State Laws

Definitions

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Background

A majority of states have banned corporal punishment of school children while maintaining the rights of school authorities to use reasonable force and restraint to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects upon or with the control of the student, in self-defense or for the protection of persons or property. In states where corporal punishment is allowed, local districts can ban corporal punishment as well establish conditions beyond those established by state laws and regulations for its use. Where state law permits, courts generally uphold the "reasonable" application of corporal punishment and have been reluctant to find that such punishment violates student due process rights or rights to be free from "cruel and unusual punishment".

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Important Federal Court Decisions

Opponents of school corporal punishment have advanced arguments that it is unconstitutional. These arguments are based on (l) violation of Fifth Amendment rights of substantive due process which prohibits deprivation of "life, liberty, or property without due process of law" and procedural due process involving notice, a clear statement of the alleged offense, hearing with right to counsel and cross-examination of witnesses and (2) violation of Eighth Amendment rights against state imposition of "cruel and unusual punishment".

In 1977, the United States Supreme Court decided the case of Ingraham v. Wright, 430 U.S. 651, 51 L.Ed.2d 711 (1977), involving the use of corporal punishment in public schools. It was a narrow decision (5-4) which upheld the beating of two Florida students.

The complaint said that Ingraham was beaten twenty times with a paddle for moving too slowly to leave the stage of an auditorium. The other student was beaten four times in a 20-day period for being late. The beatings led to medical and hospital care. The parents’ attorneys argued that the beatings were "cruel and unusual punishment" according to the Eighth Amendment. The Court sided with Dade County school officials in the case. It found that prohibition against cruel and unusual punishment, while necessary for criminals in jail, was not necessary for school children who justices said are better protected by the surveillance of the community and the openness of the school system.

The Court also said stated that, to the extent that the force is excessive or unreasonable, educators in most states are subject to possible civil and criminal liability.

Garcia v. Miera, 817 F.2^nd 650 (10th Cir. 1987) involved a nine-year old New Mexico girl who court documents say was held upside down and struck five times with a broken wooden paddle leading to bleeding and permanent scarring. The child was paddled again some three months later causing severe bruising. The Tenth Circuit Court of Appeals reversed a summary judgment of a lower court providing that school officials are shielded from liability and found that school officials had used such excessive force in administering corporal punishment that they violated the student’s federal constitutional right of substantive due process. Both the school district and the administrators were liable for damages suffered by the student and attorney fees. Garcia makes clear that school officials can be sued and the results can be time-consuming and expensive. The Supreme Court refused to hear the Garcia case so it still stands.

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States Banning Corporal Punishment

*Dates listed are when the law was enacted, unless otherwise noted.

Some states banned corporal punishment through laws passed by state legislatures. Some banned corporal punishment through regulations passed by state boards of education. In some cases, the bans came about because legislatures removed statutory permission for its use. Contact info@stophitting.org for specific information.

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State Laws Granting Authority For Use Of School Corporal Punishment

GRANT OF BROAD AUTHORITY TO EDUCATORS FOR USE OF CORPORAL PUNISHMENT

GRANT OF AUTHORITY TO SCHOOL BOARDS TO PERMIT CORPORAL PUNISHMENT WITHIN STATUTORY GUIDELINES

CORPORAL PUNISHMENT BANNED UNLESS LOCAL BOARDS ALLOW (STATUTORY REStrICTIONS)

Corporal punishment is banned unless local school boards follow certain procedures and timelines for permitting its use. The law also allows parents to opt out of corporal punishment for their children if their districts permit corporal punishment.

STATUTES ARE SILENT

Corporal punishment is not directly addressed but may be addressed indirectly through powers given to school boards for control of discipline or through immunity from suit for educators using corporal punishment.

JUSTIFICATION FOR USE OF FORCE BY CERTAIN PERSONS

Use of ordinary (not excessive) force as a means of discipline is not prohibited.

PROVIDES IMMUNITY FOR EDUCATORS FOR USE OF CORPORAL PUNISHMENT WITHIN SCHOOL POLICY

SCHOOL DIStrICTS MUST REPORT PADDLING RATES TO STATE AGENCY

Note: Kentucky Center for School Safety collects/publishes annual reports on discipline including corporal punishment: http://www.kysafeschools.org/clear/analys04.html.

