What is the law regarding corporal punishment in school?
Full Question:
Answer:
MS law requires schools to have a code of conduct and enforce attendance policies and distribute them to parents. A parent, guardian or custodian of a compulsory-school-age child
enrolled in a public school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child.
Corporal punishment is statistically most prevalent in Mississippi schools 10 percent of the total school population were subjected to corporal punishment. For a discussion of corporal punshment, please see:
http://www.corpun.com/counuss.htm
http://www.nospank.net/n-q20r.htm
The following are MS statutes:
§ 37-11-53. School district discipline plans; appearance by parents,
guardians or custodians at discipline conferences; recovery from parents
for damage or destruction of school property; parent allowed to accompany
child to school as alternative to child's suspension.
(1) A copy of the school district's discipline plan shall be
distributed to each student enrolled in the district, and the parents,
guardian or custodian of such student shall sign a statement verifying
that they have been given notice of the discipline policies of their
respective school district. The school board shall have its official
discipline plan and code of student conduct legally audited on an annual
basis to insure that its policies and procedures are currently in
compliance with applicable statutes, case law and state and federal
constitutional provisions. As part of the first legal audit occurring
after July 1, 2001, the provisions of this section, Section 37-11-55 and
Section 37-11-18.1, shall be fully incorporated into the school
district's discipline plan and code of student conduct.
(2) All discipline plans of school districts shall include, but not be
limited to, the following:
(a) A parent, guardian or custodian of a compulsory-school-age child
enrolled in a public school district shall be responsible financially for
his or her minor child's destructive acts against school property or
persons;
(b) A parent, guardian or custodian of a compulsory-school-age child
enrolled in a public school district may be requested to appear at school
by the school attendance officer or an appropriate school official for a
conference regarding acts of the child specified in paragraph (a) of this
subsection, or for any other discipline conference regarding the acts of
the child;
(c) Any parent, guardian or custodian of a compulsory-school-age
child enrolled in a school district who refuses or willfully fails to
attend such discipline conference specified in paragraph (b) of this
section may be summoned by proper notification by the superintendent of
schools or the school attendance officer and be required to attend such
discipline conference; and
(d) A parent, guardian or custodian of a compulsory-school-age child
enrolled in a public school district shall be responsible for any
criminal fines brought against such student for unlawful activity
occurring on school grounds or buses.
(3) Any parent, guardian or custodian of a compulsory-school-age child
who (a) fails to attend a discipline conference to which such parent,
guardian or custodian has been summoned under the provisions of this
section, or (b) refuses or willfully fails to perform any other duties
imposed upon him or her under the provisions of this section, shall be
guilty of a misdemeanor and, upon conviction, shall be fined not to
exceed Two Hundred Fifty Dollars ($250.00).
(4) Any public school district shall be entitled to recover damages in
an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus
necessary court costs, from the parents of any minor under the age of
eighteen (18) years and over the age of six (6) years, who maliciously
and willfully damages or destroys property belonging to such school
district. However, this section shall not apply to parents whose parental
control of such child has been removed by court order or decree. The
action authorized in this section shall be in addition to all other
actions which the school district is entitled to maintain and nothing in
this section shall preclude recovery in a greater amount from the minor
or from a person, including the parents, for damages to which such minor
or other person would otherwise be liable.
(5) A school district's discipline plan may provide that as an
alternative to suspension, a student may remain in school by having the
parent, guardian or custodian, with the consent of the student's teacher
or teachers, attend class with the student for a period of time
specifically agreed upon by the reporting teacher and school principal. If
the parent, guardian or custodian does not agree to attend class with the
student or fails to attend class with the student, the student shall be
suspended in accordance with the code of student conduct and discipline
policies of the school district.
37-11-57. Immunity of school personnel from liability for carrying out
action in enforcing rules regarding control, discipline, suspension and
expulsion of students.
