§ 49-10-1303 — Part definitions

For the purposes of this part, unless the context otherwise requires: (1) "Behavior intervention training program" means a training program in evidence-based positive behavioral supports, evidence-based crisis intervention, and evidence-based techniques for the safe use of isolation and restraint; (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 student'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, with no other students, staff, or persons present, 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 because a door, object, or school personnel is blocking the student's exit; 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 a student receiving special education services 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: (A) The use of restraints for medical immobilization, adaptive support, or medical protection; or (B) The use of a seat belt or other device, including, but not limited to, a belting system or harness, to secure a child with a disability during transit on a bus or vehicle operated by an LEA or a provider contracted to serve the LEA's transportation needs; (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, except for: (A) The holding of a student by an adult in order to calm or comfort the student in the absence of an emergency; (B) Contact necessary to physically escort a student from one area to another in the absence of an emergency; (C) Assisting a student in completing a task or response if the student does not resist or if the resistance is of minimal intensity or duration; (D) Physically redirecting a student if the student does not resist or if the resistance is of minimal intensity or duration; or (E) School personnel blocking a student's exit or elopement by physically placing themselves in front of the student; (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; (10) "Restraint" means a chemical restraint, mechanical restraint, or physical holding restraint; and (11) "School personnel" means an individual employed on a full-time or part-time basis by a public school.

Legislative History

Amended by 2021 Tenn. Acts, ch. 134, Secs.s3, s4, s5, s6, s7, s8 eff. 7/1/2021. Acts 2008 , ch. 1063, § 3; 2011 , ch. 457, §§ 2, 4.