§ 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.

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.