Category
Corporal Punishment
Category
Corporal Punishment
State law permits the use of corporal punishment for disciplinary purposes.
Louisiana Administrative Code 28 CXV 1315. Corporal Punishment
A. Each LEA shall have discretion in the use of corporal punishment. In those cases in which an LEA decides to use corporal punishment, the LEA shall adopt such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools under its jurisdiction.
B. No form of corporal punishment shall be administered to a student with an exceptionality, excluding students identified as gifted and talented, as defined in R.S. 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.
C. Corporal Punishment--using physical force to discipline a student, with or without an object, and includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.
D. Corporal punishment does not include:
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- 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; nor
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- the use of seclusion and restraint as provided in R.S. 17:416.21.
E. Each LEA shall adopt a policy establishing procedures for the investigation of employees accused of impermissible corporal punishment.
F. Each LEA shall collect and report corporal punishment data according to procedures established by the department.
Louisiana Administrative Code 28 CXV 303. General Powers of Local Educational Governing Authorities
H. Each local school board shall develop and adopt rules and policies regarding the dismissal and discipline of school employees including but not limited to the following issues:
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- dismissing teachers at any time a reduction in force is instituted by the school board;
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- dismissing school employees who have not attained tenure;
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- the investigation of employees accused of impermissible corporal punishment or moral offenses involving students;
Louisiana Administrative Code 28 CXXXIX 2803. Corporal Punishment
A. A charter school shall have discretion with respect to the use of corporal punishment; however, no form of corporal punishment shall be administered to a student with an exceptionality, excluding gifted and talented, as defined in R.S. 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.
B. Corporal Punishment--using physical force to discipline a student, with or without an object, and includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.
C. Corporal punishment does not include:
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- 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; or
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- the use of seclusion and restraint as provided in R.S. 17:416.21.
D. Should a charter school permit corporal punishment, the school shall adopt such rules and regulations necessary to implement and control such punishment.
Louisiana Administrative Code 28 XLIII 530. Authority of School Personnel
B. General
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- No form of corporal punishment shall be administered to a student with an exceptionality, excluding students identified as gifted and talented, as defined in R.S. 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.
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- Corporal Punishment--using physical force to discipline a student, with or without an object, and includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.
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- Corporal punishment does not include:
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a. 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;
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b. the use of seclusion and restraint as provided in R.S. 17:416.21.
Louisiana Revised Statutes 17:223. Discipline of pupils; suspension from school, corporal punishment
A. Every 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. B. (1) (a) 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. (b) Corporal punishment does not include: (i) 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. (ii) The use of seclusion and restraint as provided in R.S. 17:416.21.
Louisiana Revised Statutes 17:235.1. Parent orientation; local public school boards; guidelines.
B. Each local public school board shall conduct a parent orientation course according to the following guidelines: (1) The program shall be scheduled to accommodate the attendance of the parents or guardians without the loss of work. (2) All parents or guardians shall be encouraged to attend as many times as they wish. (3) The school board shall provide every parent or guardian who attends the program a certificate verifying completion of the course. (4) At the parent orientation meeting, the school board or its representative shall provide each parent or guardian a copy of and shall explain school board policies which: (a) Govern the discipline of students, including but not limited to corporal punishment, detention, suspension, and expulsion of students.
Louisiana Revised Statutes 17:416.1. Discipline of pupils; additional disciplinary authority
B. (1) (a) Corporal punishment means using physical force to discipline a 2 student, with or without an object. Corporal punishment includes hitting, paddling, 3 striking, spanking, slapping, or any other physical force that causes pain or physical 4 discomfort. (b) Corporal punishment does not include: (i) The use of reasonable and necessary physical restraint of a student to 7 protect the student, or others, from bodily harm or to obtain possession of a weapon 8 or other dangerous object from a student. (ii) The use of seclusion and restraint as provided in R.S. 17:416.21. (2) The governing authority of a public elementary or secondary school shall have discretion with respect to the use of corporal punishment; however, no form of corporal punishment shall be administered to a student with an exceptionality, excluding gifted and talented, as defined in R.S. 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. Each governing authority of a public elementary or secondary school shall adopt such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools under its jurisdiction.
Louisiana Revised Statutes 17:81.6. Investigation of employees; reporting of certain irregularities or improprieties; prohibited actions; penalties; remedies.
A. On or before January 1, 1989, each city and parish school board shall adopt a policy establishing the procedures for the investigation of employees accused of impermissible corporal punishment or moral offenses involving students. B. On or before January 1, 2002, each city, parish, and other local public school board shall adopt a policy establishing uniform procedures for the investigation of employees accused of irregularities or improprieties in the administration of standardized tests. C. Any public school employee, hereafter referred to in this Section as “employee”, who has cause to believe that irregularities or improprieties in the administration of standardized tests is occurring or has occurred may report such information directly to the state Department of Education, and the department may investigate such allegations. D. (1) No employee shall knowingly and willfully obstruct the procedures for receiving and investigating a report of irregularities or improprieties in the administration of standardized tests. Any person who violates the provisions of this Subsection shall be guilty of a misdemeanor offense and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. (2) An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by this Subsection. If the court finds the employer in violation of Paragraph (1) of this Subsection, the employee may recover from the employer all damages, reasonable attorney fees, and court costs. E. (1) No public school administrator or member of a governing authority of a public elementary or secondary school shall retaliate against an employee who in good faith participates in an investigation of irregularities or improprieties in the administration of standardized tests or reports such irregularities or improprieties to the state Department of Education or to any public school administrator or the governing authority. Any person who violates the provisions of this Subsection shall be guilty of a misdemeanor offense and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. (2) For purposes of this Subsection, “retaliation” shall include all of the following: (a) Discharging, demoting, or suspending an employee who reports any irregularities or improprieties in the administration of standardized tests. (b) Threatening, harassing, or discriminating against an employee who reports any irregularities or improprieties in the administration of standardized tests in any manner at any time provided the report is made in good faith. F. (1) No employee shall make a report of irregularities or improprieties in the administration of standardized tests knowing that the information therein is false. Any person who violates the provisions of this Subsection shall be guilty of a misdemeanor offense and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. (2) In any action to establish damages against a person who has made a false report of irregularities or improprieties in the administration of standardized tests as provided in Paragraph (1) of this Subsection, the plaintiff shall bear the burden of proving that the person who filed the false report knew that the report was false or that the report was filed with reckless disregard for the truth of the report. (3) A plaintiff who fails to meet his burden of proof as provided in Paragraph (2) of this Subsection shall pay all court costs and attorney fees of the defendant. (4) Nothing in this Section shall prohibit the governing authority of a public elementary or secondary school from taking any action authorized by law as to an employee who makes a false report of irregularities or improprieties in the administration of standardized tests.