2023 Tennessee Code
Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703)
Chapter 10 - SPECIAL EDUCATION (§§ 49-10-101 — 49-10-1406)
Part 13 - SPECIAL EDUCATION BEHAVIORAL SUPPORTS ACT (§§ 49-10-1301 — 49-10-1307)
Section 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 student'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.

• (e)
  • (1) The use of isolation or 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) [Deleted by 2021 amendment.]

• (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 enclosed area or structure 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.

Amended by 2021 Tenn. Acts, ch. 134, Secs.s21, s22, s23 eff. 7/1/2021.

Amended by 2021 Tenn. Acts, ch. 134, s 20, eff. 7/1/2021.

Acts 2008 , ch. 1063, § 5; 2011 , ch. 457, §§ 9 - 11.