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Corporal Punishment

 

Name of District:

SUNFLOWER COUNTY CONSOLIDATED SCHOOL DISTRICT

Policy Number:

JDB

Name of Policy: CORPORAL PUNISHMENT

Revised: July 2014

                        

CORPORAL PUNISHMENT

Reasonable corporal punishment of a student is permitted as a disciplinary measure in order to preserve an effective educational environment which is free from disruption and is conducive to furthering the educational mission of theSUNFLOWER COUNTY CONSOLIDATED SCHOOL DISTRICT School Board.  The superintendent shall establish and enforce rules and regulations governing the administration of corporal punishment which are consistent with the following requirements:

1.  Corporal punishment shall be administered only after less stringent measures such as counseling, parental conferences and other forms of discipline have failed to produce the desired results, unless the conduct of a student is of such an extreme nature that corporal punishment is the only reasonable form of discipline under the circumstances.

2.  Any corporal punishment shall be reasonable and moderate and may not be administered maliciously or for the purpose of revenge.  Such factors as the size, age and condition of the student, the type of instrument to be used, and the amount of force to be used and the part of the body to be struck shall be considered before administering any corporal punishment.

3.  Corporal punishment may be administered by the school principal, assistant principal, or a teacher.

4.  When corporal punishment is administered, it shall be done in the presence of another school employee.

Except in the case of excessive force or cruel and unusual punishment, a teacher, principal or assistant principal shall not be civilly or criminally liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the school board regarding the control, discipline, suspension and expulsion of students.  The local school board shall provide any necessary legal defense to a teacher, principal or assistant principal in any action which may be filed against such school personnel.

Corporal punishment administered in a reasonable manner by a teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local school board does not constitute assault, simple assault, aggravated assault, battery, negligence or child abuse.  No teacher, principal or assistant principal so acting shall be named as an individual defendant or be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, unless the court determines that the teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety.

Corporal punishment means the reasonable use of physical contact by a teacher, principal or assistant principal as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.  Corporal punishment in the form of paddling shall be witnessed at all times by at least one (1) school employee. MS Code §37-11-57 (1997)

 

 

LEGAL REF.: MS Code §37-11-57 and MS Code §11-46-9 (1) (x)

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

CROSS REF.: Policy JCD-2 - Student Conduct – Discipline Plan

 

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