Legal Status of Paddling in Schools

Paddling Banned in Public Schools, Allowed in Private Schools

Alaska Administrative Code Title 4 Chapter 7 Section 10-c

  • Prohibited in public schools (1989)

Connecticut Penal Code Section 53a-18

  • Prohibited in public schools (1989) — No explicit prohibition of corporal punishment
  • Allowed in private schools

Delaware Code of Education Title 14 Chapter 7 Section 2

  • Prohibited in public schools (2003)
  • Allowed in private schools

District of Columbia Municipal Regulations Title 5-E Chapter 5-E24 Section 5-E2403.2  (download linked pdf)

  • Prohibited in public schools (1977)
  • Allowed in private schools

Hawaii Revised Statutes Chapter 302A Section 1141

  • Prohibited in public schools (1973)
  • Allowed in private schools

Illinois Compiled Statutes School Code Article 24 Section 24-24 

  • Prohibited in public schools (1993)
  • Allowed in private schools

S.F. 52; Iowa Code Title 7 Subtitle 6 Chapter 280.21

PDF Version

  • Prohibited in public schools (1989)
  • Prohibited in private schools (1989)

Maine Revised Statutes Criminal Code Title 17-A Part 1 Chapter 5 Section 106-2

  • No record of using paddling in public schools (1975) — No explicit prohibition of corporal punishment
  • Allowed in private schools

General Assembly of Maryland Statutes Education Article Title 7 Section 306

  • Prohibited in public schools (1993)
  • Allowed in private schools

House Bill 2388 and

General Laws of Massachusetts Part 1 Title 12 Chapter 71 Section 37G

  • Prohibited in public schools (1971)
  • Allowed in private schools

Michigan Compiled Laws Revised School Code Chapter 380 Section 1312.3

  • Prohibited in public schools (1989)
  • Allowed in private schools

H.F. 1387 and

Minnesota Statutes Chapter 121A Section 58

  • Prohibited in public schools (1989)
  • Allowed in private schools

Montana Code Title 20 Chapter 4 Part 3-02

  • Prohibited in public schools (1991)
  • Allowed in private schools

Nebraska Revised Statute Chapter 79 Section 295

  • Prohibited in public schools (1988)
  • Allowed in private schools

Senate Bill 354; Statutes of Nevada Chapter 625 Section 392.4633 (page 2622)

  • Prohibited in public schools (1993)
  • Allowed in private schools

New Hampshire Revised Statutes Annotated Title LXII Chapter 627 Section 627:6

No explicit prohibition of corporal punishment, but no reported use as of 2010

  • Allowed in public schools
  • Allowed in private schools

Permanent Statutes Title 18A Chapter 6-1

  • Prohibited in public schools (1867)
  • Prohibited in private schools (1867)

House Bill 172; New Mexico Statutes Chapter 22 Section 5-4.3

PDF Version

(Search 22-5-4.3)

  • Prohibited in public schools (2011)
  • Prohibited in charter schools (2011)
  • Allowed in private schools

New York Code Title 8 Chapter 1 Part 19.5

Prohibited in public, private, and charter schools

  • Prohibited in public schools (1985)
  • Prohibited in charter schools (1985)
  • Prohibited in private schools (1985)

1989 House Bill 1434

2009 Senate Bill 2289

North Dakota Century Code Title 15.1 Chapter 19

  • Prohibited in public schools (1989)
  • Allowed in private schools

Ohio Revised Code Title 33 Chapter 19.41A

 

 

  • Prohibited in public schools (2009)
  • Allowed in private schools

Code of Oregon Chapter 238 Section 1.9a; Oregon Revised Statutes Chapter 339 Section 250

  • Prohibited in public schools
  • Prohibited in public charter schools (1989)
  • Allowed in private schools

22 Pennsylvania Code Section 12.5

  • Prohibited in public schools (2005)
  • Allowed in private schools

Rhode Island Board of Regents’ Physical Restraint Regulations Section 3.6

  • Prohibited in public schools (1977)
  • Allowed in private schools

South Dakota Codified Laws Title 13 Chapter 32-2

No explicit prohibition of corporal punishment; No report of paddling since 1990

  • Legally Allowed (not used) in public schools
  • Allowed in private schools

Utah Code Title 53A Chapter 11 Part 8 Section 802

Prohibited in public schools unless written permission has been given by the student’s parent or guardian.

  • Prohibited in public schools (1992)
  • Allowed in private schools

Vermont Statutes Title 16 Chapter 25 Section 1161a(c)

Prohibited in public and approved independent schools

  • Prohibited in public schools (1985)
  • Prohibited in approved independent schools (1985)
  • Allowed in private schools

Senate Bill 942; Code of Virginia Title 22.1 Section 22.1-279.1

  • Prohibited in public schools (1989)
  • Allowed in private schools

Substitute House Bill 1064; Revised Code of Washington Chapter 28A Section 150.300

  • Prohibited in public schools (1993)
  • Allowed in private schools

Senate Bill 222; and

West Virginia Code Chapter 18A Article 5-1(e)

  • Prohibited in public schools (1994)
  • Allowed in private schools

Senate Bill 163; Wisconsin Act 303; Statute 118.31(2)

 

  • Prohibited in public schools (1988)
  • Allowed in private schools
Paddling Allowed in All School Settings

Alabama Code of Education, 16-28A-1: Legislative findings

“Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to and including corporal punishment as may be prescribed by the local board of education.”

Arizona Revised Statutes, 15-843 B (2): Pupil disciplinary proceedings

“The governing board of any school district, in consultation with the teachers and parents of the school district, shall prescribe rules for the discipline, suspension and expulsion of pupils. The rules shall be consistent with the constitutional rights of pupils and shall include at least the following:

(2) Procedures for the use of corporal punishment if allowed by the governing board.”