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State Laws -- Private Schools

Iowa
280.21 Corporal punishment--burden of proof.

1. An employee of an accredited public school district, accredited nonpublic school, or area education agency shall not inflict, or cause to be inflicted, corporal punishment upon a student. For purposes of this section, "corporal punishment" means the intentional physical punishment of a student. An employee's physical contact with the body of a student shall not be considered corporal punishment if it is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the employee uses reasonable force, as defined under section 704.1, for the protection of the employee, the student, or other students; to obtain the possession of a weapon or other dangerous object within a student's control; or for the protection of property. The department of education shall adopt rules to implement this section.
2. A school employee who, in the reasonable course of the employee's employment responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves the following:
   1. Encouraging, supporting, or disciplining the student.
   2. Protecting the employee, the student, or other students.
   3. Obtaining possession of a weapon or other dangerous object within a student's control.
   4. Protecting employee, student, or school property.
   5. Quelling a disturbance or preventing an act threatening physical harm to any person.
   6. Removing a disruptive student from class or any area of the school premises, or from school-sponsored activities off school premises.
   7. Preventing a student from the self-infliction of harm.
   8. Self-defense.
   9. Any other legitimate educational activity.
3. To prevail in a civil action alleging a violation of this section the party bringing the action shall prove the violation by clear and convincing evidence. Any school employee determined in a civil action to have been wrongfully accused under this section shall be awarded reasonable monetary damages, in light of the circumstances involved, against the party bringing the action.

New Jersey
New Jersey Permanent Statutes, Title 18A Education, 18A:6.1. Corporal Punishment of Pupils.

18A:6.1. Corporal Punishment of pupils

No person employed or engaged in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution; but any such person may, within the scope of his employment, use and apply such amounts of force as is reasonable and necessary:

1. to quell a disturbance, threatening physical injury to others;
2. to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil;
3. for the purpose of self-defense; and
4. for the protection of persons or property;

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State Laws -- Public Schools

Alabama/Code of Alabama 16-28A-1, Code of Alabama 16-28A-2, Code of Alabama l6-28A-3

Alabama law is generally silent on the use of corporal punishment except to provide teachers with immunity from civil and criminal prosecution for using corporal punishment when local board policy is followed. In Sec. l6-28A-1 (Legislative Findings), the intent of the Alabama legislature is described in part:

...Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to and including corporal punishment as may be prescribed by the local board of education. So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, each teacher shall be immune from civil or criminal liability. It shall be the responsibility of the local boards of education and the administrators employed by them to provide legal support to each teacher exercising his or her authority and responsibility to maintain order and discipline in his or her classroom as long as the teacher follows the local board of education’s policy. Such support for the teacher shall include, but not limited to, providing appropriate legal representation to defend the teacher against charges, filing of a written report pursuant to Section l6-1-24, seeking the issuance of warrant or warrants for any person or persons threatening or assaulting a teacher, and the timely assistance and cooperation with the appropriate authorities in the prosecution of any person or persons threatening or assaulting a teacher. Local school board authorities and school administrators providing such support shall be absolutely immune from civil and criminal liability for actions authorized or required by this section.

16-28A-2 Exemption of teachers and other employees from application of Title 26.

Title 26 provides duties and responsibilities for investigations of child abuse reports.

This section provides an exemption for teachers and other employees as follows:

"The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of students when the punishment is consistent with established written policies of the employing board of education. Neither shall the provisions of Title 26 apply to public school teachers or other employees while maintaining order and discipline in the classroom and on public school property, including school buses, consistent with written policies of the employing board of education."

16-28A-3 Local boards of education required to develop and disseminate student discipline and behavior policies.

"To fully implement the provisions of this chapter, the State Board of Education shall require each local board of education to develop a written policy on student discipline and behavior and to broadly disseminate them following its adoption. Copies of the student discipline and behavior policy shall be given to all teachers, staff, parents and students."

Arkansas/ARK.CODE.ANN. 6-18-505, 6-18-503, 6-17-112

6-18-505 "Any teacher or school administrator in a school district that authorizes corporal punishment in the district’s written student discipline policy may use corporal punishment provided only that the punishment is administered in accord with the district’s written student discipline policy, against any pupil in order to maintain discipline and order within the public schools".

