Tennessee § 49-10-1305 Restrictions on administration of, or use of, isolation or restraint

Tennessee Statutes

§ 49-10-1305 — Restrictions on administration of, or use of, isolation or restraint

Tennessee § 49-10-1305

Title49

This text of Tennessee § 49-10-1305 (Restrictions on administration of, or use of, isolation or restraint) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 49-10-1305 (2026).

Text

(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

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(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.

Legislative History

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.