The behavior code addresses the language used by students, respect for all school employees, fighting, threats, bullying, harassment, weapons on school property or at school functions, damage to the property of person or others, misuse or destruction of school property, drug or alcohol abuse, the sale or distribution of drugs or alcohol, student conduct on school property, conduct in classes, and conduct on school buses. A teacher, principal, school employee or school bus driver may use reasonable force in in compliance with Tennessee law to enforce discipline and protect students.^1,2

In accordance with state law,1 a teacher, principal, or school employee may use a “physical holding restraint” defined as the use of body contact to restrict a student’s freedom of movement or normal access to the student’s body, only in the following circumstances: holding of a student in order to calm or comfort in the absence of an emergency; the minimum contact necessary to physically escort a student from one area to another in the absence of an emergency; assisting a student in completing a task or response if the student does not resist or if the resistance is of minimal intensity or duration; or blocking a student’s exit or elopement through the physical placement of school personnel in front of the student. 

When students are disruptive or act inappropriately, school staff and principals are expected to respond logically, appropriately, and consistently to provide a safe orderly school environment for all students. The Knox County Schools Discipline Guidelines describe five levels of behavior, increasing in seriousness from a Level 1 Behavior to a Level 5 Behavior (see chart below). The KCS Student Support Guidelines will be utilized in addressing discipline consequences. The use of Restorative Practices shall be used to the greatest extent practicable in schools where the training has been completed.

The KCS Discipline Guidelines also include levels of possible responses to inappropriate behavior (Response A through E). Each behavior is assigned to one or more of these levels of response. Principals and school staff should use the levels suggested for each behavior. If a behavior is assigned to two or more levels of response, the lowest level of intervention should generally be used first. Behaviors are defined in the KCS Behavior Definitions Table attached to this policy.

When choosing a higher-level response within the range of possible responses, an administrator should consider:

• the student’s age, health, disability, decision-making ability and prior discipline history;
• the student’s willingness to repair the harm;
• the seriousness of the act;
• the potential to cause harm or the harm caused, including any injuries caused;
• the extent of actual disruption to the learning environment; and
• whether the act was intentional, knowing, or reckless.

The administration will document in the discipline referral the reasons for using the selected response. In each case, KCS administrators and staff will apply consequences to minimize the amount of instructional time lost and provide a safe and orderly learning environment. It is the duty of school principals to administer and implement the school behavior and discipline code.³ Principals and school faculty shall use these guidelines for responses to behavior. Responses and interventions are at the discretion of the school principals. Suspension is required if the behavior is a Level 5, Zero Tolerance Offense.

Administrators may consider an extended suspension (suspension over 45 days) when a student’s behavior or culmination of behaviors pose an on-going safety concern to the school, staff, and/or students. Administrators must notify a KCS Regional Director prior to an extended suspension assignment.

Intervention Response Guidelines

When choosing a higher-level response within the range of possible responses, an administrator should consider the student’s age, health, disability, decision-making ability, prior discipline history, willingness to repair the harm, serious of the act, potential to cause harm or the harm caused, the extent of actual disruption to the learning environment, and whether the act was intentional.

Intervention Response A

• Student tells his/her side of the story and the parent/legal guardian is notified.
• Teacher or designated staff has a restorative conversation with the student.
• Teacher or designated staff determines whether to involve additional school support staff.
• One or more classroom management strategies or intervention supports are initiated. Student’s individual needs and abilities should be considered when choosing interventions.

Intervention Response B

• Student tells his/her side of the story and has the opportunity to write a statement.
• Administrator communicates with parent/legal guardian and determines whether to involve additional school staff.
• Documentation of prior interventions is reviewed with the parent/legal guardian.
• One or more additional interventions are initiated or revised as appropriate. New interventions should be considered if previous interventions have been unsuccessful.
• If necessary, administrators may assign an alternate learning location within the school for up to two (2) days.
• If response has been escalated as a result of a repeated pattern of Level 1 Behaviors, administrators could refer a student to the Whole Child Support Team as an intervention in Response B. 

