2017 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 13 - Special Education Behavioral Supports Act
§ 49-10-1305. Restrictions on administration of, or use of, isolation or restraint.
- (a) Administering a chemical restraint to a student receiving special education services, as defined by § 49-10-102, is prohibited; provided, that nothing in this subsection (a) shall prohibit the administration of a chemical restraint when administered for therapeutic purposes under the direction of a physician and with the child's parent or guardian's consent to administer such chemical restraint.
- (b) Administering a noxious substance to a student receiving special education services, as defined by § 49-10-102, is prohibited.
- (c) The use of any mechanical restraint on any student receiving special education services, as defined by § 49-10-102, is prohibited.
- (d) Any form of life threatening restraint, including restraint that restricts the flow of air into a person's lungs, whether by chest compression or any other means, to a student receiving special education services, as defined by § 49-10-102, is prohibited.
- (1) The use of isolation or physical holding restraint as a means of coercion, punishment, convenience or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
- (2) Removing or disabling any equipment or device that a student requires, including, but not limited to, a power wheelchair, brace, augmentative communication device, or walker, as a means of coercion, punishment, convenience, or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
- (3) (A) The use of physical holding restraint in the following circumstances is not prohibited:
- (i) The brief holding by an adult in order to calm or comfort;
- (ii) The minimum contact necessary to physically escort a student from one area to another;
- (iii) Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or
- (iv) Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student's immediate safety.
- (B) The school is not required to notify the student's parent or guardian pursuant to § 49-10-1304 in any of the circumstances listed in subdivision (e)(3)(A).
- (f) The use of a locked door, or any physical structure, mechanism, or device that substantially accomplishes the function of locking a student in a room, structure, or area, is prohibited.
- (g) Any space used as an isolation room shall be:
- (1) Unlocked and incapable of being locked;
- (2) Free of any condition that could be a danger to the student;
- (3) Well ventilated and temperature controlled;
- (4) Sufficiently lighted for the comfort and well-being of the student;
- (5) Where school personnel are in continuous direct visual contact with the student at all times;
- (6) At least forty square feet (40 sq. ft.); and
- (7) In compliance with all applicable state and local fire, health, and safety codes.
- (h) Notwithstanding this section, actions undertaken by school personnel to break up a fight or to take a weapon from a student are not prohibited; however, these acts shall be reported.
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