2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 28 - TEACHER'S DISCIPLINE ACT (§§ 49-6-2801 — 49-6-2804) › Section 49-6-2804 - Written request for removal of student for disruptive behavior - Notice - Decision regarding student's placement - Action taken in response to request for removal

(a)
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 under §
49-6-2803
to address the student's disruptive behavior.
(b)
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 and, if the student denies engaging in the conduct, then the principal or the principal's designee must explain what caused the teacher to submit a request to the principal or the principal's designee to remove the student from the teacher's classroom, 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 principal's designee's, perspective of the incident, then the principal or the principal's designee must render a decision regarding the student's placement.
(c)
Principals and their designees shall respect the professional judgment of a teacher requesting to remove a student from the teacher's classroom under subsection (a) and shall take an action consistent with the student discipline policy or code of conduct adopted pursuant to §
49-6-4002
in response to the request, which may include:
(1)
Assigning the student to another appropriate classroom for a specified period of time, or for the remainder of the student's assignment to the class from which the student was removed under subsection (a);
(2)
Assigning the student to in-school suspension for a specified period of time, in compliance with §
49-6-3401
;
(3)
Remanding the student to an alternative school or to an alternative education program for a specified period of time, in compliance with §§
49-6-3401
and
49-6-3402
;
(4)
Suspending the student pursuant to §
49-6-3401
;
(5)
Requiring the parents or guardians of a student who is removed from a teacher's classroom and assigned to another appropriate classroom under subdivision (c)(1) to participate in conferences before the student is permitted to return to the classroom from which the student was removed; or
(6)
Denying the teacher's request to remove a student from the teacher's classroom and offering appropriate supports for the teacher to address the student's disruptive behavior.
(d)
Any action taken in response to a teacher's request to remove a student from the teacher's classroom must comply with all applicable policies of the local board of education or the public charter school governing body, as applicable, the Individuals with Disabilities Education Act (
20 U.S.C. § 1400
et seq.), Section 504 of the Rehabilitation Act (
29 U.S.C. § 794
), the constitutions of the United States and Tennessee, and all applicable federal and state civil rights laws.
(e)
Principals or their designees must notify law enforcement, as appropriate, when implementing this section, and in compliance with §§
49-6-4209
and
49-6-4301
.
(f)
(1)
A local board of education or public charter school governing body shall establish an appeal process for a teacher to file an appeal when the teacher's request to remove a student from the teacher's classroom is denied pursuant to subdivision (c)(6). An appeal process established under this subdivision (f)(1) must authorize a teacher to file an appeal with the director of schools, or the director's designee, when the teacher's request to remove a student from the teacher's classroom is denied pursuant to subdivision (c)(6).
(2)
A teacher shall not be terminated, demoted, harassed, or otherwise retaliated against for filing a request for a student to be removed from the teacher's classroom, or for appealing a decision to deny the teacher's request to remove a student pursuant to this subsection (f).
(g)
If a teacher abuses or overuses the student removal process provided in this section, then the principal or the principal's designee must address the abuse or overuse with the teacher in compliance with the local board's or public charter school governing body's policy, as applicable, and may require the teacher to complete additional professional development to improve the teacher's classroom management skills.
(h)
To assist local boards of education and public charter school governing bodies in determining the effectiveness of student discipline policies and classroom supports provided to teachers to help address student behavior, each school shall annually report to the director of schools or to the head of the public charter school, as applicable, by July 1, 2022, and by each July 1 thereafter, the number of requests submitted by the school's teachers during the immediately preceding school year to remove a student from the teacher's classroom pursuant to subsection (a). The report must document the actions taken by the teacher's principal, or the principal's designee, in response to each request for a student's removal. Each director of schools must compile the data provided in each school's report and issue a district-wide report to the local board of education by August 1 immediately following the July 1 deadline for school reports.
(i)
The commissioner of education may review the school and district-wide reports required under subsection (h) and provide training and other resources to schools and LEAs to address any needs identified through the commissioner's review.
(j)
On or before February 1, 2023, and on or before February 1 of each year thereafter, the commissioner shall report to the governor and the general assembly on the implementation of, and compliance with, this part.
Acts 2021, ch. 77, § 2.