(1) Except in the case of excessive force or cruel and unusual
punishment, a teacher, assistant teacher, principal, or an assistant
principal acting within the course and scope of his employment shall not
be liable for any action carried out in conformity with state or federal
law or rules or regulations of the State Board of Education or the local
school board regarding the control, discipline, suspension and expulsion
of students. The local school board shall provide any necessary legal
defense to a teacher, assistant teacher, principal, or assistant
principal acting within the course and scope of his employment in any
action which may be filed against such school personnel. A school
district shall be entitled to reimbursement for legal fees and expenses
from its employee if a court finds that the act of the employee was
outside the course and scope of his employment, or that the employee was
acting with criminal intent. Any action by a school district against its
employee and any action by the employee against the school district for
necessary legal fees and expenses shall be tried to the court in the same
suit brought against the school employee.
(2) Corporal punishment administered in a reasonable manner, or any
reasonable action to maintain control and discipline of students taken by
a teacher, assistant teacher, principal or assistant principal acting
within the scope of his employment or function and in accordance with any
state or federal laws or rules or regulations of the State Board of
Education or the local school board does not constitute negligence or
child abuse. No teacher, assistant teacher, principal or assistant
principal so acting shall be held liable in a suit for civil damages
alleged to have been suffered by a student as a result of the
administration of corporal punishment, or the taking of action to
maintain control and discipline of a student, unless the court determines
that the teacher, assistant teacher, principal or assistant principal
acted in bad faith or with malicious purpose or in a manner exhibiting a
wanton and willful disregard of human rights or safety. For the purposes
of this subsection, "corporal punishment" means the reasonable use of
physical force or physical contact by a teacher, assistant teacher,
principal or assistant principal, as may be necessary to maintain
discipline, to enforce a school rule, for self-protection or for the
protection of other students from disruptive students.
§ 37-11-55. Code of student conduct.
The local school board shall adopt and make available to all teachers,
school personnel, students and parents or guardians, at the beginning of
each school year, a code of student conduct developed in consultation
with teachers, school personnel, students and parents or guardians. The
code shall be based on the rules governing student conduct and discipline
adopted by the school board and shall be made available at the school
level in the student handbook or similar publication. The code shall
include, but not be limited to:
(a) Specific grounds for disciplinary action under the school
district's discipline plan;
(b) Procedures to be followed for acts requiring discipline,
including suspensions and expulsion, which comply with due process
requirements;
(c) An explanation of the responsibilities and rights of students
with regard to: attendance; respect for persons and property; knowledge
and observation of rules of conduct; free speech and student
publications; assembly; privacy; and participation in school programs and
activities;
(d) Policies and procedures recognizing the teacher as the authority
in classroom matters, and supporting that teacher in any decision in
compliance with the written discipline code of conduct. Such recognition
shall include the right of the teacher to remove from the classroom any
student who, in the professional judgment of the teacher, is disrupting
the learning environment, to the office of the principal or assistant
principal. The principal or assistant principal shall determine the proper
placement for the student, who may not be returned to the classroom until
a conference of some kind has been held with the parent, guardian or
custodian during which the disrupting behavior is discussed and
agreements are reached that no further disruption will be tolerated. If
the principal does not approve of the determination of the teacher to
remove the student from the classroom, the student may not be removed
from the classroom, and the principal, upon request from the teacher,
must provide justification for his disapproval;
(e) Policies and procedures for dealing with a student who causes a
disruption in the classroom, on school property or vehicles, or at
school-related activities;
(f) Procedures for the development of behavior modification plans by
the school principal, reporting teacher and student's parent for a
student who causes a disruption in the classroom, on school property or
vehicles, or at school-related activities for a second time during the
school year; and
(g) Policies and procedures specifically concerning gang-related
activities in the school, on school property or vehicles, or at
school-related activities.
37-13-91.
(1) This section shall be referred to as the "Mississippi
Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or
the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a
parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a
child, other than a parent or guardian of the child.
(d) "School day" means not less than five (5) and not more than eight (8)
hours of actual teaching in which both teachers and pupils are in regular
attendance for scheduled schoolwork.
(e) "School" means any public school in this state or any nonpublic
school in this state which is in session each school year for at least
one hundred eighty (180) school days, except that the "nonpublic" school
term shall be the number of days that each school shall require for
promotion from grade to grade.