Intervention Response C

• Student tells his/her side of the story and has the opportunity to write a statement.
• Administrator communicates with parent/legal guardian and determines whether to involve additional school staff.
• Documentation of prior interventions is reviewed with the parent/legal guardian.
• One or more additional interventions are initiated or revised as appropriate. New interventions should be considered if previous interventions have been unsuccessful.
• If necessary, administrators may assign an alternate learning location within the school for up to three (3) days OR one (1) to four (4) days of out of school suspension.
• A restorative conference should be considered upon re-entry depending on the nature and level of harm caused by the behavior.
• If response has been escalated as a result of a repeated pattern of Level 2 Behaviors, administrators could refer a student to the Whole Child Support Team as an intervention in Response C.

Intervention Response D

• Student tells his/her side of the story and has the opportunity to write a statement.
• Administrator communicates with parent/legal guardian and determines whether to involve additional school staff.
• Documentation of prior interventions is reviewed with the parent/legal guardian.
• One or more additional interventions are initiated or revised as appropriate. New interventions should be considered if previous interventions have been unsuccessful.
• If necessary, administrators may assign five (5) to ten (10) days of out of school suspension.
• A restorative conference is required upon re-entry to school.
• Any out of school suspension over four (4) days requires a disciplinary hearing. 

Intervention Response E

• Student tells his/her side of the story and has the opportunity to write a statement.
• Administrator communicates with parent/legal guardian and determines whether to involve additional school staff.
• Documentation of prior interventions is reviewed with the parent/legal guardian.
• One or more additional interventions are initiated or revised as appropriate. New interventions should be considered if previous interventions have been unsuccessful.
• If necessary, administrators may assign eleven (11) to forty-five (45) days of out of school suspension.
• A restorative conference is required upon re-entry to school.
• Any out of school suspension over four (4) days requires a disciplinary hearing.

NOTE:

• All interventions are to be  documented.
• All out of school suspensions over five (5) days must be referred to School Support Teams prior to a disciplinary hearing.
• Students with patterns of suspension could be referred to the School Support Teams as well.

ADDITIONAL GUIDELINES

1. A student shall not be suspended solely because charges are pending against him/her in juvenile or other court;
2. A student may be suspended for off campus criminal behavior that results in a student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student’s continued presence in school poses a danger to persons or property or disrupts the education process;⁴
3. A principal shall not impose successive short term suspensions that cumulatively exceed ten (10) days for the same offense;
4. A teacher or other school official shall not reduce or authorize the reduction of a student’s grade solely on the basis of discipline problems except in deportment or citizenship;^4,5
5. A student shall not be denied the passing of a course or grade promotion solely on the basis of absences except as provided by Board policy;
6. A student shall not be denied the passing of a course or grade promotion solely on the basis of failure to:
   1. pay any activity fee;
   2. pay a library or other school fine;
   3. make restitution for lost or damaged school property
7. Any student who is expelled may request modification pursuant to J-191 from the Director of Schools.⁴
8. If a student is determined, via a fair and thorough investigation made by the principal or the principal’s appointed representative, to have acted in self-defense under a reasonable belief that the student, or another to whom the student was coming to the defense of, may have been facing the threat of imminent danger of death or serious bodily injury, which the student honestly believed to be real at that time, then, at the principal’s recommendation, the student may not face any disciplinary action.⁴
9. A student who commits an assault, as defined in T.C.A. § 39-13-101, against an employee of Knox County Schools in the school where the student is enrolled, shall, in addition to the discipline assigned herein, be suspended from attendance at all school-sponsored events for no less than one (1) calendar year, unless modified by the Director of Schools.⁴

Legal References:

1. T.C.A. § 49-10-1303 through § 49-10-1305.
2. T.C.A. § 49-6-4107.
3. T.C.A. § 49-6-4106.
4. T.C.A. § 49-6-3401.
5. T.C.A. § 49-6-3402.

KCS Behavior Definitions Table is attached and included in this policy.

Approved as to Legal Form
By Knox County Law Director 1/3/2024
/Gary T. Dupler/Deputy Law Director