Corporal Punishment
The Board authorizes the use of corporal punishment as a disciplinary measure, under guidelines set out in this policy.
Each school shall determine whether
corporal punishment shall be utilized as a disciplinary measure at that school.
In SBDM schools, the school council shall make the determination; in other
schools, the Principal shall make the decision.
Definition
Corporal punishment refers to striking the student's buttocks with a paddle. No other form of corporal punishment may be administered.
Employees may use, within the scope of their employment, such physical restraint as may be reasonable and necessary to protect themselves, students, or others from physical injury; to obtain possession of a weapon or other dangerous object under the control of a student; or to protect property from serious harm.
Parental
Notification
Within one (1) school day of the occurrence, the Principal or designee shall notify the student's parents in writing that corporal punishment has been administered on their child.
Who
Can Administer
Corporal punishment may be administered by the Principal in the presence of another certified employee.
The Principal who administers corporal punishment shall be the same gender as the student being punished. If an adiministrator of the same gender is not assigned to the school, either the person who administers the corporal punishment or a witness shall be the same sex as the student.
Reason
Prior to punishment, and in the presence of the witness, the student shall be informed of the reason for the punishment and permitted to give his/her account of the incident or infraction.
Other
Pupils Not Present
Corporal punishment shall not be administered in the presence of other students.
Last
Resort
Corporal punishment is a last resort to be utilized only after other disciplinary means have been tried and found to be ineffective. Prior to exhibiting the misbehavior resulting in corporal punishment, the student shall have been made aware with documentation that the misbehavior could result in corporal punishment.
Not
Excessive
Corporal punishment shall not be excessive or unreasonable. Among the factors to be considered shall be the age, size, and health of the student.
Corporal Punishment
Excused
on Request
At the parent's written request, a student shall be excused from corporal punishment. When parents request that corporal punishment not be used with their child, other appropriate punishment, including suspension, shall be administered in lieu of corporal punishment.
Required
Records
Each use of corporal punishment shall be documented by a written record that includes the student's name and age; the name and the gender of person administering the punishment; and the name and gender of the witness.
The written record shall also include a complete narrative description of the circumstances requiring this punishment, including the misbehavior for which the punishment was administered and the severity of the punishment.
Students
With Disabilities
In cases which involve students with disabilities, the procedures mandated by federal and state law shall be followed.
References:
OAG 78-704; OAG 69-534; OAG 75-693
KRS 160.290; KRS 160.340; KRS 161.180; KRS 503.110
P.L. 105.17
Ingraham v. Wright, 430 U.S. 651 (1977)
09.43
09.431
Adopted/Amended: 04/23/98
Order #: 98-302