Category
Corporal Punishment
Category
Corporal Punishment
State law prohibits the use of corporal punishment for disciplinary purposes without exception.
Corporal Punishment / OAR 581-021-0061
This document provides a summary of proposed change to the text surrounding corporal punishment
Oregon Administrative Rules 581-021-0060 Discipline Procedures Prohibition of Corporal Punishment
(2) No student in Oregon shall be subjected to corporal punishment in any public elementary or secondary school. A school administrator is not authorized to waive the prohibition against corporal punishment based upon the request of a parent or guardian.
Oregon Administrative Rules 581-021-0061 Corporal Punishment
(1) Corporal punishment is any act which willfully inflicts or willfully causes the infliction of physical pain on a student. (2) Corporal punishment does not include physical pain or discomfort resulting from or caused by:
- (a) Training for or participation in athletic competition voluntarily engaged in by a student;
- (b) Recreational activity voluntarily engaged in by a student;
- (c) Physical exertion shared by all students in a teacher directed class activity, which may include, but is not limited to, physical education exercises, field trips, or vocational education projects; or
- (d) Physical restraint or seclusion when used as provided in ORS 339.291 and OAR 581-021-0553.
Oregon Revised Statutes 339.250 Duty of student to comply with rules; policies on discipline suspension expulsion threats of violence or harm firearms and physical force; student handbook or code of conduct; enforcement of policies
(8) Each district school board shall adopt and disseminate written policies for the use of physical force upon a student. The policies must allow an individual who is a teacher, administrator, school employee or school volunteer to use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 to 339.303. (9) (a) The authority to discipline a student does not authorize the infliction of corporal punishment. Every resolution, bylaw, rule, ordinance or other act of a district school board, a public charter school or the Department of Education that permits or authorizes the infliction of corporal punishment upon a student is void and unenforceable. (b) As used in this subsection:
- (A) “Corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a student.
- (B) “Corporal punishment” does not include:
- (i) The use of physical force authorized by ORS 161.205 for the reasons specified therein; or
- (ii) Physical pain or discomfort resulting from or caused by participation in athletic competition or other such recreational activity, voluntarily engaged in by a student.