Arkansas Annotated Code

6-17-112a “Corporal punishment — Immunity from liability”:
“(a) Teachers and administrators in a school district that authorizes use of corporal punishment in the school district’s written student discipline policy shall be immune from any civil liability for administering corporal punishment to students, provided only that the corporal punishment is administered in substantial compliance with the school district’s written student discipline policy.”

6-18-503 “Written Student Discipline Policies Required”:

“(b) (1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or a school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or an administrator employed by the school district.”

6-18-505 “School Discipline Act”:

“(c) (1) Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district’s written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district’s written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.”

Delaware Code of Education Title 14 Chapter 7 Section 2

  • Prohibited in public schools (2003)
  • Allowed in private schools

District of Columbia Municipal Regulations Title 5-E Chapter 5-E24 Section 5-E2403.2  (download linked pdf)

  • Prohibited in public schools (1977)
  • Allowed in private schools

Hawaii Revised Statutes Chapter 302A Section 1141

  • Prohibited in public schools (1973)
  • Allowed in private schools

Illinois Compiled Statutes School Code Article 24 Section 24-24 

  • Prohibited in public schools (1993)
  • Allowed in private schools

S.F. 52; Iowa Code Title 7 Subtitle 6 Chapter 280.21

PDF Version

  • Prohibited in public schools (1989)
  • Prohibited in private schools (1989)

Maine Revised Statutes Criminal Code Title 17-A Part 1 Chapter 5 Section 106-2

  • No record of using paddling in public schools (1975) — No explicit prohibition of corporal punishment
  • Allowed in private schools

General Assembly of Maryland Statutes Education Article Title 7 Section 306

  • Prohibited in public schools (1993)
  • Allowed in private schools

House Bill 2388 and

General Laws of Massachusetts Part 1 Title 12 Chapter 71 Section 37G

  • Prohibited in public schools (1971)
  • Allowed in private schools

Michigan Compiled Laws Revised School Code Chapter 380 Section 1312.3

  • Prohibited in public schools (1989)
  • Allowed in private schools

H.F. 1387 and

Minnesota Statutes Chapter 121A Section 58

  • Prohibited in public schools (1989)
  • Allowed in private schools

Montana Code Title 20 Chapter 4 Part 3-02

  • Prohibited in public schools (1991)
  • Allowed in private schools

Nebraska Revised Statute Chapter 79 Section 295

  • Prohibited in public schools (1988)
  • Allowed in private schools

Senate Bill 354; Statutes of Nevada Chapter 625 Section 392.4633 (page 2622)

  • Prohibited in public schools (1993)
  • Allowed in private schools

New Hampshire Revised Statutes Annotated Title LXII Chapter 627 Section 627:6

No explicit prohibition of corporal punishment, but no reported use as of 2010

  • Allowed in public schools
  • Allowed in private schools

Permanent Statutes Title 18A Chapter 6-1

  • Prohibited in public schools (1867)
  • Prohibited in private schools (1867)

House Bill 172; New Mexico Statutes Chapter 22 Section 5-4.3

PDF Version

(Search 22-5-4.3)

  • Prohibited in public schools (2011)
  • Prohibited in charter schools (2011)
  • Allowed in private schools

New York Code Title 8 Chapter 1 Part 19.5

Prohibited in public, private, and charter schools

  • Prohibited in public schools (1985)
  • Prohibited in charter schools (1985)
  • Prohibited in private schools (1985)

1989 House Bill 1434

2009 Senate Bill 2289

North Dakota Century Code Title 15.1 Chapter 19

  • Prohibited in public schools (1989)
  • Allowed in private schools

Ohio Revised Code Title 33 Chapter 19.41A

 

 

  • Prohibited in public schools (2009)
  • Allowed in private schools

Code of Oregon Chapter 238 Section 1.9a; Oregon Revised Statutes Chapter 339 Section 250

  • Prohibited in public schools
  • Prohibited in public charter schools (1989)
  • Allowed in private schools

22 Pennsylvania Code Section 12.5

  • Prohibited in public schools (2005)
  • Allowed in private schools

Rhode Island Board of Regents’ Physical Restraint Regulations Section 3.6

  • Prohibited in public schools (1977)
  • Allowed in private schools

South Dakota Codified Laws Title 13 Chapter 32-2

No explicit prohibition of corporal punishment; No report of paddling since 1990

  • Legally Allowed (not used) in public schools
  • Allowed in private schools

Utah Code Title 53A Chapter 11 Part 8 Section 802

Prohibited in public schools unless written permission has been given by the student’s parent or guardian.

  • Prohibited in public schools (1992)
  • Allowed in private schools

Vermont Statutes Title 16 Chapter 25 Section 1161a(c)

Prohibited in public and approved independent schools

  • Prohibited in public schools (1985)
  • Prohibited in approved independent schools (1985)
  • Allowed in private schools

Senate Bill 942; Code of Virginia Title 22.1 Section 22.1-279.1

  • Prohibited in public schools (1989)
  • Allowed in private schools

Substitute House Bill 1064; Revised Code of Washington Chapter 28A Section 150.300

  • Prohibited in public schools (1993)
  • Allowed in private schools

Senate Bill 222; and

West Virginia Code Chapter 18A Article 5-1(e)

  • Prohibited in public schools (1994)
  • Allowed in private schools

Senate Bill 163; Wisconsin Act 303; Statute 118.31(2)

 

  • Prohibited in public schools (1988)
  • Allowed in private schools