Board of Education Policy 5314: Corporal Punishment

Corporal punishment by district employees is prohibited.

As used in this section, corporal punishment is defined as the use of physical force for the purpose of punishing a pupil, but does not include reasonable physical force for the following purposes:

1. to protect oneself from physical injury;

2. to protect another pupil or any other person from physical harm;

3. to protect district property or the property of others;

4. to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of district functions, powers or duties, if that pupil has refused to comply with a request to refrain from further disruptive acts.

Investigation of Complaints

Any complaint about the use of corporal punishment shall be submitted in writing to the Superintendent of Schools. This written complaint will be forwarded to the School Attorney within 7 (seven) days. The Superintendent shall investigate the complaint to determine whether an incident actually took place, and if so, to determine the identity of the person or persons who administered the corporal punishment, the identity of the student or students receiving the corporal punishment, reasons for the action and any other relevant facts or circumstances. Results of this investigation wil1 be forwarded to the School Attorney upon completion of the investigation.

Reports to Commissioner cf Education

Reports shall be submitted to the Commissioner of Education on or before January 15th and July 15th of each year concerning complaints about the use of corporal punishment during the six-month report:ing period. Such reports shall set forth the substance of each complaint, the results of the investigation and the action, if any, by the district.

Cross-ref: 5460, Suspected Child Abuse and Maltreatment

Ref: 8 NYCRR §100.2(1)(3)
Rules of the Board of Regents § 19 .5

Adopted: February 26, 1996