From the ECS State Policy Database School Safety--Corporal Punishment

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary TN Signed into law 04/2012 P-12 Regulates student conduct on school buses. Permits school personnel, including school bus drivers, to use reasonable force, subject to certain restrictions, in maintaining discipline. http://www.capitol.tn.gov/Bills/107/Bill/HB2789.pdf Title: H.B. 2789 Source: http://www.capitol.tn.gov AR Adopted 02/2012 P-12 Sets forth guidelines to assist school districts with developing, reviewing and revising student discipline and school safety policies. Requires that parents, students and school district personnel be involved in the development of district student discipline policies, and that the policies be reviewed annually by a district's committee on personnel policies. Outlines the minimum offenses to be included in a student discipline policy, as well as guidelines for punishment. Sets forth guidelines for parent and student notification, teacher training, and employee grievance procedures. Specifies that students with behavioral problems be placed in alternative learning environments. Provides that districts authorizing the use of corporal punishment include provisions in their discipline policy that specify it must be used only for cause, be reasonable, follow warnings for misbehavior and be administered only by a teacher or administrator in the presence of another school employee. Requires the Department of Education to monitor compliance with the requirements and withhold state aid funds until a disciplinary policy is filed. http://170.94.37.152/REGS/005.15.11-003F-12838.pdf Title: AR ADC 005.15.17-1.00 to AR ADC 005.15.17-6.00 Source: http://www.sos.arkansas.gov/rules_and_regs/ NC Signed into law 06/2011 P-12 Provides that corporal punishment will not be administered on a student whose parent or guardian has stated in writing that corporal punishment must not be administered to that student. Provides that parents/guardians must be given a form to make such an election at the beginning of the school year or when the student first enters the school during the year. Provides that if the parent or guardian does not return the form, corporal punishment may be administered on the student. http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/HTML/S498v4.html Title: S.B. 498 Source: http://www.ncga.state.nc.us TX Signed into law 06/2011 P-12 Defines corporal punishment. Provides that if a district board of trustees adopts a policy permitting corporal punishment, a district educator may use corporal punishment as a form of discipline unless the student's parent has previously provided a written, signed statement prohibiting the use of coroporal punishment. Provides a parent would need to provide such statement on an annual basis. Permits a parent to revoke such statement at any time during the school year. Defines "law enforcement duties". Requires school districts to electronically report to the Texas Education Agency on the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. Clarifies that the provision that a person commits an offense if, on school property or within 500 feet of school property, s/he intentionally disrupts the conduct of classes or other school activities, does not apply to a student in grade 6 or lower. Clarifies that the offense of disruption of transportation applies only if the offense occurred on a vehicle owned or operated by a county or independent school district. Provides that the disruption of transportation offense does not apply to a student in grade 6 or lower. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00359F.pdf#navpanes=0 Title: H.B. 359 Source: www.capitol.state.tx.us NC Signed into law 06/2011 P-12 Clarifies the definitions of the following terms: alternative education services; corporal punishment; educational property; explusion; firearm; long-term suspension; parent; destructive device; principal; school official; school personnel; short-term suspension; substantial evidence; and superintendent. Requires local boards of education to adopt policies to govern the conduct of students and establish procedure to be followed by school officials in disciplining students. Details what such policies must include. Encourages school officials to use a full range of responses to violations of disciplinary rules, such as conferences, counseling, and peer mediation. Reasonable force - Provides that school personnel may use reasonable force to control behavior or to remove a person from the scene in those situations when necessary for any of the following reasons: (1) To correct students; (2) To quell a disturbance threatening injury to others; (3) To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student; (4) For self-defense; (5) For the protection of persons or property; and (6) To maintain order on educational property, in the classroom, or at a school-related activity on or off educational property. Corporal punishment - Directs each school board to determine whether corporal punishment will be permitted in its district. Specifies what the policies adopted for the administration of corporal punishment must include. Requires each school board to report annually to the state board of education on the number of times that corporal punishment was administered. Suspension - Details when a principal has the authority to impose short- and long-term suspension on a student and what a student subject to short- and long-term suspension must be provided. Provides the procedures for imposing short- and long-term suspension. Alternative education services - Provides that students who are long-term suspended must be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. Details what constitues a significant or important reason for declining such services. 365-day supension for gun possession - Requires all local boards to develop and implement policies and procedures requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or destructive device on educational property or to a school-sponsored event off educational property. Expulsion - Provides that upon recommentation of the superintendent, a board of education may expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Provides the procedures for an expulsion. Allows students suspended for 365 days or expelled to, after 180 calendar days from the date of suspension or expulsion, request in writing readmission to the school district. http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H736v7.pdf Title: H.B. 736 Source: http://www.ncga.state.nc.us NM Signed into law 03/2011 P-12 Prohibits the use of corporal punishment by each local school board and each governing body of a charter school. http://www.nmlegis.gov/Sessions/11%20Regular/final/HB0172.pdf Title: H.B. 172 Source: http://www.nmlegis.gov/ NC Signed into law 07/2010 P-12 Prohibits schools from administering corporal punishment on a student with a disability whose parent or guardian has stated in writing that corporal punishment will not be administered on that student. Requires schools to provide to the parents or guardians a form on which they can make such an election. Requires school districts to make an annual report to the state board of education on the number of times that corporal punishment was administered in their district. