Tennessee Code Annotated

Tenn. Code Ann. § 49-6-4103 (2026)

Corporal punishment

✓ current as of May 2026

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(a)
- (1) Any teacher or school principal may use corporal punishment in a reasonable manner against any pupil for good cause in order to maintain discipline and order within the public schools.
- (2)
  - (A) Notwithstanding subsection (a)(1), prior to the administration of corporal punishment against a student, the student's teacher or school principal must document in the student's educational record that they have:
    - (i) Acted to address the student's behavior;
    - (ii) Provided consequences to the student to address the behavior;
    - (iii) Consulted with the student's parent or legal guardian about the student's behavior; and
    - (iv) Considered the need to conduct an initial evaluation to determine whether the student has a disability in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), chapter 10 of this title, and the state board of education's rules.
  - (B) If, as a result of an evaluation conducted pursuant to subdivision (a)(2)(A)(iv), a student is found to have a disability, then corporal punishment may only be administered against the student if authorized in accordance with subsection (b).

(b)
- (1) Notwithstanding subsection (a), teachers, school principals, or other school personnel are prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's principal must keep the written permission on file at the school. The school's principal must notify the parent any time corporal punishment is used. The school's principal must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's principal that corporal punishment may no longer be used against the parent's child who has a disability.
- (2) As used in this subsection (b):
  - (A) "School personnel" includes all individuals employed on a full-time or part-time basis by a public school; and
  - (B) "Student who has a disability" means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act (29 U.S.C. § 701 et seq.).
- (3) This subsection (b) does not authorize the use of corporal punishment by a person who is not permitted to administer corporal punishment under subsection (a).

Amended by 2023 Tenn. Acts, ch. 275, s 1, eff. 4/28/2023.

Amended by 2018 Tenn. Acts, ch. 900, s 1, eff. 7/1/2018.

Acts 1979, ch. 131, § 1; T.C.A., §§ 49-903, 49-9-103.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1983–2023 · leading case: State v. Toliver, 117 S.W.3d 216 (Tenn. 2003).

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State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). · cites it 4× “" Tenn.Code Ann. § 49-6-4103 (2002). Therefore, it would seem to follow that a parent also has the right to use corporal punishment in a reasonable manner.”

Paul v. McGhee, 577 F. Supp. 460 (E.D. Tenn. 1983). · cites it 2× “Tenn.Code Ann. § 49-6-4103 (Supp.1983) (emphasis supplied).”

Martin Nolan v. Memphis City Schs. (6th Cir. 2009). · cites it 3× “” Tenn. Code Ann. §49-6-4103 (2008). Each board of education is responsible for adopting “such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools in its district.”

State of Tennessee v. Susan Wallace (Tenn. Crim. App. 2006). · cites it 2× “Tenn. Code Ann. § 49-6-4103 (2002). It protects a teacher who uses corporal punishment from arrests based solely on citizen complaints by requiring that there be no “issuance of an arrest warrant or .”

State of Tennessee v. Anderson Toliver - Concurring (Tenn. 2003). · cites it 2× “” Tenn. Code Ann. § 49-6-4103 (2002). Therefore, it would seem to follow that a parent also has the right to use corporal punishment in a reasonable manner.”

Marisa Werner v. Tammy Young (6th Cir. 2023). “See Tenn. Code Ann. § 49-6-4103 (a) (West 2018) (“Any teacher or school principal may use corporal punishment in a reasonable manner against any pupil for good cause in order to maintain discipline and order within the public schools.”

State v. Cornelius Michael Hyde (Tenn. Crim. App. 2000). · cites it 2× “” Tenn. Code Ann. § 49-6-4103 . I seriously doubt that the legislature intended for parents, guardians and custodians to be criminally liable for corporal punishment that would be condoned for use by school principals.”

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