6-18-503

"A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or a school administrator and only in the presence of a school administrator or his designee, who shall be a teacher or administrator employed by the school district".

6-17-112

"Teachers and administrators in a school district that authorizes use of corporal punishment in the district's written student discipline policy shall be immune from any civil liability for administering corporal punishment to students, provided only that the corporal punishment is administered in substantial compliance with the district's written student discipline policy."

Arizona/ARIZ. REV. STAT. 15-843

15-843 Pupil disciplinary proceedings

School districts can ban corporal punishment. If they utilize it, they are bound by the following statute which primarily refers to suspension and expulsion.

B. "The governing board of any school district shall, in consultation with the teachers and parents of the school district, prescribe rules for the discipline, suspension and expulsion of students. The rules shall include at least the following:

2. Procedures for the use of corporal punishment if allowed by the governing board.

3. Procedures for the reasonable use of physical force by certificated or

classified personnel in self-defense, defense of others and defense of property."

Colorado/COLO. REV. STAT. 22-32-109.1

There is no specific mention of school corporal punishment in Colorado statutes but such use would fall under the following statute:

22-32-109.1 Board of education - specific powers and duties - safe schools.

(2a) Conduct and Discipline Code.
The code shall include but not be limited to:
"Policies and procedures for the use of acts of reasonable and appropriate physical intervention or force in dealing with disruptive students; except that no board shall adopt a discipline code that includes provisions that are in conflict with the definition of child abuse in section 18-6-401 (1), C.R.S., and section 19-1-103 (1), C.R.S.;"

9) Immunity. (a) A school district board of education or any person acting in good faith in accordance with the provisions of subsection (2) of this section in carrying out the powers or duties authorized by said subsection shall be immune from civil or criminal liability for such actions; except that a person acting willfully or wantonly in violation of said subsection shall not be immune from liability pursuant to said subsection.

(b) A teacher or any other person acting in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall be immune from civil liability; except that a person acting willfully and wantonly shall not be immune from liability pursuant to this paragraph (b). The court shall dismiss any civil action resulting from actions taken by a teacher or any other person pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section upon a finding by the court that the person acted in good faith and in compliance with such conduct and discipline code and was therefore immune from civil liability pursuant to paragraph (a) of this subsection (9).

Florida/FLA STAT. 1001.31, 1003.01 (7), 1006.07 (1)(a), 1006.11, 1003.32 (1)

1003.1(7)Each district school board has the authority to prohibit the use of corporal punishment as defined by:

"Corporal punishment means the moderate use of physical force or physical contact by a teacher or principal as may be necessary to maintain discipline or to enforce a school rule. However, the term ‘corporal punishment’ does not include the use of such reasonable force by a teacher or principal as may be necessary for self-protection or to protect other students from disruptive students".

1006.7(1)(a)School districts electing to ban corporal punishment must have in place an alternative discipline program.

"...The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline."

1001.31Each school district constitutes a separate and independent entity and its school board may elect to use corporal punishment.

"Scope of district system.--A district school system shall include all public schools, classes, and courses of instruction and all services and activities directly related to education in that district which are under the direction of the district school officials."

1003.32 Authority of teacher; responsibility for control of students; district school board and principal duties

" Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal’s designated representative and shall keep good order in the classroom and in other places in which he or she is to be in charge of students.

(l) In accordance with this section and within the framework of the district school board's code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety of all students in their classes and school:"

(the following are related to corporal punishment)

(j) "Use reasonable force, according to standards adopted by the State Board of Education, to protect himself or herself or others from injury.

(k) Use corporal punishment according to school board policy and at least the following procedures, if the teacher feels that corporal punishment is necessary:

1. The use of corporal punishment shall be approved in principle by the principal

   before it is used, but approval is not necessary for each specific instance in which it is used. The principal shall prepare guidelines for administering such punishment which identify the types of punishable offenses, the conditions under which the punishment shall be administered, and the specific personnel on the school staff authorized to administer the punishment.

2. A teacher or principal may administer corporal punishment only in the presence of another adult who is informed beforehand, and in the student’s presence, of the reason for the punishment.

