49-6-4216 - School policies and procedures Contents Zero tolerance policy Notice to students and parents. - Tennessee Statutes

49-6-4216. School policies and procedures Contents Zero tolerance policy Notice to students and parents.

(a)  Each local and county board of education shall file annually with the commissioner of education written policies and procedures developed and adopted by the board:

     (1)  To ensure safe and secure learning environments free of drugs, drug paraphernalia, violence and dangerous weapons; and

     (2)  To impose swift, certain and severe disciplinary sanctions on any student:

          (A)  Who brings a drug, drug paraphernalia or a dangerous weapon onto a school bus, onto school property or to any school event or activity; or

          (B)  Who, while on a school bus, on school property or while attending any school event or activity:

                (i)  Is under the influence of a drug;

                (ii)  Possesses a drug, drug paraphernalia or dangerous weapon; or

                (iii)  Assaults or threatens to assault a teacher, student or other person.

(b)  (1)  It is the legislative intent that any rule or policy designated as a zero tolerance policy means that violations of that rule or policy will not be tolerated, and that violators will receive certain, swift and reasoned punishment. Reasoned punishment may include a spectrum of disciplinary measures designed to correct student misbehavior and promote student respect and compliance with codes of conduct and board policies. A zero tolerance violation shall not necessarily result in a presumptive one (1) calendar year expulsion except for those types of student misconduct set forth in § 49-6-3401(g). It is the legislative intent that the local school boards shall retain responsibility for development of disciplinary policies and student codes of conduct including assurances that students are afforded fair due process procedures. Nothing in this section shall be construed to prohibit assignment to an alternative school for those students under suspension or expulsion including students engaging in misconduct set forth in § 49-6-3401(g).

     (2)  Nothing in this section shall be construed to alter, diminish or supersede the director's authority to modify expulsion on a case-by-case basis under § 49-6-3401(g).

(c)  At the beginning of fall classes each school year, each local and county board of education shall provide students and their parents with written notification of the policies and procedures. Additionally, each school shall conspicuously post a summary of the policies and procedures within each school.

(d)  (1)  The state board of education shall develop a standard form for collection of statistical information relative to zero tolerance violations in local school systems. In developing the form, the state board of education shall consult the local school boards, the Tennessee school board association, the office of education accountability and the department of education.

     (2)  The form shall include, but shall not be limited to, grade level, age, gender, race, offense, disposition of each zero tolerance violation and any modification in penalty.

     (3)  The form shall be completed annually by the director of schools of each school system or the director's designee, and copies of the form shall be filed with the department of education and the state board of education by July 1 of each school year.

     (4)  The office of education accountability shall analyze the forms collected by the department of education and shall annually report the results specified in subdivision (d)(2) to the education oversight committee, the general assembly, the governor and the state board of education.

(e)  The department of education shall track all students expelled from their home school and report on their progress, and include such information in the report required to be filed under subdivision (d)(4).

[Acts 1996, ch. 888, § 1; 1998, ch. 871, § 1; 2000, ch. 634, § 1.]