(f) "Compulsory-school-age child" means a child who has attained or
will attain the age of six (6) years on or before September 1 of the
calendar year and who has not attained the age of seventeen (17) years on
or before September 1 of the calendar year; and shall include any child
who has attained or will attain the age of five (5) years on or before
September 1 and has enrolled in a full-day public school kindergarten
program. Provided, however, that the parent or guardian of any child
enrolled in a full-day public school kindergarten program shall be
allowed to disenroll the child from the program on a one-time basis, and
such child shall not be deemed a compulsory-school-age child until the
child attains the age of six (6) years.
(g) "School attendance officer" means a person employed by the State
Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school
district, or his designee, or, in the case of a nonpublic school, the
principal or the headmaster.
(i) "Nonpublic school" means an institution for the teaching of
children, consisting of a physical plant, whether owned or leased,
including a home, instructional staff members and students, and which is
in session each school year. This definition shall include, but not be
limited to, private, church, parochial and home instruction programs.
(3) A parent, guardian or custodian of a compulsory-school-age child in
this state shall cause the child to enroll in and attend a public school or
legitimate nonpublic school for the period of time that the child is of
compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or
emotionally incapable of attending school as determined by the appropriate
school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a
course of special education, remedial education or education for
handicapped or physically or mentally disadvantaged children.
(c) When a compulsory-school-age child is being educated in a legitimate
home instruction program.
The parent, guardian or custodian of a compulsory-school-age child
described in this subsection, or the parent, guardian or custodian of a
compulsory-school-age child attending any nonpublic school, or the
appropriate school official for any or all children attending a nonpublic
school shall complete a "certificate of enrollment" in order to
facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office
of Compulsory School Attendance Enforcement of the State Department of
Education and shall be designed to obtain the following information only:
(i) The name, address, telephone number and date of birth of the
compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or
custodian of the compulsory-school-age child;
(iii) A simple description of the type of education the
compulsory-school-age child is receiving and, if the child is enrolled in
a nonpublic school, the name and address of the school; and
(iv) The signature of the parent, guardian or custodian of the
compulsory-school-age child or, for any or all compulsory-school-age
child or children attending a nonpublic school, the signature of the
appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school
attendance officer where the child resides on or before September 15 of
each year. Any parent, guardian or custodian found by the school
attendance officer to be in noncompliance with this section shall
comply, after written notice of the noncompliance by the school
attendance officer, with this subsection within ten (10) days after the
notice or be in violation of this section. However, in the event the
child has been enrolled in a public school within fifteen (15) calendar
days after the first day of the school year as required in
subsection (6), the parent or custodian may, at a later date, enroll the child in a
legitimate nonpublic school or legitimate home instruction program and
send the certificate of enrollment to the school attendance officer and
be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school or
legitimate home instruction program shall be those not operated or
instituted for the purpose of avoiding or circumventing the compulsory
attendance law.
(4) An "unlawful absence" is an absence during a school day by a
compulsory-school-age child, which absence is not due to a valid excuse for
temporary nonattendance. Days missed from school due to disciplinary
suspension shall not be considered an "excused" absence under this
section. This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary
nonattendance of a compulsory-school-age child enrolled in a public
school, provided satisfactory evidence of the excuse is provided to the
superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the
compulsory-school-age child's attendance at an authorized school activity
with the prior approval of the superintendent of the school district, or
his designee. These activities may include field trips, athletic
contests, student conventions, musical festivals and any similar
activity.
(b) An absence is excused when the absence results from illness or
injury which prevents the compulsory-school-age child from being
physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child
is ordered by the county health officer, by the State Board of Health or
appropriate school official.
(d) An absence is excused when it results from the death or serious
illness of a member of the immediate family of a compulsory-school-age
child. The immediate family members of a compulsory-school-age child
shall include children, spouse, grandparents, parents, brothers and
sisters, including stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental
appointment of a compulsory-school-age child.
(f) An absence is excused when it results from the attendance of a
compulsory-school-age child at the proceedings of a court or an
administrative tribunal if the child is a party to the action or under
subpoena as a witness.
