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 LaSalle Parish School Board shall allow reasonable corporal punishment of unruly students. 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.  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.

 

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.

 

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.

 

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

 

  1. Corporal punishment in LaSalle Parish 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 by a school administrator taking into consideration the age, size, emotional condition and health of the student.

  2. 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.

  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 should never be used unless the student and parent(s) were 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; however, the fact that the student may explain his/her version of the facts shall not limit the authority of any school administrator to determine if misconduct has occurred and to decide upon and administer punishment therefore.

  6. Another certified teacher/principal must be present whenever corporal punishment is administered.

  7. Paddles used for the corporal punishment of students in ninth grade and above shall be no longer than twenty-one inches (21") long, no more than one-half inch (½") thick, and be between three to three and one-half inches (3"-3½") wide.  Paddles used for the corporal punishment of students below the ninth grade should be no longer than eighteen inches (18") long, no more than one-half inch (½") thick, and between three to three and one-half inches (3"-3½") wide.  The striking area of the paddle may not have holes or other alterations.  Paddling shall be applied on the buttocks only.

  8. 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.

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

 

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, Investigations.

 

Revised:  October 3, 2017

Revised:  September 1, 2023

 

 

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)

Board minutes, 11-4-76, 1-77, 11-7-90, 10-3-17, 9-1-23

 

LaSalle Parish School Board