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H1682v5.pdf Title: HB 1682 Source: http://www.ncga.state.nc.us OH Signed into law 07/2009 P-12 From DOE summary of H.B. 1: Prohibits corporal punishment in school districts, educational service centers, community schools (charter schools) and STEM schools. Pages 1389-1391 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf DOE summary of H.B. 1: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Title: H.B. 1 - Section 3319.41 Source: www.legislature.state.oh.us OH Signed into law 07/2009 P-12 Amends types of data that must be maintained in the education management information system (EMIS http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEPrimary.aspx?page=2&TopicRelationID=1281). Adds that EMIS must include data on achievement levels on college and work ready assessments as created by 3301.0712 (as created in 2009 H.B. 1). Eliminates requirement that EMIS report the percentage of students receiving corporal punishment. Replaces "master teacher" with "lead teacher" in requirement that EMIS report on the number of such teachers in each district and building. Pages 1003-1013 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3301.0714 Source: www.legislature.state.oh.us FL Signed into law 05/2009 P-12 Relates to zero-tolerance policies and schools; requires a district school board having a policy authorizing the use of corporal punishment to review its policy once every 3 years during a district school board meeting and to take public testimony at the board meeting; prohibits corporal punishment policies from requiring the reporting of petty acts of misconduct and misdemeanors (including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000) to a law enforcement agency; establishes a procedure that provides each student with the opportunity for a review of the disciplinary action imposed; requires each school board shall adopt a cooperative agreement with the Department of Juvenile Justice which establishes guidelines for ensuring that any no contact order entered by a court is reported and enforced and that all of the necessary steps are taken to protect the victim of the offense. http://www.flsenate.gov/files/Ch_2009-053.pdf Title: S.B. 1540 Source: http://www.flsenate.gov ND Signed into law 04/2009 P-12 Provides for consistent policies regarding corporal punishment. Prohibits a school board from expanding through policy the definition of corporal punishment beyond that provided by this subsection. (The subsection allows for reasonable force but prohibits corporal punishment). Requires local boards to develop guidelines for how all incidents are to be investigated. Requires boards to ensure that the policies, procedures, and guidelines applicable to all elementary schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle schools in the district are identical, and that the policies, procedures, and guidelines applicable to all high schools in the district are identical.. http://www.legis.nd.gov/assembly/61-2009/bill-text/JBCF0400.pdf Title: S.B. 2289 Source: http://www.legis.nd.gov ND Signed into law 03/2009 P-12 Provides for consistent policies regarding corporal punishment. Prohibits a school board from expanding through policy the definition of corporal punishment beyond that provided by this subsection. (The subsection allows for reasonable force but prohibits corporal punishment). Requires local boards to develop guidelines for how all incidents are to be investigated. Requires boards to ensure that the policies, procedures, and guidelines applicable to all elementary schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle schools in the district are identical, and that the policies, procedures, and guidelines applicable to all high schools in the district are identical.. http://www.legis.nd.gov/assembly/61-2009/bill-text/JBCF0400.pdf Title: S.B. 2289 Source: http://www.legis.nd.gov IL Adopted 03/2008 P-12 Emergency rule (expires 8-18-08) includes a new provision expressly prohibiting the "use of a behavioral intervention strategy relying upon pain as an intentional method of control" by any program operated at a facility serving students with disabilities. Requires every contract provider of special education services to maintain a written policy indicating that the use of behavioral intervention strategies that rely upon pain as an intentional method of control will not be applied to any student Pages 443 and 445 of 454: http://www.ilsos.net/departments/index/register/register_volume32_issue14.pdf Title: 23 IAC 401.10, .30, .210 Source: NH Signed into law 06/2001 P-12 Establishes a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors in settings such as schools or child care centers. Title: H.B. 594 Source: Lexis-Nexis/StateNet TX Became law without governor's signature 05/2001 P-12 Requires the commissioner to adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student receiving special education services. Prohibits putting students in seclusion (a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique). Title: S.B. 1196 Source: http://www.house.state.tx.us/ WV Signed into law 05/2001 P-12 Prohibits suspension as discipline for failure to attend class; stipulates other methods of discipline may be used for the pupil which may include, but are not limited to, detention, extra class time or alternative class settings; abolishes corporal punishment; gives teachers authority to exclude from classrooms or school bus any pupil who is guilty of disorderly conduct, who in any manner interferes with an orderly educational process, who threatens, abuses or otherwise intimidates or attempts to intimidate a school employee or a pupil, who willfully disobeys a school employee, or who uses abusive or profane language directed at a school employee. Any pupil excluded shall be placed under the control of the principal of the school or a designee. The excluded pupil may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the pupil may be readmitted and specifies the specific type of disciplinary action, if any, which was taken. When a teacher excludes the same pupil from his or her classroom or from a school bus three times in one school year, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the pupil may be readmitted to the teacher's classroom only after the principal, teacher and, if possible, the parent(s), guardian(s) or custodian(s) of the pupil have held a conference to discuss the pupil's disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the pupil and inform the parent(s), guardian(s) or custodian(s) of the course of action. Thereafter, if the pupil's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the pupil to another setting. Title: S.B. 439 Source: West Virginia Legislative Web Site VA Signed into law 03/2001 P-12 Relates to child protective services and corporal punishment by school personnel; clarifies within the child abuse and neglect statute that teachers, principals or other persons employed by a school board or employed in a school operated by the Commonwealth are prohibited from subjecting a student to corporal punishment. Title: H.B. 1866 Source: Lexis-Nexis/StateNet VA Signed into law 03/2000 P-12 Provides that the offenses of a simple assault and assault and battery do not include the use of, by any teacher, principal or other person employed by a school board or employed in a school, incidental, minor or reasonable physical contact or other actions designed to maintain order and control, or reasonable and necessary force under a few given circumstances; relates to the provision that precludes the use of corporal punishment in public schools. Title: H.B. 1229 Source: Lexis-Nexis/StateNet