(a) As used in this section:(1) “Corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure; and(2) “Reasonable force” means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and may include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
(1) “Corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure; and
(2) “Reasonable force” means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and may include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
(b) An employee of a public school or accredited nonpublic school may not inflict, or cause to be inflicted, corporal punishment upon a pupil, even if that employee acts at the direction of a child’s parent or guardian. An employee’s physical contact with the body of a pupil is not corporal punishment if it is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the employee uses reasonable force for the protection of the employee, the pupil, or other pupils to obtain the possession of a weapon or other dangerous object within a pupil’s control, or for the protection of property.
(c) Corporal punishment does not include the following:(1) Verbal recrimination or chastisement directed toward a pupil;(2) Reasonable requests or requirements of a pupil engaged in activities associated with physical education class or extracurricular athletics;(3) Detention in a seat, classroom or other part of a school facility, unless the detention is accomplished by the use of material restraints applied to the pupil;(4) Actions by an employee subject to this section toward a person who is not a pupil of the school; or(5) Using incidental, minor, or reasonable physical contact to maintain order and control.
(1) Verbal recrimination or chastisement directed toward a pupil;
(2) Reasonable requests or requirements of a pupil engaged in activities associated with physical education class or extracurricular athletics;
(3) Detention in a seat, classroom or other part of a school facility, unless the detention is accomplished by the use of material restraints applied to the pupil;
(4) Actions by an employee subject to this section toward a person who is not a pupil of the school; or
(5) Using incidental, minor, or reasonable physical contact to maintain order and control.
(d) A school employee who, in the reasonable course of the employee’s employment responsibilities, comes into physical contact with a pupil, is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves the following:(1) Encouraging or supporting the pupil;(2) Protecting the employee, the pupil or other pupils;(3) Obtaining possession of a weapon or other dangerous object within a pupil’s control;(4) Quelling a disturbance or preventing an act threatening physical harm to any person;(5) Removing a disruptive pupil from class or any area of the school premises, or from school-sponsored activities off school premises;(6) Preventing a pupil from the self-infliction of harm;(7) Self-defense;(8) Protecting school property; or(9) Any other legitimate educational activity.
(1) Encouraging or supporting the pupil;
(2) Protecting the employee, the pupil or other pupils;
(3) Obtaining possession of a weapon or other dangerous object within a pupil’s control;
(4) Quelling a disturbance or preventing an act threatening physical harm to any person;
(5) Removing a disruptive pupil from class or any area of the school premises, or from school-sponsored activities off school premises;
(6) Preventing a pupil from the self-infliction of harm;
(7) Self-defense;
(8) Protecting school property; or
(9) Any other legitimate educational activity.
(e) In determining the reasonableness of the physical force used by a school employee, the following factors must be applied:(1) The size and physical, mental, and psychological condition of the pupil;(2) The nature of the pupil’s behavior or misconduct provoking the use of physical force;(3) The instrumentality used in applying the physical force;(4) The extent and nature of resulting injury to the pupil if any; and(5) The motivation of the school employee using physical force.
(1) The size and physical, mental, and psychological condition of the pupil;
(2) The nature of the pupil’s behavior or misconduct provoking the use of physical force;
(3) The instrumentality used in applying the physical force;
(4) The extent and nature of resulting injury to the pupil if any; and
(5) The motivation of the school employee using physical force.
(f) The Department of Education shall adopt regulations to implement this section.