Teacher's Discipline Act Information

BACKGROUND

Taking effect on January 1, 2022, Tennessee SB230/HB16, otherwise known as the "Teacher's Discipline Act," established requirements and procedures for teachers to discipline students
in the teachers' classrooms, including relocation of a student.
 
The bill states that a teacher trained in evidence-based behavior supports is authorized to manage their classroom, discipline students, and refer a student to the principal or the principal’s designee in order to maintain discipline in the classroom and to hold students accountable for disorderly conduct.  This bill replaces present law concerning disciplinary referrals to specifically authorize teachers to discipline students by referring student behavior matters to their school's principal or the principal's designee. This bill requires principals or their designees to respond to a teacher's disciplinary referral of a student by employing appropriate discipline management techniques that are consistent with the LEA's or school's policy. As is the case under present law, the teacher must be notified of the action taken. Any record of a student discipline referral will continue to be kept in a student's discipline file and not become part of the student's permanent record. (Tennessee Organization of School Superintendents 2021 Legislative Summary)

PROCESS

A teacher may submit a written request to the principal, or the principal's designee, to remove a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the class or with the ability of the student's classmates to learn, if the student's behavior is in violation of the LEA's or school's student discipline policy or code of conduct.
 
The written request must include documentation that the teacher has previously:
  1. Taken action to address the student's disruptive behavior;
  2. Provided consequences for the student's disruptive behavior;
  3. Conducted an oral conference either by a documented telephone conversation or an in-person discussion with the student's parent or guardian regarding the student's
    disruptive behavior;
  4. Provided an opportunity for school counseling or other support services deemed
    appropriate to address the student's disruptive behavior;
  5. Developed and implemented a plan to improve the student's behavior in a
    conference with the student; and
  6. Issued a disciplinary referral to address the student's disruptive behavior.
The principal or the principal's designee must give the student oral or written notice of the grounds for the teacher's request to remove the student from the teacher's classroom. If the student denies engaging in the conduct, the principal or the principal's designee must explain what caused the teacher to submit a request and give the student an opportunity to explain the situation. If the student's account is deemed to be valid, albeit different from the teacher's account, and changes the principal's or the designee's perspective of the incident, then they must make a decision regarding the student's placement.
 
To submit a written request to your principal to remove a student who repeatedly or substantially interferes with your ability to communicate effectively with your class or with the ability of the student's classmates to learn, if the student's behavior is in violation of the LEA's or school's student discipline policy or code of conduct, click the "Form to Request Removal" button below.
A local board of education or public charter school governing body shall establish a process for a teacher to file an appeal when the teacher's request to remove a student from their classroom is denied. A teacher shall not be terminated, demoted, harassed, or otherwise retaliated against for filing a request for a student to be removed from their classroom, or for appealing a decision to deny their request to remove a student.