FILE:  JDA

Cf:  GAMC, JGCE

 

CORPORAL PUNISHMENT

 

 

Every teacher is authorized to hold every student 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 East Feliciana Parish School Board shall allow reasonable corporal punishment of unruly students.  If such punishment is used, it shall be administered with care, tact, and caution.

 

The use of any form of corporal punishment is prohibited in any public school unless the student's parent or legal guardian provides written consent for the use of corporal punishment in a document created by the state Department of Education solely for such purpose.  Such consent applies only to the school year in which it is given.

 

No form of corporal punishment shall be administered to a student with an exceptionality 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.  However, the parent or legal guardian of a student who is gifted and talented and has no other exceptionality may authorize the use of corporal punishment as otherwise provided by this policy.

 

Pursuant to La. Rev. Stat. Ann. §17:416.21, corporal punishment:

 

  1. means using physical force to discipline a student, with or without an object.

  2. includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.

  3. 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.

 

In the East Feliciana Parish School System, corporal punishment shall be limited to punishing or correcting a student by striking the student on the buttocks with a paddle.  When such corporal punishment is administered to a student, it must be administered in a reasonable manner taking into consideration the age, size, emotional condition, and health of the student.  

 

The East Feliciana Parish School Board shall permit reasonable corporal punishment of students attending public schools in East Feliciana Parish in accordance with the following:

 

  1. Corporal punishment may be administered only by the principal, assistant principal, or the principal's designated representative and must be in the presence of a second school employee who shall be informed beforehand and in the student’s presence of the reason(s) for the punishment.

  2. At no time shall corporal punishment be administered in the presence of another student.

  3. Corporal punishment should never be used as the first line of punishment for misbehavior.  It should be used only after other methods have failed.

  4. Corporal punishment shall not be used unless the student and parent(s) are informed beforehand that specific misbehavior could occasion its use.  Corporal punishment shall not be used with students who are in the state's custody (foster children).

  5. Prior to the administering of corporal punishment, as is the case with other disciplinary measures, the student shall be advised of the particular misconduct of which he/she is accused as well as the basis for such accusation, and the student shall be given an opportunity to explain his/her version of the facts prior to the imposition of such corporal punishment.

  6. The school official who has adminis­tered corporal punishment shall provide the student’s parents or legal guardians, upon request, a written explanation of the reasons for same and the name of the second school employee who was present as a witness.

  7. For each incident of corporal punishment, a Corporal Punishment Incidence Checklist shall be completed and maintained in the administrative offices of the school.

 

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

 

Re-Adopted:  May 4, 1999

Re-Adopted:  February 6, 2018

Re-Adopted:  August 8, 2023

 

 

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, 10-3-78, 5-2-95, 5-4-99, 2-6-18, 8-8-23

 

East Feliciana Parish School Board