Tennessee § 49-6-4103 - Corporal punishment.

§ 49-6-4103. Corporal punishment.

Any teacher or school principal may use corporal punishment in a reasonable manner against any pupil for good cause in order to maintain discipline and order within the public schools. Notwithstanding subsection (a), teachers, school principals, or other school personnel are prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's principal must keep the written permission on file at the school. The school's principal must notify the parent any time corporal punishment is used. The school's principal must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's principal that corporal punishment may no longer be used against the parent's child who has a disability. As used in this subsection (b): “School personnel” includes all individuals employed on a full-time or part-time basis by a public school; and “Student who has a disability” means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act (29 U.S.C. § 701 et seq.). This subsection (b) does not authorize the use of corporal punishment by a person who is not permitted to administer corporal punishment under subsection (a). Acts 1979, ch. 131, § 1; T.C.A., §§ 49-903, 49-9-103; Acts 2018, ch. 900, § 1. Cross-References. Penal and reform schools, corporal punishment, § 49-6-4402 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.121. Law Reviews. Torts — Pinner v. Lanier: Corporal Punishment and the Discretionary Function Immunity under the Tennessee Governmental Tort Liability Act, 22 Mem. St. U.L. Rev. 597 (1992).