Bills give teachers right of force

Measures remove liability dealing with unruly students

NASHVILLE — State lawmakers are considering giving teachers and other school personnel more authority — including reasonable force — with less fear of liability for students who are posing a safety threat to themselves or others.

The bill won unanimous approval in the state Senate and is set for review in the House Education Committee on Tuesday. It requires local school boards to adopt policies authorizing teachers and others to temporarily re- locate a student with “reasonable or justifiable force,” if required, or for the students to remain in place until law enforcement or school resource officers arrive.

Senate Bill 3116, sponsored by Sen. Dolores Gresham, R-somerville, also requires principals to fully support teachers in taking action when it is done according to the policy. Gresham said she filed the bill after hearing from teachers concerned about liability or a lawsuit if they try to remove a student during an altercation.

“Teachers should not have to fear they will be found personally liable for standing in a doorway to stop a physical altercation between two students. They should have full authority to remove a student to another location even if it involves the use of force,” Gresham said.

“This bill would apply to acts committed on school property, as well as those at official school functions, including sporting events and approved field trips. In addition to teachers, it would apply to administrators, school support staff, bus drivers, cafeteria workers, school resource officers, and others working in the school who interact with students.”

The bill requires school personnel to do a brief report with the principal detailing the situation that required the relocation of the student. If the student’s behavior violated the school’s “zero tolerance” policy, the report would become part of the student’s permanent record, and he or she would be subject to additional disciplinary action that may include suspension or expulsion from the school.

The bill does not apply to special-needs students.

“We must give our teachers the tools to maintain order and provide for the safety of their students, themselves and others,” Gresham said.

The bill is supported by the Tennessee School Board Association and the Tennessee Education Association.

“Student discipline and school safety are

two major concerns for teachers today,” TEA government relations director Jerry Winters said. “Teachers and school administrators have enough to worry about without having to be concerned that they are going to be called on the carpet for breaking up an altercation between students.

“It is not fair to the vast majority of students who play by the rules to let a small number of students who might resort to physical violence disrupt their education. This bill helps to send a strong message that teachers and administrators have every legal right to maintain order in our schools.”

Contact Nashville Bureau chief Richard Locker at (615) 255-4923.