3. A teacher or principal who has administered punishment shall, upon request, provide the pupil’s parent or guardian with a written explanation of the reason for the punishment and the name of the other adult who was present."

1006.11 Standards for use of reasonable force.

(1) The State Board of Education shall adopt standards for the use of reasonable force by district school board personnel to maintain a safe and orderly learning environment. Such standards shall be distributed to each school in the state and shall provide guidance to district school board personnel in receiving the limitations on liability specified in subsection (2).

(2) Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of the instructional staff, a principal or the principal's designated representative, or a school bus driver shall not be civilly or criminally liable for any action carried out in conformity with the State Board of Education and district school board rules regarding the control, discipline, suspension, and expulsion of students, including, but not limited to, any exercise of authority under s. 1003.32 or s. 1006.09.

Georgia/GA. CODE ANN. 20-2-730, 20-2-731, 20-2-732

20-2-730

"All area, county, and independent boards of education shall be authorized to determine and adopt policies and regulations relating to the use of corporal punishment by school principals and teachers employed by such boards"

20-2-731

"An area, county, or independent board of education may, upon the adoption of written policies, authorize any principal or teacher employed by the board to administer, in the exercise of his sound discretion, corporal punishment on any pupil or pupils placed under his supervision in order to maintain proper control and discipline. Any such authorization shall be subject to the following requirements:

(1) The corporal punishment shall not be excessive or unduly severe; (2) Corporal punishment shall never be used as a first line of punishment for misbehavior unless the pupil was informed beforehand that specific misbehavior could occasion its use; provided, however, that corporal punishment may be employed as a first line of punishment for those acts of misconduct which are so antisocial or disruptive in nature as to shock the conscience; (3) Corporal punishment must be administered in the presence of a principal or assistant principal, or the designee…, employed by the board of education authorizing such punishment, and the other principal or assistant principal or designee…, must be informed beforehand and in the presence of the pupil of the reason for punishment; (4) The principal or teacher who administered corporal punishment must provide the child’s parent, upon request, a written explanation of the reasons for the punishment and the name of the principal, assistant principal or designee…., who was present; provided however that such an explanation shall not be used as evidence in any subsequent civil action brought about as a result of corporal punishment. (5) Corporal punishment shall not be administered to a child whose parents or legal guardian has upon the day of enrollment of the pupil filed with the principal of the school a statement form a medical doctor licensed in Georgia saying that it is detrimental to the child’s mental or emotional stability".

20-2-732

"No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and supervision and in conformity with the policies and regulations of the area, county, or independent board of education…..shall be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment where the corporal punishment is administered in good faith and is not excessive or unduly severe".

Idaho/Idaho Stat. 33-1224

Corporal punishment is permitted in public schools but Idaho law does not directly address corporal punishment at the school level, according to the Idaho State Departmen t of Education contact. An Administrative Rule of the Idaho Department of Education addresses school discipline policies as follows:

33.1224 Powers and Duties of Teachers. In the absence of any statue or rule of regulation of the board of trustees, any teacher employed by a school district shall have the right to direct how and when each pupil shall attend to his appropriate duties, and the manner in which a pupil shall demean himself while in attendance at the school. It is the duty of a teacher to carry out the rules and regulations of the board of trustees in controlling and maintaining discipline, and a teacher shall have the power to adopt any reasonable rule or regulation to control and maintain discipline in, and otherwise govern, the classroom, not inconsistent with any statute of rule or regulation of the board of trustees.

Indiana/IN Code 31-34-1-15, IN Code 20-33-8-8, IN Code 20-33-8-9

31-34-1-15 "This chapter does not do any of the following:

(1) Limit the right of a parent, guardian, or custodian of a child to use reasonable corporal punishment when disciplining a child."

20-33-8-8 Duty and powers of school corporation to supervise and discipline students

(b) "In all matters relating to the discipline and conduct of students, school corporation personnel: (1) stand in the relation of parents to the students of the school corporation; and (2) have the right to take any disciplinary action necessary to promote student conduct that conforms with an orderly and effective educational system, subject to this chapter."

20-33-8-9 Disciplinary powers of teachers and school staff member

(b) "An individual may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises."

Kansas

Statutes are silent on the issue of corporal punishment in schools.

