(a)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 49-6-4103

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1)Any teacher or school principal may use corporal punishment in a reasonable manner against any pupil for good cause in order to maintain discipline and order within the public schools.
(2)

(A) Notwithstanding subsection (a)(1), prior to the administration of corporal punishment against a student, the student’s teacher or school principal must document in the student’s educational record that they have:

(i) Acted to address the student’s behavior;
(ii) Provided consequences to the student to address the behavior;
(iii) Consulted with the student’s parent or legal guardian about the student’s behavior; and
(iv) Considered the need to conduct an initial evaluation to determine whether the student has a disability in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), chapter 10 of this title, and the state board of education’s rules.
(B) If, as a result of an evaluation conducted pursuant to subdivision (a)(2)(A)(iv), a student is found to have a disability, then corporal punishment may only be administered against the student if authorized in accordance with subsection (b).
(b)

(1) Notwithstanding subsection (a), teachers, school principals, or other school personnel are prohibited from using corporal punishment against any student who has a disability, unless an LEA’s discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent’s child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school’s principal must keep the written permission on file at the school. The school’s principal must notify the parent any time corporal punishment is used. The school’s principal must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school’s principal that corporal punishment may no longer be used against the parent’s child who has a disability.
(2) As used in this subsection (b):

(A) “School personnel” includes all individuals employed on a full-time or part-time basis by a public school; and
(B) “Student who has a disability” means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act (29 U.S.C. § 701 et seq.).
(3) This subsection (b) does not authorize the use of corporal punishment by a person who is not permitted to administer corporal punishment under subsection (a).
  Previous section
Next section  
 Part 41 Contents