FILE:  JDA

Cf:  GAMC, JG

 

CORPORAL PUNISHMENT

 

 

The teacher is authorized to hold every pupil 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 Vernon Parish School Board shall allow reasonable corporal punishment of unruly pupils.  If such punishment is required, it shall be administered with extreme care, tact and caution, and then only by the principal, assistant principal, or teacher 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.

 

Faculty members (professional employees) of the public schools of Vernon Parish may administer corporal punishment to any student under their jurisdiction, after said student has had an opportunity to make response to the accusation.  Such punishment may be administered for misbehavior while on the way to and from school, while at school, during any intermission or recess, or while at any school sponsored activity at school or away from school.

 

The punishment shall be just, reasonable, and deserved and shall consist of not more than six (6) blows on the buttocks with a paddle and shall be administered in the presence of a fellow faculty member.  Obtaining parental permission prior to administering the paddling is not necessary.

 

School principals, assistant principals or professional faculty members 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.

 

The faculty member administering the paddling shall keep a yearly record of such punishment, including dates, names of students paddled, number of licks and names of faculty or staff members serving as witnesses.  For each incident of corporal punishment, a Corporal Punishment Incidence Checklist shall be completed and maintained in the administrative offices of the school.  It shall be the responsibility of the person administering corporal punishment to file a copy of this report in the office of the school's principal and to retain a copy.  Forms for reporting shall be furnished by the Vernon Parish School Board.

 

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.

 

ALLEGATIONS OF IMPERMISSIBLE CORPORAL PUNISHMENT

 

Corporal punishment administered other than as outlined hereinabove shall be deemed and defined to be impermissible corporal punishment.  Any alleged act of impermissible corporal punishment and/or moral offenses involving students, or other moral offenses affecting students directly or indirectly, by a person or persons in the employ of the Vernon Parish School Board shall be reported immediately and directly to the Superintendent by the principals or through the principals of Vernon Parish Schools.  This includes alleged infractions of this policy by the principals themselves.  Such allegations also may be made by parents or guardians.  Any accusations involving employees using impermissible corporal punishment shall be promptly investigated, in accordance with provisions of policy GAMC, Investigations.

 

Nothing in this policy shall be construed as abridging or otherwise diminishing the rights afforded employees and students of due process as provided by law.  Further, this policy shall not be considered a defense in law against persons making false complaints against the Vernon Parish School Board and/or its employees.

 

Revised:  September, 2017

Revised:  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, 17:235.1, 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)

Thompson v. Iberville Parish SB, App.1 Cir. 1979, 372 So. 2d 642, 374 So. 2d 650

Board minutes, 10-7-76, 12-1-88, 10-10-17, 8-8-23

 

Vernon Parish School Board