Text: SF02061 Text: SF02063 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 280.21, Code 1997, is amended to read
1 2 as follows:
1 3 280.21 CORPORAL PUNISHMENT – BURDEN OF PROOF.
1 4 1. An employee of an accredited public school district,
1 5 accredited nonpublic school, or area education agency shall
1 6 not inflict, or cause to be inflicted, corporal punishment
1 7 upon a student unless the board of directors of the school
1 8 district, the authorities in charge of the accredited
1 9 nonpublic school, or the board of directors of the area
1 10 education agency adopts a policy setting forth in specific
1 11 terms the conditions under which corporal punishment may be
1 12 inflicted. The board of directors of a school district and
1 13 the authorities in charge of a nonpublic school must approve a
1 14 corporal punishment policy adopted by the board of directors
1 15 of the area education agency that serves the school district
1 16 or nonpublic school before the area education agency policy
1 17 can be implemented in the school district or nonpublic school.
1 18 However, a policy adopted or approved under this subsection
1 19 shall not permit corporal punishment to be inflicted upon a
1 20 child requiring special education under section 299A.9. A
1 21 corporal punishment policy adopted or approved by the board of
1 22 directors of a school district or the authorities in charge of
1 23 a nonpublic school shall be published in the public school's
1 24 or the nonpublic school's student handbook.
1 25 2. For purposes of this section, "corporal punishment"
1 26 means the intentional physical punishment of a student. An
1 27 employee's physical contact with the body of a student shall
1 28 not be considered corporal punishment if it is reasonable and
1 29 necessary under the circumstances and is not designed or
1 30 intended to cause pain or if the employee uses reasonable
1 31 force, as defined under section 704.1, for the protection of
1 32 the employee, the student, or other students; to obtain the
1 33 possession of a weapon or other dangerous object within a
1 34 student's control; or for the protection of property. The
1 35 department of education shall adopt rules to implement this
2 1 section.
2 2 3. To prevail in a civil action alleging a violation of
2 3 this section the party bringing the action shall prove the
2 4 violation by clear and convincing evidence.
2 5 EXPLANATION
2 6 This bill permits an employee of an accredited public
2 7 school district or accredited nonpublic school to inflict, or
2 8 cause to be inflicted, corporal punishment upon a student if
2 9 the board of directors of the school district or the
2 10 authorities in charge of the nonpublic school adopt a policy
2 11 setting forth in specific terms the conditions under which
2 12 corporal punishment may be inflicted. The policy must be
2 13 published in each public school's and each nonpublic school's
2 14 student handbook.
2 15 Under the bill, an employee of an area education agency may
2 16 inflict, or cause to be inflicted, corporal punishment upon a
2 17 student if both of the following occur: the corporal
2 18 punishment is in accordance with a policy adopted by the area
2 19 education agency and approved by the board of directors of a
2 20 school district or the authorities in charge of a nonpublic
2 21 school in which the student is enrolled; and the school
2 22 district or the nonpublic school publishes the policy in the
2 23 public school's or the nonpublic school's student handbook.
2 24 The bill also provides that a corporal punishment policy
2 25 adopted or approved shall not permit corporal punishment to be
2 26 inflicted upon a child under competent private instruction who
2 27 requires special education services.
2 28 LSB 3110XS 77
2 29 kh/sc/14
Text: SF02061 Text: SF02063 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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