(a) Each school shall maintain all records of isolation and restraint.
Terms Used In Tennessee Code 49-10-1306
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. See Tennessee Code 49-10-1303
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Restraint: means a chemical restraint, mechanical restraint, or physical holding restraint. See Tennessee Code 49-10-1303
School personnel: means an individual employed on a full-time or part-time basis by a public school. See Tennessee Code 49-10-1303
Special education: means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education. See Tennessee Code 49-10-102
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) 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:
(1) The number of incidents involving the use of isolation and restraint since the previous semiannual report;(2) The number of instances in which the school personnel imposing an isolation or restraint were not trained and certified;(3) Any injuries, deaths, or property damage that occurred;(4) The time at which the student’s parent or guardian was notified on the day the isolation or restraint was used; and(5) Demographic information to determine whether disproportionate use of these interventions exists.(c) The local education agency shall use the information obtained from records of isolation and restraint in developing its behavior intervention training program.(d) 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.(e) 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.(f) The state board of education, in consultation with the departments of education, mental health and substance abuse services, intellectual and developmental disabilities, and children’s services, shall promulgate rules and regulations concerning the use of isolation or restraint with students who receive special education services so that isolation or restraint is not used when such procedures are unsafe, unreasonable or unwarranted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
