Texas - Corporal Punishment: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

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

Texas Statutes Education Codes 37.011 Use of Corporal Punishment

(a) 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

  • (2) the use of restraint as authorized under Section 37.0021.

(b) If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student’s parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.

(c) To prohibit the use of corporal punishment as a method of student discipline, each school year a student’s parent or guardian or other person having lawful control over the student must provide a separate written, signed statement to the board of trustees of the school district in the manner established by the board.

(d) The student’s parent or guardian or other person having lawful control over the student may revoke the statement provided to the board of trustees under Subsection (c) at any time during the school year by submitting a written, signed revocation to the board in the manner established by the board.


Texas Statutes Education Code 25.007 Transition Assistance for Students who are Homeless or in Substitute Care

(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:

  • (10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child’s educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


Texas Statutes Education Code 22.0512 Immunity from Disciplinary Proceedings for Professional Employees

(a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee’s use of physical force against a student to the extent justified under Section 9.62, Penal Code.
(b) In this section, “disciplinary proceeding” means:

  • (1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee’s term contract; or

  • (2) an action brought by the State Board for Educator Certification to enforce the educator’s code of ethics adopted under Section 21.041(b)(8).

(c) This section does not prohibit a school district from:

  • (1) enforcing a policy relating to corporal punishment; or

  • (2) notwithstanding Subsection (a), bringing a disciplinary proceeding against a professional employee of the district who violates the district policy relating to corporal punishment.

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