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.

 

Teachers and principals are authorized to use reasonable corporal punishment against any pupil for good cause in order to maintain discipline and order within the schools, with the exception of the Calcasieu Parish Schools Headstart centers, and students with exceptionalities, as defined below.  Headstart guidelines prohibit teachers and administrators from engaging in corporal punishment, emotional or physical abuse or humiliation.  At no time shall corporal punishment be administered in the presence of another student.  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.

 

Therefore, the Calcasieu Parish School Board hereby authorizes its teachers and principals to employ, when necessary, corporal punishment in a reasonable manner to maintain discipline and order in the schools or at all school-sponsored activities, subject to the following regulations:

 

  1. Corporal punishment shall be administered in a reasonable, fair, and impartial manner.  Abuse or misuse of corporal punishment by the teacher or principal, especially the act of being malicious, with willful and deliberate intent to cause bodily harm, shall not be tolerated.

  2. Corporal punishment shall not be used unless the student was forewarned that a specific behavior could cause its use.

  3. Prior to the administering of corporal punishment, the student shall be given an opportunity to explain his or her version of the facts.

  4. Corporal punishment can only be administered in the company of a professional staff member who has been informed beforehand and in the student's presence of the reason for the punishment.

  5. 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 to the posterior anatomy (buttocks) in the area below the waist and above the thighs for a maximum of three (3) times.

  3. Corporal punishment shall be used only after other means of solving discipline problems have been explored and failed.

  4. The procedures specified in regulations above do not apply in those cases where the student's behavior is so blatant, disruptive, antisocial, or flagrant in nature as to shock the conscience.

  5. 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.

  6. The principal of each school shall have the authority and the responsibility of holding every member of his/her staff accountable for understanding and administering corporal punishment as set forth by these regulations.

 

For purposes of clarity, corporal punishment, as described herein, shall be defined as, and limited to, the administering of physical punishment by means of paddling or spanking the buttocks.  When physical punishment is administered, there is always the possibility of physical injury and subsequent legal ramifications.  Therefore, extreme caution should be employed when administering corporal punishment.

 

Nothing contained herein shall be interpreted as prohibiting an employee from using physical force, reasonable and appropriate under the circumstances, in defending himself against a physical attack by a student or to restrain a student from attacking another student or employee.

 

IMPERMISSIBLE CORPORAL PUNISHMENT

 

In instances where allegations of abuse of a student are reported against an employee, principal or other school official, through the administering of impermissible corporal punishment or any other moral offense, the Superintendent shall promptly investigate the action, in accordance with policy GAMC, Investigations.

 

Revised:  January, 2010

Revised:  December 12, 2017

 

 

Ref:    U.S. Constitution, Amend. XIII

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

La. Rev. Stat. Ann. §§17:81.6, 17:223, 17:235.1, 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)

Thompson v. Iberville Parish Sch. Bd., App. 1 Cir. 1979, 372 So. 2d 642, 374 So. 2d 650

Board minutes, 1-12-10, 12-12-17

 

Calcasieu Parish School Board