This document addresses prohibition of corporal punishment

This document addresses prohibition of corporal punishment

(1) This rule is authorized by:

• (a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
• (b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and
• (c) Sections 53G-8-301 through 53G-8-305, which provide guidelines for the use of reasonable and necessary physical restraint or force in educational settings.

(2) The purpose of this rule is to direct LEAs to have policies in place that prohibit corporal punishment consistent with the law.

(1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure.

(1) Each LEA shall incorporate in the LEA plan submitted to the Superintendent annually, the prohibition of corporal punishment consistent with the law.

(2) An LEA policy shall include:

• (a) a prohibition of corporal punishment consistent with the law;
• (b) criteria and procedures for using appropriate behavior reduction intervention in accordance with federal and state law;
• (c) appropriate sanctions for LEA employees who use corporal punishment; and
• (d) appeal procedures for LEA employees disciplined for a violation of the LEA's policy.

(1) The Superintendent shall develop, review regularly, and provide to LEA boards model policies to address disruptive student behavior and appropriate consequences.

(2) The Superintendent shall provide technical assistance to LEAs in developing and implementing policies and training employees in the appropriate use of physical force and emergency safety interventions to the extent of resources available.

(3) "Physical restraint" means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student's arms, legs, body, or head freely.

(1) A school employee may not inflict or cause the infliction of corporal punishment upon a student.

(2) A school employee may use reasonable and necessary physical restraint in self defense or when otherwise appropriate to the circumstances to:

• (a) obtain possession of a weapon or other dangerous object in the possession or under the control of a student;
• (b) protect a student or another individual from physical injury;
• (c) remove from a situation a student who is violent; or
• (d) protect property from being damaged, when physical safety is at risk.

(3) Nothing in this section prohibits a school employee from using less intrusive means, including a physical escort, to address circumstances described in Subsection (2).

(1)

• (a) Corporal punishment which would, but for this part, be considered to be reasonable discipline of a minor under Section 76-2-401 may not be used as a basis for any civil or criminal action.
• (b) A court of competent jurisdiction may take appropriate action against any employing entity if the court finds that the employing entity has not taken reasonable steps to enforce the provisions of this part.

(2) Civil or criminal action may proceed without hindrance in the case of corporal punishment which would not be reasonable discipline under Sections 53G-8-305 and 76-2-401.