"In response to your recent inquiry concerning corporal punishment, please be advised that there are no Kansas statutes or regulations that address this matter…In Kansas the decision of whether or not to use corporal punishment is left to the local boards of education"

said M. Kevin Ireland, Attorney, Office of General Counsel, Kansas State Department of Education in a letter of 6-1-00. (reaffirmed by letter 7-29-02, General Counsel, Kansas State Department of Education)

Kentucky/ KRS 158.148, 158.444, 158.150, 160.290, 160.345 (2) (i) 7

Kentucky has no laws expressly authorizing or expressly banning the use of corporal punishment. This is a matter left to local boards of education. The statute giving boards of education broad powers to control and manage schools is KRS 160.290. The general disciplinary statute KRS 158.148 outlines student discipline guidelines, and the local code of acceptable behavior and discipline. KRS 158.150 goes on to further address local policy related to expulsion and suspension; however, there is no mention of corporal punishment in this section. It should be noted that statute 158.444 requires the Kentucky Board of Education to collect statewide data regarding, "The number of suspensions, expulsions, and corporal punishments;" indicating that to some extent, corporal punishment is an acceptable form of student discipline. KRS 160.345 requires adoption of school councils for school-based decision-making. Each board must address and comply with the following:

160.345 (2) (i) 7

"Selection and implementation of discipline and classroom management techniques as part of a comprehensive school safety plan, including responsibilities of the student, teacher, counselor and principal;"

Louisiana/LA.REV.STAT.17:223, Sec. 17:81.6, Sec. 235.l

17:223

"Each parish and city school board shall have discretion in the use of corporal punishment. In those cases in which a parish or city school board decides to use corporal punishment, each parish or city school board shall adopt such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools in its district".

17:81.6(A)

"On or before January 1, 1989, each city and parish school board shall adopt a policy establishing the procedures for investigation of employees accused of impermissible corporal punishment or moral offenses involving students".

235.l Parent orientation; mandatory for school entrance; city and parish school boards; guidelines: employer responsibilities

The section of this statute that deals with corporal punishment is 235.l (4) (a)

"At the parent orientation meeting, the school board or its representative shall provide each parent or guardian a copy of and explain school board policies which:

(a) Govern the discipline of students including but not limited to corporal punishment, detention, suspension and expulsion of students."

Mississippi/MS. CODE ANN. 37-11-57 (1999 Supp.)

37-11-57. Immunity of school personnel from liability for carrying out action in enforcing rules regarding control, discipline, suspension and expulsion of students .

"(1) Except in the case of excessive force or cruel and unusual punishment, a teacher, assistant teacher, principal, or an assistant principal acting within the course and scope of his employment shall not be liable for any action carried out in conformity with state or federal laws or regulations of the State Board of Education or the local board regarding the control, discipline, suspension and expulsion of students. The local school board shall provide any necessary legal defense to a teacher, assistant teacher, principal or assistant principal acting within the course and scope of his employment in any action which may be filed against school personnel. A school district shall be entitled to reimbursement for legal fees and expenses from its employee if a court finds that the act of the employee was outside the course and scope of his employment, or that the employee was acting with criminal intent. Any action by a school district against its employee and any action by the employee against the school district for necessary legal fees and expenses shall be tried to the court in the same suit brought against the school employee.

(2) Corporal punishment administered in a reasonable manner, or any reasonable action to maintain control and discipline of students taken by a teacher, assistant teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local school board does not constitute negligence or child abuse. No teacher, assistant teacher, principal or assistant principal so acting shall be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, or the taking of action to maintain control and discipline of a student, unless the court determines that the teacher, assistant teacher, principal or assistant principal acted in bad faith or with the malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety. For the purposes of this subsection, ‘corporal punishment’ means the reasonable use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal, as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students."

Missouri/MO. REV. STAT. CHAP. 563, Sec. 563.061.1., CHAP 160, Sec. 160.261

563.061.1

"The use of physical force by an actor upon another person is justifiable when the actor is a parent, guardian other person entrusted with the care and supervision of a minor or an incompetent person or when the actor is a teacher or other person entrusted with the care and supervision of a minor for a special purpose, and

1. The actor reasonably believes the force used is necessary to promote the welfare of a minor or incompetent person, or if the actor’s responsibility for the minor is for special purposes, to further that special purpose or to maintain reasonable discipline in a school, class or other group; and

2. The force used is not designed to cause or believed to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain or extreme emotional distress.

