School corporal punishment is currently authorized in 19 states, and approximately 160,000 students are subjected to it in schools each year in these states. Because school physical punishment is mostly used in Southern states, and the federal government has not included corporal punishment in its recent initiatives to improve school discipline, public awareness of the subject is limited.
Teachers and administrators in a school district whose written student discipline policy authorizes the use of corporal punishment are immune from civil liability for administering corporal punishment to students, provided that the corporal punishment is administered in substantial compliance with the written student discipline policy.
Arkansas’s Policy on Corporal Punishment in Public Schools
Teachers and administrators may employ physical punishment on pupils if their district permits it under the state’s School Discipline Act. There is no further statutory guidance.
Additional information about physical punishment in Arkansas public schools can be found in the chart below. Related articles and resources, such as School Discipline History, can be found in FindLaw’s School Discipline area.
State rules on corporal punishment, which was previously the most common method of punishment in schools, vary widely. While some schools still use paddling or spanking as a form of discipline (often with the option for parents to opt out), most states now use other ways to keep the classroom in order, such as:
- Early dismissal of a student
- Meeting with the instructor and/or the principal after school
- A referral to a third-party counselor or treatment program is made.
- Suspension from school or detention after school
- Absenteeism from school (however, many districts are coming to the conclusion that this is counterproductive)
Related Resources for Arkansas Corporal Punishment (in Public Schools) Law
- Ten Commonly Asked Student Rights Questions
- State-by-State Laws on Corporal Punishment
- Emerging Theories on Discipline and Punishment
- Abuse of children
- Locate an Education Lawyer
SCHOOL WORKER DEFENSE PROGRAM AND THE SCHOOL WORKER DEFENSE PROGRAM ADVISORY BOARD
5.02 Subject to governmental or statutory immunity and any exclusions or rules set forth herein, the School Worker Defense Program is authorized to protect any of the entities and individuals listed in Section 5.01 of these rules from civil liability, attorney’s fees, and defense costs for acts or omissions of each employee.
Authorized volunteer, or volunteer in a registered volunteers program in the performance of his or her duties as a school volunteer or his or her duties as a school volunteer or his or her duties as a school volunteer 5.02.3 An employee or volunteer who uses corporal punishment on a child who is cognitively challenged, non-ambulatory, non-verbal, or autistic is not immune from civil liability, attorney’s fees, or defense costs.
GUIDELINES FOR THE DEVELOPMENT, REVIEW, AND REVISION OF SCHOOL DISTRICT STUDENT DISCIPLINE AND SCHOOL SAFETY POLICIES
4.11 A school district’s discipline policy that authorizes the use of corporal punishment must include provisions for its administration, such as that it be administered only for good reason, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or a school administrator and only in the presence of a school administrator or his or her designee, who must be a teacher or an administrator employed by the school district.
4.11.1 “Teachers and administrators” are people who work for a school system and are obliged to obtain a state-issued license as a condition of employment. 4.11.2 Any teacher or school administrator in a school district that authorizes the use of corporal punishment in the district’s written student discipline policy may use corporal punishment against any pupil in order to maintain discipline and order in the public schools, provided that the punishment is administered in accordance with the district’s written student discipline policy.
School Worker Defense Program
(A) This section protects each employee or volunteer from civil liability, attorney’s fees, and defense costs for acts or omissions in the performance of his or her official duties as a school employee, including without limitation civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents that occurred before July 1, 1999, and one million dollars ($1,000,000) for incidents that occurred after July 1, 1999.
(B) Under subsection (a)(2)(A), an employee or volunteer who administers corporal punishment to a child who is intellectually challenged, nonambulatory, nonverbal, or autistic is not protected from civil responsibility, attorney’s fees, or defense costs.
Corporal punishment — Immunity from responsibility
(1) Except as provided in subdivision (a)(2) of this section, teachers and administrators in a school district whose written student discipline policy authorizes the use of corporal punishment are immune from civil liability for administering corporal punishment to students if the corporal punishment is administered in substantial compliance with the written student discipline policy.
(2) A teacher or administrator in a school district whose written student discipline policy authorizes the use of corporal punishment is not immune from civil liability under subdivision (a)(1) of this section if he or she uses corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.
Student discipline policies must be written down
(1) A school district’s discipline policy must include provisions for the administration of corporal punishment, such as that it be used only for good reason, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who must be a teacher or school administrator employed by the sc.
(2) “Teacher or school administrator” means: (A) a person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator’s license issued by the State Board of Education; and (B) an unlicensed classroom teacher or administrator employed in a position under a licensure waiver.
(3) A school district that authorizes the use of corporal punishment under this section may not: (A) use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or (B) include a provision in its written student discipline policy that allows the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.
Definition of effective school discipline
(1) The Division of Elementary and Secondary Education shall annually publish the following data on exclusionary disciplinary measures, in-school suspensions, and corporal punishment at the school, school district, and state levels
(A) Number of students per 100 for the entire population;
(B) Number of students per 100 for any racial or ethnic subgroup required for accountability by the Every Student Succeeds Act, Pub. L. No. 114-95;
(C) Number of students per 100 for economically disadvantaged students; and
(D) Number of students per 100 for students with disabilities identified under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
1. Is corporal punishment permitted in Arkansas?
Physical punishment, often known as paddling, accounted for 6% of all disciplinary proceedings in Arkansas, which is one of 19 states that allows the use of corporal punishment in public schools.
2. Is spanking permissible in Arkansas?
R-District 12 Charles Beckham Only 19 states, including Arkansas, use physical punishment. In the end, the bill cleared the education committee today and will now be considered by the full Senate.
3. Which states permit the use of corporal punishment?
Corporal punishment is authorized in 19 states in the United States (Alabama, Arizona Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Wyoming).
4. Is physical punishment acceptable with parental consent?
The American Academy of Pediatrics recommends that parents, schools, and caregivers avoid from physically punishing children in any way, including spanking and paddling in schools. According to the AAP policy, corporal punishment is ineffective in the long run and has harmful consequences.
The purpose of this article is to fill a knowledge gap about school corporal punishment by describing the prevalence and geographic distribution of corporal punishment in U.S. public schools, as well as evaluating the extent to which schools disproportionately apply corporal punishment to Black, male, and disabled children. This policy paper is the first of its kind to examine the prevalence and inequities in the use of school corporal punishment at the school and district levels.
And this article booksinbloom.org will help you answer queries around the question: Is corporal punishment legal in arkansas?
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