Corporal punishment -- A form of physical discipline that is intended to cause pain and fear and in which a student is spanked, paddled or hit on any part of the body with a hand or instrument.

(a) Corporal punishment is defined as physically punishing a student for an infraction of the discipline policy. Use of corporal punishment is prohibited. (b) Teachers and school authorities may use reasonable force under the following circumstances:

• (1) To quell a disturbance.
• (2) To obtain possession of weapons or other dangerous objects.
• (3) For the purpose of self-defense.
• (4) For the protection of persons or property.

(c) (5) School entities shall maintain and report data on the use of restraints as prescribed by the Secretary. The report shall be reviewed during cyclical compliance monitoring conducted by the Department.

(d) Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student's parents. Mechanical restraints shall prevent a student from injuring himself or others or promote normative body positioning and physical functioning.

(e) The following aversive techniques of handling behavior are considered inappropriate and may not be used by agencies in educational programs:

• (1) Corporal punishment.
• (2) Punishment for a manifestation of a student's disability.
• (3) Locked rooms, locked boxes or other structures or spaces from which the student cannot readily exit.
• (4) Noxious substances.
• (5) Deprivation of basic human rights, such as withholding meals, water or fresh air.
• (6) Suspensions constituting a pattern under § 14.143(a) (relating to disciplinary placement).
• (7) Treatment of a demeaning nature.
• (8) Electric shock.

(f) School entities have the primary responsibility for ensuring that positive behavior support programs are in accordance with this chapter, including the training of personnel for the use of specific procedures, methods and techniques, and for having a written policy and procedures on the use of positive behavior support techniques and obtaining parental consent prior to the use of restraints or intrusive procedures as provided in subsection (c).

(g) In accordance with their plans, agencies may convene a review, including the use of human rights committees, to oversee the use of restrictive or intrusive procedures or restraints.

(h) Subsequent to a referral to law enforcement, for students with disabilities who have positive behavior support plans, an updated functional behavior assessment and positive behavior support plan shall be required.

(e) The following aversive techniques of handling behavior are considered inappropriate and may not be used by charter schools or cyber charter schools in educational programs:

• (1) Corporal punishment.
• (2) Punishment for a manifestation of a student's disability.
• (3) Locked rooms, locked boxes or other locked structures or spaces from which the student cannot readily exit.
• (4) Noxious substances.
• (5) Deprivation of basic human rights, such as withholding meals, water or fresh air.
• (6) Suspensions constituting a pattern.
• (7) Treatment of a demeaning nature.
• (8) Electric shock.