A 14-year-old at a middle school in Knoxville is told she is suspended for the rest of the semester after a fight in the hallway. Her mother gets a letter. The most important line in that letter is the one about the appeal, because in Tennessee the clock to ask for a hearing is only a few days long.
Who has to be in school, and the federal baseline
Tennessee law requires parents to send children to a public or nonpublic school from age 6 through age 17. Nonpublic includes home schools, private schools, and church-related schools.
There is a Tennessee twist for drivers. If a student 15 or older withdraws from school, the school notifies the Department of Safety, and the student's license can be suspended in 30 days. That can last until the student returns to school or turns 18.
Every public school discipline case also sits on top of Goss v. Lopez (1975). The Supreme Court held that before even a short suspension, a student must get notice of the charges and, if the student denies them, an explanation of the evidence and a chance to tell their side.
Long suspensions: five days to appeal, ten days to a hearing
Tennessee treats suspensions of more than 10 days differently from short ones. The student and parents must be told in writing, and the student is usually sent to an alternative school, meaning a separate school program run by the district, for the length of the suspension.
The family, or the student, can appeal to a disciplinary hearing authority (a small panel the school board appoints to hear discipline appeals). The appeal can be made orally or in writing, and it must be filed within five days of getting the notice. State law says the hearing must happen no later than 10 days after the suspension begins.
The panel can keep the suspension, remove it, change its terms, or move the student to an alternative program. After that, the family can ask the school board to review the decision, again within five days. Board hearings are closed to the public unless the family asks in writing for an open one.
If a student is suspended for more than five days, Tennessee law requires the principal to write a behavior improvement plan, with input from the student and parents.
Some zero-tolerance offenses, a list of serious violations set by state law and district policy, carry a mandatory one-year expulsion. Those can still be appealed.
Bullying: what Tennessee requires schools to do
Tennessee law requires every school district to adopt a written policy against harassment, intimidation, bullying, and cyber-bullying. The policy must include a way to report anonymously, a procedure for prompt investigation, and a ban on retaliation against anyone who reports.
In middle and high schools, the principal or a designee must investigate when a student reports physical harm or a threat of physical harm. The principal must also inform the parents of the students involved right away and tell them about available counseling.
We could not confirm on an official Tennessee page whether the state has a student-press law or a hair-discrimination law for schools, so this article does not cover them.
What to do if you disagree
For a long suspension, file the appeal right away. Tell the school, in writing if you can, that you want a hearing before the disciplinary hearing authority. Keep a copy and write down the date.
For bullying, report it to a principal, teacher, or counselor, and ask for a copy of the district's bullying policy. If the bullying is about race, sex, or disability, the U.S. Department of Education's Office for Civil Rights (Oficina de Derechos Civiles) also takes complaints.
For questions about state school law, the Tennessee Department of Education's Office of General Counsel can be reached at (615) 741-2921.
Remember this
- Tennessee requires school attendance from age 6 through 17.
- For a suspension over 10 days, appeal within five days of the notice; the hearing must happen within 10 days of the suspension starting.
- Goss v. Lopez (1975) means you get notice and a chance to tell your side before a suspension.
- Every Tennessee district must have a written bullying policy that allows anonymous reports and bans retaliation.
Sources
- Tennessee Department of Education: Back to school legal guidance (opens in a new tab)
- Tennessee Department of Education: School administrator's guide for addressing bullying and harassment complaints (opens in a new tab)
- Tennessee Public Charter School Commission: Disciplinary hearing authority procedures (opens in a new tab)
- Legal Information Institute: Goss v. Lopez (1975) (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.