"

160.261

Chapter 160 defines the written discipline policy which must be developed by school districts. The district must provide a copy of the district’s discipline policy and corporal punishment procedures, if applicable, to the pupil and parent/guardian of every pupil at the beginning of each school year and it must be made available in the superintendent’s office. All school employees must receive annual instruction in this policy.

The following pertains to corporal punishment and to investigation of alleged child abuse arising from its use.

8. "Spanking, when administered by certificated personnel of a school district in a reasonable manner in accordance with the local board of education’s written policy of discipline, is not abuse within the meaning of chapter 210, RSMo. The provisions of sections 210.110 to 210.l65 RSMo, notwithstanding, the division of family services shall not have jurisdiction over or investigate any report of alleged child abuse arising out of or related to any spanking administered in a reasonable manner by any certificated school personnel pursuant to a written policy of discipline established by the board of education of the school district. Upon receipt of any reports of child abuse by the division of family services pursuant to (sections noted above), which allegedly involves personnel of a school district, the division of family services shall notify the superintendent of schools of the district, or if the person named in the alleged incident is the superintendent of schools, the president of the school board of the school district where the alleged incident occurred. If after an initial investigation, the superintendent of schools or the president of the school board finds that the report involves an alleged incident of child abuse other than the administration of a spanking by certificated school personnel pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, the superintendent of schools or the president of the school board shall immediately refer the matter back to the division of family services and take no further action. In all matters referred back to the division of family services, the division of family services shall treat the report in the same manner as other reports of alleged child abuse received by the division. If the report pertains to an alleged incident which arose out of or is related to a spanking administered by certificated personnel of a school district pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, a notification of the reported child abuse shall be sent by the superintendent of schools or the president of the school board to the juvenile officer of the county in which the alleged incident occurred. The report shall be jointly investigated by the juvenile officer or a law enforcement officer designated by the juvenile officer and the superintendent of schools or, if the subject of the report is the superintendent of schools, by the juvenile officer or a law enforcement officer designated by the juvenile officer and the president of the school board or such president’s designee. The investigation shall begin no later than forty-eight hours after notification from the division of family services is received, and shall consist of, but need not be limited to, interviewing and recording statements of the child and the child’s parents or guardian ...the division of family services shall treat the report in the same manner as other reports of alleged child abuse received by the division."

Summary by CED of the remainder of this lengthy section which involves investigations of paddling child abuse reports to family services:

If a report to family services pertains to an alleged incident which arose from a spanking (the term should actually be "paddling" as spanking means to hit with the flat of a hand) by certificated personnel under the discipline policy or if it pertains to a report made for the purpose of harassing a public employee, the superintendent is to be notified. Family services does not have jurisdiction over or investigate such reports. The board of education does the investigation to determine if such an event occurred and if the paddling was administered according to the school discipline policy.

A set of procedures defines what happens if the alleged perpetrator is the superintendent. An investigation must begin no later than 48 hours after notification. Separate reports of findings and recommendations at the conclusion of the investigation must be made by the superintendent and the officer. The reports are reviewed by the school board and the board must render its findings and conclusions within seven days of receiving the last report. The report is then sent to the division of family services where if a board determines that child abuse is substantiated, it is referred to the prosecuting attorney.

If the board determines that child abuse cannot be substantiated, the case is dropped. A separate set of procedures defines what happens if the alleged perpetrator is the superintendent.

New Mexico/N.M.STAT.ANN. Sec. 22-5-4.3 and N.M. SBE.REG. 6.11.2.10 (E)

22-5-4.3 School Discipline Policies

B. "Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include corporal punishment, in-school suspension, school service, suspension or expulsion."

6.11.2.10 (E)

"Each local school board with community input shall determine whether to permit the use of corporal punishment and shall publish and distribute a written policy either authorizing or prohibiting its use. Where corporal punishment is authorized, the written policy shall specify the allowable forms of punishment, the conditions when it may be used and the procedures to be followed in administering it."

