Arkansas - Corporal Punishment: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
statute; regulation
Summary: 

State law permits the use of corporal punishment for disciplinary purposes.

2017 Arkansas Code 6-17-112. Corporal punishment -- Immunity from liability

(a) Teachers and administrators in a school district that authorizes use of corporal punishment in the school district's written student discipline policy shall be immune from any civil liability for administering corporal punishment to students, provided only that the corporal punishment is administered in substantial compliance with the school district's written student discipline policy.

(b) As used in subsection (a) of this section, "teachers and administrators" means those persons employed by a school district and required to have a state-issued license as a condition of their employment.


2017 Arkansas Code 6-18-516. Effective school discipline -- Definition

(b) (1) Annually, the Department of Education shall report at the school, school district, and state level the following data concerning exclusionary disciplinary actions, in-school suspensions, and corporal punishment:

  • (A) Number per one hundred (100) students for the entire population;
  • (B) Number per one hundred (100) students for any racial or ethnic subgroup required for accountability by the Every Student Succeeds Act, Pub. L. No. 114-95;
  • (C) Number per one hundred (100) students for economically disadvantaged students; and
  • (D) Number per one hundred (100) students for students with disabilities identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

2017 Arkansas Code 6-17-1113. School Worker Defense Program

(2) This section provides protection against civil liability, attorney's fees, and costs of defense for acts or omissions of each employee or volunteer in the performance of his or her duties as a volunteer or his or her official duties as a school employee, including civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents which occurred prior to July 1, 1999, and one hundred fifty thousand dollars ($150,000) for each incident which occurs after June 30, 1999.


2017 Arkansas Code 6-18-505. School Discipline Act

(a) This section may be cited as the "School Discipline Act".

(b) Every teacher is authorized to hold every pupil strictly accountable 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.

(c)

  • (1) Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.
  • (2) As used in subdivision (c)(1) of this section, "teachers and administrators" means those persons employed by a school district and required to have a state-issued educator license as a condition of their employment.

Arkansas Administrative Rules 005.15.11-003 Guidelines for the Development, Review and Revision of School District Student Discipline and School Safety Policies

4.00 GENERAL GUIDELINES AND MINIMUM REQUIREMENTS

  • 4.11 A school district that authorizes the use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, 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 shall be a teacher or an administrator employed by the school district.
    • 4.11.1 "Teachers and administrators" means those persons employed by a school district and required to have a state-issued license as a condition of their employment.
    • 4.11.2 Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.
      Arkansas Secretary of State

Arkansas Administrative Rules 005.15.11-003 Guidelines for the Development, Review and Revision of School District Student Discipline and School Safety Policies

4.00 GENERAL GUIDELINES AND MINIMUM REQUIREMENTS

  • 4.11 A school district that authorizes the use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, 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 shall be a teacher or an administrator employed by the school district.
    • 4.11.1 "Teachers and administrators" means those persons employed by a school district and required to have a state-issued license as a condition of their employment.
    • 4.11.2 Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.
      Arkansas Secretary of State

2017 Arkansas Code 6-18-503. Written student discipline policies required

(b)

  • (1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, 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 shall be a teacher or an administrator employed by the school district.

Arkansas Administrative Rules 005.01.14-002 Rules Governing the School Worker Defense Program and the School Worker Deference Program Advisory Board

5.0 SCHOOL WORKER DEFENSE PROGRAM

  • 5.02 The School Worker Defense Program is authorized, subject to governmental or statutory immunity and any exclusions or rules set forth herein, to protect any of the entities and individuals listed in Section 5.01 of these rules against civil liability, attorney's fees, and costs of defense 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 official duties as a school employee, including civil liability for administering corporal punishment to students, in the amount of:
    • 5.02.1 Two hundred fifty thousand dollars ($ 250,000) for incidents which occurred prior to July 1, 1999; and
    • 5.02.2 One hundred fifty thousand dollars ($ 150,000) for each incident which occurs after June 30, 1999.
      Arkansas Secretary of State

2017 Arkansas Code 6-18-505. School Discipline Act

(a) This section may be cited as the "School Discipline Act".

(b) Every teacher is authorized to hold every pupil strictly accountable 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.

(c)

  • (1) Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.
  • (2) As used in subdivision (c)(1) of this section, "teachers and administrators" means those persons employed by a school district and required to have a state-issued educator license as a condition of their employment.
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