Tennessee

“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

“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;

“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;

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 a student receiving special education services from others;

“Isolation” or “seclusion”: 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 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;

Under Tennessee Code § 49-6-4103, state law broadly defines corporal punishment as the "reasonable" use of physical force by teachers or principals against a student for "good cause in order to maintain discipline and order".

“Isolation room” means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student; Any space used as an isolation room shall be: Unlocked and incapable of being locked; Free of any condition that could be a danger to the student; Well-ventilated and temperature controlled; Sufficiently lighted for the comfort and well-being of the student; Where school personnel are in continuous direct visual contact with the student at all times; At least forty square feet (40 sq. ft.); and In compliance with all applicable state and local fire, health, and safety codes.

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. 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. 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. The use of physical holding restraint in the following circumstances is not prohibited: The brief holding by an adult in order to calm or comfort; The minimum contact necessary to physically escort a student from one area to another; Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student's immediate safety.

The use of any mechanical restraint on any student receiving special education services, as defined by § 49-10-102, is prohibited.

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.

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. 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. The use of physical holding restraint in the following circumstances is not prohibited: The brief holding by an adult in order to calm or comfort; The minimum contact necessary to physically escort a student from one area to another; Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student's immediate safety. 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.

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.

Isolation 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 a student receiving special education services from others;

Yes

The school principal, or the school principal's designee, shall notify the student's parent or guardian orally or by written or printed communication on the same day the isolation or restraint was used. The school principal, or the school principal's designee, shall be held harmless for failing to notify a student's parent or guardian in compliance with this subsection (d) if the school principal, or the school principal's designee, made a reasonable effort to notify the student's parent or guardian.

School personnel who must isolate or restrain a student receiving special education services, as defined by § 49-10-102, shall report the incident to the school principal or the principal's designee. The LEA shall create a record of the use of the isolation or restraint and the facts surrounding such use. The state board of education shall promulgate rules that mandate a standard reporting format to be used by LEAs. Each school shall maintain all records of isolation and restraint. On a semiannual basis, using existing student-level data collection systems to the extent feasible, each school shall submit a report to the local education agency that includes: The number of incidents involving the use of isolation and restraint since the previous semiannual report; The number of instances in which the school personnel imposing physical restraint or isolation were not trained and certified; Any injuries, deaths, or property damage that occurred; The timeliness of parental notification; and Demographic information to determine whether disproportionate use of these interventions exists.

Under Tennessee law (Tennessee Code § 49-10-1304), school staff who use physical restraint or isolation (seclusion) on a student receiving special education services must immediately report the event to the school principal or designee. The school creates a formal record using a standard state reporting format and submits data to the Tennessee Department of Education (TDOE). A copy of the report must be submitted to the Department of Education within 5 calendar days of the incident. On a semiannual basis, using existing student-level data collection systems to the extent feasible, each school shall submit a report to the local education agency that includes:

The local education agency shall submit information to the department of education each year on the use of isolation and restraint in the school district. Annually, this information shall be reported to the state advisory council for the education of students with disabilities established pursuant to § 49-10-105. This information must also be made readily available to the public. The council shall use this information to report annually to the state board of education with recommendations to reduce the use of isolation and restraint in public education programs. The state board of education shall use these recommendations as well as data, documentation and reports to establish policy or strategies or both to reduce or eliminate the use of isolation and restraint in schools.

The local education agency shall submit information to the department of education each year on the use of isolation and restraint in the school district.

https://www.tn.gov/education/families/student-support/special-education/special-education-data-services-reports.html

Public Schools and Private schools that contract with LEA

To the extent possible within the local education agency's funds, the local board of education should address § 49-6-3004(c)(1) by incorporating the following components into its behavior intervention training program: (1) Training in evidence-based techniques shown to be effective in the prevention of isolation and physical holding restraints; (2) Training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing a physical holding restraint or isolation; (3) Evidence-based skills training on positive behavioral interventions and supports, conflict prevention, functional behavior assessments, deescalation, and conflict management; (4) Information describing state statutes, policies, rules, and procedures on isolation and restraint; (5) Training in the identification and reporting of abuse and neglect in the school setting; and (6) Certification for school personnel who have completed a behavior intervention training program which should be renewed on an annual basis.