Restraint and Seclusion Laws in Tennessee
What are the restraint and seclusion rules in Tennessee?
Tennessee's restraint and seclusion requirements for special education students are governed by two overlapping legal frameworks: Tenn. Comp. R. & Regs. 0520-01-09-.23 (Isolation and Restraint for Students Receiving Special Education Services) and Tenn. Code Ann. §§ 49-10-1301 et seq. Under rule 0520-01-09-.23, isolation ('seclusion' in federal parlance) is permitted in Tennessee schools with specific safeguards. Isolation and restraint may only be used when justified and must be followed by immediate contact with the principal. Parents must be notified orally or by written/printed communication the same day the isolation or restraint was used. An IEP team meeting must be convened within 10 days when restraint or isolation is used and the student's IEP does not provide for it, or when an 'extended restraint' (lasting more than 5 minutes) or 'extended isolation' (lasting more than 1 minute per year of the student's age) is used. All incidents must be documented and reported to the school principal and to the Department within 5 calendar days using a prescribed form.
What Tennessee Requires
If school personnel impose isolation or restraint, they must immediately contact the school principal or designee, who must observe and evaluate the student's condition within a reasonable time (Tenn. Comp. R. & Regs. 0520-01-09-.23(5)).
The principal or designee must notify the student's parent or guardian orally or by written/printed communication the same day the isolation or restraint was used (Tenn. Comp. R. & Regs. 0520-01-09-.23(5)).
An IEP team meeting must be convened within ten (10) days of use of restraint if: the student's IEP does not provide for use of physical holding restraint generally; the IEP does not provide for restraint for the precipitating behavior; or an Extended Restraint (lasting more than 5 minutes) is used (Tenn. Comp. R. & Regs. 0520-01-09-.23(7)).
An IEP team meeting must be convened within ten (10) days of use of isolation if: the IEP does not provide for isolation generally; the IEP does not provide for isolation for the precipitating behavior; or an Extended Isolation is used (Tenn. Comp. R. & Regs. 0520-01-09-.23(8)).
Each incident of isolation or restraint must be reported in writing to the school principal using a standardized form, and a copy must be submitted to the Department within five (5) calendar days (Tenn. Comp. R. & Regs. 0520-01-09-.23(10)(b)).
Administering a noxious substance (including Mace or other defense sprays) to a student receiving special education services is prohibited (Tenn. Comp. R. & Regs. 0520-01-09-.23(1)(c); Tenn. Code Ann. § 49-10-1305).
LEAs must develop policies and procedures governing personnel authorized to use isolation and restraint, training requirements, and incident reporting (Tenn. Comp. R. & Regs. 0520-01-09-.23(4)).
Key Timelines
Parent notification: same day the isolation or restraint was used — orally or by written/printed communication (Tenn. Comp. R. & Regs. 0520-01-09-.23(5)).
Written incident report: submitted to principal per incident; copy to Department within five (5) calendar days (Tenn. Comp. R. & Regs. 0520-01-09-.23(10)(b)).
IEP team meeting triggered by unplanned or extended restraint/isolation: within ten (10) days (Tenn. Comp. R. & Regs. 0520-01-09-.23(7)-(8)).