49-6-4101. Short title.
This part shall be known and may be cited as the "School Discipline Act."
49-6-4102. Students accountable for conduct.
(a) Every school bus driver is authorized to hold every pupil strictly accountable for any disorderly conduct on any school bus going to or returning from school or a school activity.
49-6-4109. Trauma-informed discipline policy.
(a) As a strategy to address adverse childhood experiences, as defined in § 49-1-230, each LEA and public charter school shall adopt a trauma-informed discipline policy. Each trauma-informed discipline policy must:
(1) Balance accountability with an understanding of traumatic behavior;
(2) Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school;
(3) Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans;
(4) Create consistent rules and consequences; and
(5) Model respectful, nonviolent relationships.
(b) The department of education shall develop guidance on trauma-informed discipline practices that LEAs must use to develop the policy required under subsection (a).
49-6-4503. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by the school district.
(a) Each school district shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives.
49-6-4504. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by LEA.
(a) Each LEA shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying and transmit a copy of the policy to the commissioner of education by January 1, 2006.
(b) Each LEA is encouraged to review the policy prohibiting harassment, intimidation, bullying, or cyber-bullying at least once every three (3) years. Each LEA shall transmit a copy of any changes in the policy to the commissioner in a timely manner.
REGULATIONS
No relevant regulations found.