North Dakota - Corporal Punishment: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law prohibits the use of corporal punishment for disciplinary purposes without exception.

North Dakota Century Code 15.1-19-02. Corporal punishment - Prohibition - Consistent policies.

  1. A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal punishment on a student.

  2. This section does not prohibit a school district employee from using the degree of force necessary:

    • a. To quell a physical disturbance that threatens physical injury to an individual or damage to property;
    • b. To quell a verbal disturbance;
    • c. For self-defense;
    • d. For the preservation of order; or
    • e. To obtain possession of a weapon or other dangerous object within the control of a student.
  3. For purposes of this section, corporal punishment means the willful infliction of physical pain on a student; willfully causing the infliction of physical pain on a student; or willfully allowing the infliction of physical pain on a student. Physical pain or discomfort caused by athletic competition or other recreational activities voluntarily engaged in by a student is not corporal punishment. A school board may not expand through policy the definition of corporal punishment beyond that provided by this subsection.

    • a. The board of each school district shall develop policies setting forth standards for student behavior, procedures to be followed if the standards are not met, and guidelines detailing how all incidents are to be investigated.
    • b. The board shall ensure that the policies, procedures, and guidelines applicable to all elementary schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle schools in the district are identical, and that the policies, procedures, and guidelines applicable to all high schools in the district are identical.
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