2023 Tennessee Code
Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703)
Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106)
Part 40 - STUDENT AND EMPLOYEE SAFE ENVIRONMENT ACT OF 1996 (§§ 49-6-NEW — 49-6-4009)
Section 49-6-4002 - Discipline policy - Code of conduct

• (a)
  • (1) 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.
  • (2) A local board of education or charter school governing body may implement, as part of the LEA's or public charter school's discipline policy, holistic programs of positive behavior reinforcement and reward-based behavior modification systems, such as The Ticket Program, that are age-appropriate, encourage parent participation, and encourage students to make good life choices for a better future by reinforcing positive student behavior with rewards and incentives that are tailored to each school's unique student population, and that work with schools, parents, and the community to reinforce positive student behavior at home, at school, and in all aspects of community life. A local board of education or charter school governing body that implements a holistic program of positive behavior reinforcement or a reward-based behavior modification system, such as The Ticket Program, shall ensure that the program complies with state law.

• (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.
  • (5) Subject to § 49-6-3401(g)(5), threatens mass violence on school property or at a school-related activity pursuant to § 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.

• (h) A discipline policy or code of conduct adopted by a local board of education or charter school governing body may authorize a teacher to withhold a student's phone from the student for the duration of the instructional time if the student's phone is a distraction to the class or student.

Amended by 2024 Tenn. Acts, ch. 882,s 3, eff. 5/1/2024.

Amended by 2022 Tenn. Acts, ch. 934, s 1, eff. 4/29/2022.

Amended by 2022 Tenn. Acts, ch. 707, s 1, eff. 3/18/2022.

Amended by 2021 Tenn. Acts, ch. 77, s 6, eff. 1/1/2022.

Amended by 2019 Tenn. Acts, ch. 248, s 76, eff. 5/2/2019.

Amended by 2018 Tenn. Acts, ch. 958, s 5, eff. 7/1/2018.

Acts 1996, ch. 988, § 3; T.C.A., § 49-6-4012.