North Carolina/N.C. Gen. Stat. 115C-391

By the mid-1980’s only NC, OH and FL did not allow local schools to ban corporal punishment. The following statute defines the use of corporal punishment currently in NC. Only the section referring to corporal punishment is quoted.

115C-391 Corporal punishment, suspension, or expulsion of pupils.

(a) Local boards of education shall adopt policies not inconsistent with the provisions of the Constitutions of the United states and North Carolina, governing the conduct of students and establishing procedures to be followed by school officials in suspending or expelling any student or in disciplining any student if the offensive behavior could result in suspension, expulsion, or the administration of corporal punishment. The policies shall be adopted for the administration of corporal punishment shall include at a minimum the following conditions:

(1) Corporal punishment shall not be administered in a classroom with other children present;

(2)The student body shall be informed beforehand what general types of misconduct could result in corporal punishment;

(3)Only a teacher, substitute teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, teacher, substitute teacher, teacher assistant, or student teacher, who shall be informed beforehand and in the student’s presence of the reason for the punishment; and

(4) An appropriate school official shall provide the child’s parent or guardian with notification that corporal punishment has been administered, and upon request, the official who administered the corporal punishment shall provide the child’s parent or guardian a written explanation of the reasons and the name of the second school official who was present.

Each local board shall publish all the policies mandated by this subsection and make them available to each student and his parent or guardian at the beginning of each school year. Notwithstanding any policy adopted pursuant to this section, school personnel may use reasonable force, including corporal punishment, to control behavior or to remove a person from the scene in those situations when necessary:

1. To quell a disturbance threatening injury to others;
2. To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student;
3. For self-defense;
4. For protection of persons or property; or
5. To maintain order on school property, in the classroom, or at a school-related activity on or off school property."

Ohio/OHIO REV. CODE. ANN. 3319.41

Ohio’s 1993 law is a complex attempt to discourage corporal punishment but it does not prohibit its use. Prior to 1985, no public school districts banned corporal punishment in Ohio because of an attorney general’s opinion that they could not do so. A law became effective in 1985 allowing public school districts to do so. Few did so. A law became effective in 1994 which took nine years to pass. Provisions of the law are quoted here. It led to a significant drop in paddling in Ohio’s schools. Fewer that 500 students have been paddled in the 611 public school districts and 250 charter schools in the past few years (2005).

3319.41 (A)

The law provides that no teachers, administrators, nonlicensed school employees, or bus drivers may use corporal punishment unless the district’s board has adopted a resolution by September 1, 1994 to permit corporal punishment following procedures and timelines set out by the law including establishing a community task force, a study of discipline in the district by the task force and a review of its written recommendations.

3319.41(B)

"..in a district that permits corporal punishment the board must, as part of its disciplinary policy, permit the parents, guardian, or custodian of the student to request that corporal punishment not be used on that child, in which case an alternative disciplinary measure must be applied; a procedure for the exercise of this option must be included in the board’s resolution that permits the use of corporal punishment".

After September 1, 1996 boards which retained corporal punishment can prohibit its use but boards that adopt resolutions permitting corporal punishment after that date can do so only have receiving and studying the written report of a local discipline task force.

"Task force members must include teachers, administrators, nonlicensed school employees, school psychologists, members of the medical profession, pediatricians, when available, and representatives of parents’ organizations. The task force must hold meetings regularly, give public notice of any meeting in newspapers or other periodicals of general circulation in the district, and produce a written report of findings and recommendations. All task force meetings must be open to the public, and at least one meeting must be for the purpose of inviting public participation."

3319.41(D)

"provides that, if the board of a city, local, exempted village or joint vocational district elects to prohibit corporal punishment, the board must, before the effective date of the prohibition, (l) adopt a policy on discipline that includes alternative disciplinary measures; and (2) consider what in-service training, if any, employees might need as part of implementing that policy."

Oklahoma/OK. STAT. 21-643, 21-844, 70-6-113.1, 70-24-100.4

21-643 Force against another not unlawful, when Self-defense - Defense of property

"To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases: (4) When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of lawful authority to restrain or correct such person's child, war, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child...or by the refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree;"

21-844 Ordinary force as means of discipline not prohibited.

