Monday, December 5, 2011

Corporal Punishment and Schools


The State Legislature once again broached the topic of corporal punishment in schools. Bottom line--school districts maintained the ability to use corporal punishment under a reasonable standard but what's new is that parents have the ability to opt-out of corporal punishment. Reference HB 359 (82nd Legislature).



The Legislature amended revised chapter 37 of the Education Code adding Section 37.0011 providing as follows:

  1. In this section, “corporal punishment” means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline. The term does not include:

  1. physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or

  1. the use of restraint as authorized under Section 37.0021.


Section 37.0011 continues to provide that ISDs may use corporal punishment so long as they have adopted a policy permitting corporal punishment but limited it by stating "unless" the parent or guardian has "previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.”


This opt-out concept is similar to that permitted with required vaccinations where parents can opt-out for reasons of conscience (www.dshs.state.tx.us/immunize/docs/EF11-13140.pdf), though this opt-out is filed with ISD. While parents can opt-out of corporal punishment, it requires an affirmative step to do so: it must be in writing, signed by the parent and must be provided to the ISD each school year.




But, while corporal punishment may be permitted, its unclear how many ISDs still employ it as an option and this article is not intended to endorse or encourage this disciplinary method. In any case, the Education Code (chapter 22) also places other restrictions on the practice that warrant careful consideration and observation. Please consult your school attorney for more specific guidance.