FILE:  JDA

 

CORPORAL PUNISHMENT

 

 

Corporal punishment for purposes and use in the Caldwell Parish School System is defined as, and limited to, punishment or correction of a student by spanking the student on the buttocks.  When such punishment is administered to a student, it must be administered reasonably and not with malice or for the purpose of revenge.  Consideration must be given to the age, size, emotional and physical health of the student.

 

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.

 

Parental approval of corporal punishment shall not be required prior to its administration; however, a parent's written request to restrict school authorities in the use of corporal punishment shall be honored.

 

Parents or guardians who restrict the school's use of corporal punishment shall assume all responsibility in assuring that the student's behavior at school is acceptable.

 

Corporal punishment should be administered as a matter of last resort after less stringent measures such as counseling and parental conferences have failed to produce the desired behavior changes.

 

Procedural due process, as in the case of other disciplinary measures, is required before the administration of any type of corporal punishment.

 

Corporal punishment may be administered by the principal or assistant principal or a classroom teacher after having obtained the permission of the principal.  The administration of every act of corporal punishment requires that a witness be present and that the punishment not be done in view of other students.

 

A record of each incident of corporal punishment (Corporal Punishment Incidence Checklist) shall be kept which shall include the name of the student, the time, date, and details of the violation, form of discipline administered, the person administering such discipline and the witnesses thereto.

 

Upon request of the parent or legal guardian, the principal or assistant principal shall notify the parent or guardian of the student of such violation and punishment in accordance with established School Board policy.

 

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.

 

 

Ref:    U.S. Constitution, Amend. XIII

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

La. Rev. Stat. Ann. ยงยง17:81.6, 17:416

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

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

Board minutes, 6-19-97

 

Caldwell Parish School Board