2018 Tennessee Code
Title 49 - Education
Chapter 10 - Special Education
Part 13 - Special Education Behavioral Supports Act
§ 49-10-1303. Part definitions.

Universal Citation: TN Code § 49-10-1303 (2018)
  • For the purposes of this part, unless the context otherwise requires:
  • (1) "Behavior intervention training program" means a training program in positive behavioral supports, crisis intervention and the safe use of restraint and isolation;

  • (2) "Chemical restraint" means a medication that is prescribed to restrict a student's freedom of movement for the control of extreme violent physical behavior. Chemical restraints are medications used in addition to, or in replacement of, a student's regular drug regimen to control extreme violent physical behavior. The medications that comprise the student's regular medical regimen, including PRN medications, are not considered chemical restraints, even if their purpose is to treat ongoing behavioral symptoms;

  • (3) "Emergency situation" means that a child's behavior poses a threat to the physical safety of the student or others nearby;

  • (4) "Isolation" or "seclusion":

    • (A) Means the confinement of a student alone in a room with or without a door, or other enclosed area or structure pursuant to § 49-10-1305(g) where the student is physically prevented from leaving; and

    • (B) Does not include time-out, a behavior management procedure in which the opportunity for positive reinforcement is withheld, contingent upon the demonstration of undesired behavior; provided, that time-out may involve the voluntary separation of an individual student from others;

  • (5) "Isolation room" means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student;

  • (6) "Mechanical restraint" means the application of a mechanical device, material or equipment attached or adjacent to the student's body, including ambulatory restraints, which the student cannot easily remove and that restrict freedom of movement or normal access to the student's body. Mechanical restraint does not include the use of restraints for medical immobilization, adaptive support, or medical protection;

  • (7) "Noxious substance" means the use of any defense spray or substance as defined by departmental rule;

  • (8) "Physical holding restraint" means the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body;

  • (9) "Positive behavioral supports" means a systematic approach using evidence-based practices to improve school environments, and to prevent and respond to problem behavior that:

    • (A) Is proactive and instructional, rather than reactive and punitive;

    • (B) Operates on the following three (3) levels:

      • (i) Individual;

      • (ii) Group or classroom; and

      • (iii) The whole school;

    • (C) Includes a system of continual data collection;

    • (D) Utilizes data-based decision-making;

    • (E) Applies research-validated positive behavioral interventions; and

    • (F) Improves academic and social outcomes for all students, including those with the most complex and intensive behavioral needs; and

  • (10) "School personnel" means an individual employed on a full-time or part-time basis by a public school.

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