FILE:  JDA

Cf:  GAMC

 

CORPORAL PUNISHMENT

 

 

Every teacher is authorized to hold every pupil to a strict accountability for any disorderly conduct in school or on the playground of the school, or on any school bus going to or returning from school, or during intermission or recess.

 

The Avoyelles Parish School Board shall allow reasonable corporal punishment of unruly pupils.  If such punishment is required, it shall be administered with extreme care, tact and caution, and then only by the principal, assistant principal, or the principal's designated representative in the presence of another adult school employee.  Corporal punishment shall not be authorized for use in grades 7-12.  All school personnel and parents shall be fully informed of these provisions at the beginning of each school year.

 

Corporal punishment means using physical force to discipline a student, with or without an object.  Corporal punishment includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.

 

Corporal punishment does not include:

 

  1. The use of reasonable and necessary physical restraint of a student to protect the student, or others, from bodily harm or to obtain possession of a weapon or other dangerous object from a student.

  2. The use of seclusion and restraint as provided in La. Rev. Stat. Ann. §17:416.21.

 

No form of corporal punishment shall be administered to a student with an exceptionality, excluding gifted and talented, as defined in La. Rev. Stat. Ann. §17:1942 or to a student who has been determined to be eligible for services under Section 504 of the Rehabilitation Act of 1973 and has an Individual Accommodation Plan.

 

The following guidelines shall apply to any use of corporal punishment:

 

  1. Except for those acts of misconduct which are extremely anti-social or disruptive in nature, corporal punishment should never be used unless the student is informed beforehand that specific misbehavior could occasion its use; and, subject to this exception, it should never be used as a first line of punishment.  Its use should follow specific failures of other corrective measures to affect student behavior modification.

  2. Administrators will honor parents’/guardians’ written request to not administer corporal punishment to their child/children with the understanding that another level of punishment could be administered up to and including suspension.

  3. The principal or the designee shall punish corporally only in the presence of a second school employee, who should be informed beforehand of the reasons for the punishment.

  4. If corporal punishment is utilized, it must be administered on the same day of the infraction.  If circumstances prevent this timely action, then the parent/guardian is to be notified that corporal punishment will be administered the next day.

  5. In cases where a student protests innocence of the offense or ignorance of the rule, a brief but adequate opportunity shall be provided for the student to explain his/her side of the situation.

  6. School principals, assistant principals or appropriate designees who have administered corporal punishment shall provide the child's parents or legal guardians, upon request, a written explanation of the reasons and the name of the school employee who was present as a witness.  For each incident of corporal punishment, a Corporal Punishment Incidence Checklist shall be completed and maintained in the administrative offices of the school.

  7. Corporal punishment shall be administered in the office of the principal, assistant principal or in such place or places as may be designated by the principal.

  8. Utmost care, tact and judgment shall be exercised, and all cases of corporal punishment shall be documented by both the person administering the punishment and the witness and kept on file in the principal's office using the proper form.

  9. The use of corporal punishment shall at all times be reasonable and proper.  Considerations in this regard shall include but not be limited to the following:

 

  1. Age of child;

  2. Size of child;

  3. Sex of child;

  4. Ability to bear the punishment; and

  5. Overall physical condition of the child.

 

  1. Corporal punishment shall not be administered in anger or with malice at any time.

  2. Corporal punishment shall be administered by paddling the buttocks only.

 

Nothing contained herein shall be interpreted as prohibiting an employee from using physical force, reasonable and appropriate under the circumstances, in defending himself/herself against a physical attack by a student or to restrain a student from attacking another student or employee, or to prevent acts of misconduct which are so anti-social or disruptive in nature as to shock the conscience.

 

IMPERMISSIBLE CORPORAL PUNISHMENT

 

Corporal punishment administered other than as outlined hereinabove shall be deemed and defined to be "impermissible corporal punishment".  Any accusations involving employees using impermissible corporal punishment shall be promptly investigated, in accordance with provisions of policy GAMC, Employee Investigations.

 

Revised:  June, 2003

Revised:  January, 2008

Revised:  September, 2011

Revised:  October 3, 2017

 

 

Ref:    U.S. Constitution, Amend. XIII

U.S. Constitution, Amend. XIV, Sec. 1

La. Rev. Stat. Ann. §§17:81.6, 17:223, 17:416, 17:416.1

Baker v. Owen, 96 S. Ct. 210 affirming 395 F. Supp. 294 (M.D.N.C., 1975)

Ingraham v. Wright, 97 S. Ct. 1401, (1977)

Board minutes, 4-15-03, 11-6-07, 3-4-08, 7-19-11, 12-6-11, 10-3-17

 

Avoyelles Parish School Board