"Provided, however, that nothing contained in this act shall prohibit any parent, teacher or other person from using ordinary force as a means of discipline, including but not limited to spanking, switching or paddling."

70-6-113.1 Materials on effective classroom discipline techniques to be furnished.

"The State Department of Education shall provide each local board of education materials dealing with effective classroom discipline techniques as an alternative to the use of corporal punishment (70-6-113.1)".

70-24-100-4 Control and discipline of child - Prohibition of harassment, intimidation, and bullying.

"A. Each district board of education shall adopt a policy for the control and discipline of all children attending public school in that district. Such policy shall provide options for the methods of control and discipline of the students and shall define standards of conduct to which students are expected to conform....."

"B. Except concerning students on individualized education plans (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA)……the State Board of Education shall not have authority to prescribe student disciplinary policies for school districts or to proscribe corporal punishment in the public schools....."

South Carolina/NC CODE of LAWS 59-63-260

"The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper".

Tennessee/TN 49-6-4103

49-6-4103. Corporal Punishment

"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."

49-6-4105. Arrest and prosecution for injury to student.

(a) No action taken by a teacher or principal pursuant to the provisions of this part shall be grounds for the issuance of an arrest warrant or for the pressing of criminal charges against such teacher or principal, unless a report of an investigation by appropriate law enforcement officials along with independent medical verification of injury is presented to the judge or magistrate prior to issuing such a warrant. The investigative findings shall be presented to the judge or magistrate within fifteen (15) days of receipt of notification. The law enforcement agency shall give notice to the director of schools or the director of schools' designee at the time it is notified of the allegations.

(b) When an arrest warrant has been issued against a teacher for action taken pursuant to the provisions of this part, the teacher shall be summoned to an administrative office or to a location other than on school grounds, so that students shall not be present, and shall be arrested there. The teacher is not to be arrested in the classroom or before any assembly of students. This subsection shall not apply if a law enforcement officer reasonably believes that the teacher will flee from arrest or attempt to leave the jurisdiction of the court which issued the warrant.

[Acts 1986, ch. 578, § 1; 1987, ch. 133, § 1; 1987, ch. 134, § 1.]

Texas

The Texas Education Code was revised in 1995 and references to corporal punishment were removed leaving the option of corporal punishment to local districts.

Chapter 37. Discipline; Law and Order Subchapter A. Alternative Settings for Behavior Management deals with removal, suspension, expulsion and alternative settings but does not address corporal punishment. In response to a request for copies of state laws and regulations relating to the use of corporal punishment, the following response was received on 7-18-00 from the legal counsel for the Texas Education Agency:

"The state of Texas has no statutes or regulatory rules that address the use of corporal punishment in the public schools of the state. The decision to utilize corporal punishment as a method of disciplining students is a decision left to the boards of trustees for each of the l056 independent school districts in this state".

Chapter 37. Discipline; Law and Order and Subchapter A. Alternative Settings for Behavior Management require that a student code of conduct be established for each district and that it must be posted and prominently displayed at each school campus. The code of conduct must specify circumstances when students may be removed, transferred to an alternative education program, or suspended. A TX Safe Schools Department contact said in 7-00 that schools are advised to have a corporal punishment policy and it should be contained in the student code of conduct.

"A teacher with knowledge that a student has violated the student code of conduct shall file with the school principal or the other appropriate administrator a written report, not to exceed one page, documenting the violation. The principal or other appropriate administrator shall, not later than 24 hours after receipt of a report form a teacher, send a copy of the report to the student’s parents or guardians."

Wyoming/WY STAT. 21-4-308

"Punishment and disciplinary measures; denial of diploma or credit.

1. Each board of trustees in each school district within the state may adopt rules for reasonable forms of punishment and disciplinary measures. Subject to such rules, teachers, principals, and superintendents in such district may impose reasonable forms of punishment and disciplinary measures for insubordination, disobedience, and other misconduct.
2. Teachers, principals and superintendents in each district shall be immune from civil and criminal liability in the exercise of reasonable corporal discipline of a student as authorized by board policy.
3. No diploma or credit for a course which has been completed successfully shall be denied a pupil who has earned it; provided, such diploma or credit shall not be deemed earned until payment has been made for all indebtedness due to the school district."

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