FILE:  JDA

Cf:  GAMC, JG

 

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 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.

 

The Catahoula Parish School Board shall allow reasonable corporal punishment of unruly pupils.  If such punishment is used, it shall be administered with care, tact, and caution.

 

Pursuant to La. Rev. Stat. Ann. §17:416.1, 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 Catahoula Parish School System, the instrument to be used to administer corporal punishment shall be issued to the principals by the School Board central office, and corporal punishment shall be limited to punishing or correcting a student by striking the student on the buttocks a maximum of five licks for students in grades K-6 and a maximum of ten licks for students in grades 7-12.  When such corporal punishment is administered to a student, it must be administered in a reasonable manner (taking into consideration age, size, emotional condition, and health of the student).

 

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

 

  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. Corporal punishment shall be administered only in a specific place designated by the principal.

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

  4. Corporal punishment may be administered to a student in lieu of giving him/her a short term suspension for the following violations:  insubordination, disruption of classes, disobedience, skipping class, smoking, fighting, disregard of the rights of others, breach of school bus rules, destroying public property, disrupting the lunchroom, obscene language, excessive tardiness to class, acts deemed by the principal sufficiently severe to warrant corporal punishment.

  5. Prior to the administering of corporal punishment, as is the case with other disciplinary measures, the principal, assistant principal, or the principal's designated representative shall advise the student 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. Corporal punishment should never be used as the first line of punishment for misbehavior.

  7. 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.

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

  9. An abbreviated copy of this policy on the use of corporal punishment shall be distributed to parents and students and shall become a part of the handbooks of individual schools.

 

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 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

 

Any accusations involving Catahoula Parish School Board employees using impermissible corporal punishment will be investigated in accordance with policy GAMC, Investigations.  Should any criminal investigation be conducted by the sheriff's office or the office of the District Attorney, school employees are directed to give their full cooperation.

 

Revised:  June 5, 2018

Revised:  September 5, 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, 4-4-89, 6-5-18, 9-5-23

 

Catahoula Parish School Board