During the pandemic, issues with student discipline rose drastically. Legislators nationwide have responded to this emergent issue by developing new laws that empower teachers with more control over their respective classroom environment. Despite legislative intent, however, it remains crucial for state and local governments alike to be mindful of Tennessee’s legislative answer that has a significant impact on educators as school boards attempt to navigate towards normality: the Teacher’s Discipline Act (the “Act”). Outlined in Tenn. Code Ann. (“T.C.A.”) §§ 49-6-2801 – 2804, the Act delineates the responsibilities and guidelines that teachers must adhere to when addressing student discipline as a measure of giving individual, trained educators more control over their classroom environment.
The Act took effect on January 1, 2022, and it remains a potentially litigious policy area if misapplied or interpreted as overly broad in its structure. Namely, T.C.A. § 49-6-2801 requires local boards of education and other governing bodies to include provisions within the disciplinary policy to empower teachers and administrators to hold students accountable for disorderly conduct, reconfiguring the structure of disciplinary authority beginning in the classroom itself. The Act authorizes teachers to “manage their classroom, discipline students, refer students to the principal’s office, and hold students accountable for disorderly conduct.” [1] Moreover, the legislation takes into account the unique needs of students with disabilities, aligning with the Individuals with Disabilities Education Act (IDEA). It explicitly states that no student should face disciplinary action solely based on their disability, demonstrating a commitment to inclusivity and adherence to federal mandates.
Contrasting the previous statutory framework, which left the handling of student discipline to the discretion of local school boards, the new law requires that the local school board adopt a policy that includes the state-mandated six-step process. This process, applicable statewide, guides local school boards in effectively dealing with disruptive students. The steps include addressing the behavior, imposing consequences, engaging in a conference with the parent or guardian, providing support services, developing and executing a behavior improvement plan, and, ultimately, issuing a disciplinary referral.
A significant aspect of the legislative update is the mandate for teachers to undergo training in “evidence-based behavior” before qualifying to handle disruptive student situations. This requirement ensures that teachers become well-versed in the prescribed protocol, fostering a more standardized and effective approach across the board. Moreover, this training offers an added benefit by instilling confidence in teachers when managing their classrooms, particularly in situations where the proper course of action may be uncertain. By equipping teachers with this training, the legislation not only enhances their proficiency in addressing disruptive behavior but also empowers them to navigate challenging scenarios with assurance and competence.
Whether the Act has translated into a practical increase in student productivity or behavioral improvement has yet to be seen. What continues to be of concern is the opportunity afforded to potential litigants should this training or the practices it espouses be carried out improperly. Being mindful of the applicable provisions of the Act related to educators’ powers of referral or removal of students ensures that any response is applied equally to all students while also being mindful of all parties’ rights.
[1] TN Department of Education Memorandum; October 10, 2022; https://www.tn.gov/content/dam/tn/education/legal/Teacher_Discipline_Act_Memo.pdf