(g) An absence may be excused if the religion to which the
compulsory-school-age child or the child's parents adheres, requires or
suggests the observance of a religious event. The approval of the absence
is within the discretion of the superintendent of the school district, or
his designee, but approval should be granted unless the religion's
observance is of such duration as to interfere with the education of the
child.
(h) An absence may be excused when it is demonstrated to the
satisfaction of the superintendent of the school district, or his
designee, that the purpose of the absence is to take advantage of a valid
educational opportunity such as travel, including vacations or other
family travel. Approval of the absence must be gained from the
superintendent of the school district, or his designee, before the
absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the
satisfaction of the superintendent of the school district, or his
designee, that conditions are sufficient to warrant the
compulsory-school-age child's nonattendance. However, no absences shall
be excused by the school district superintendent, or his designee, when
any student suspensions or expulsions circumvent the intent and spirit of
the compulsory attendance law.
(5) Any parent, guardian or custodian of a compulsory-school-age child
subject to this section who refuses or willfully fails to perform any of
the duties imposed upon him or her under this section or who
intentionally falsifies any information required to be contained in a
certificate of enrollment, shall be guilty of contributing to the neglect
of a child and, upon conviction, shall be punished in accordance with
Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a
compulsory-school-age child for violation of this section, the
presentation of evidence by the prosecutor that shows that the child has
not been enrolled in school within eighteen (18) calendar days after the
first day of the school year of the public school which the child is
eligible to attend, or that the child has accumulated twelve (12)
unlawful absences during the school year at the public school in which
the child has been enrolled, shall establish a prima facie case that the
child's parent, guardian or custodian is responsible for the absences and
has refused or willfully failed to perform the duties imposed upon him or
her under this section. However, no proceedings under this section shall
be brought against a parent, guardian or custodian of a
compulsory-school-age child unless the school attendance officer has
contacted promptly the home of the child and has provided written notice
to the parent, guardian or custodian of the requirement for the child's
enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school
within fifteen (15) calendar days after the first day of the school year
of the school which the child is eligible to attend or the child has
accumulated five (5) unlawful absences during the school year of the
public school in which the child is enrolled, the school district
superintendent or his designee shall report, within two (2) school days
or within five (5) calendar days, whichever is less, the absences to the
school attendance officer. The State Department of Education shall
prescribe a uniform method for schools to utilize in reporting the
unlawful absences to the school attendance officer. The superintendent,
or his designee, also shall report any student suspensions or student
expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure
enrollment and/or attendance of a compulsory-school-age child and is
unable to effect the enrollment and/or attendance, the attendance officer
shall file a petition with the youth court under Section 43-21-451 or
shall file a petition in a court of competent jurisdiction as it pertains
to parent or child. Sheriffs, deputy sheriffs and municipal law
enforcement officers shall be fully authorized to investigate all cases
of nonattendance and unlawful absences by compulsory-school-age
children, and shall be authorized to file a petition with the youth court
under Section 43-21-451 or file a petition or information in the court of
competent jurisdiction as it pertains to parent or child for violation of
this section. The youth court shall expedite a hearing to make an
appropriate adjudication and a disposition to ensure compliance with the
Compulsory School Attendance Law, and may order the child to enroll or
re-enroll in school. The superintendent of the school district to which
the child is ordered may assign, in his discretion, the child to the
alternative school program of the school established pursuant to
Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for
the purpose of reprimanding any school superintendents who fail to timely
report unexcused absences under the provisions of this section.
(9) Notwithstanding any provision or implication herein to the
contrary, it is not the intention of this section to impair the primary
right and the obligation of the parent or parents, or person or persons
in loco parentis to a child, to choose the proper education and training
for such child, and nothing in this section shall ever be construed to
grant, by implication or otherwise, to the State of Mississippi, any of
its officers, agencies or subdivisions any right or authority to
control, manage, supervise or make any suggestion as to the control,
management or supervision of any private or parochial school or
institution for the education or training of children, of any kind
whatsoever that is not a public school according to the laws of this
state; and this section shall never be construed so as to grant, by
implication or otherwise, any right or authority to any state agency or
other entity to control, manage, supervise, provide for or affect the
operation, management, program, curriculum, admissions policy or
discipline of any such school or home instruction program.