Louisiana - Corporal Punishment: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Regulation
Summary: 

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

Louisiana Administrative Code 28 XLIII 530 Authority of School Personnel

B. General

    1. 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.
    1. 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.
    1. Corporal punishment does not include:
    • 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;

    • b. the use of seclusion and restraint as provided in R.S. 17:416.21.


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:

    1. dismissing teachers at any time a reduction in force is instituted by the school board;
    1. dismissing school employees who have not attained tenure;
    1. 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:

    1. 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
    1. 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 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:

    1. 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
    1. 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 1113 Orientation for Parents of First-Time Students

B. Each local educational governing authority shall conduct a parent orientation course according to the following guidelines.

    1. At the parent orientation meeting, the local educational governing authority 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;
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