Corporal punishment is defined as the intentional physical punishment of a student and is prohibited. It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain. No employee is prohibited from:
1. Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:
a) To quell a disturbance or prevent an act that threatens physical harm to any person.
b) To obtain possession of a weapon or other dangerous object within a pupil's control.
c) For the purposes of self‑defense or defense of others as provided for in Nebraska Statute 28-1409 and 1410.
d) For the protection of property as provided for in Nebraska Statute 28-1411.
e) To remove a disruptive pupil from class or any area of school premises or from school‑sponsored activities off school premises.
f) To protect a student from the self‑infliction of harm.
g) To protect the safety of others.
Using incidental, minor, or reasonable physical contact to maintain
order and control.
Reasonable physical force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The method used in applying the physical force.
4. The extent and nature of resulting injury to the student, if any;
5. The motivation of the school employee using physical force.
Upon request, the student's parents shall be given an explanation of the reasons for physical force.
It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Neb. Statute 28-1409 and 1410
Ingraham v. Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Cross Reference: 403.03 Abuse of Students by School District Employees
504 Student Rights and Responsibilities
505 Student Discipline
Policy COLUMBUS PUBLIC SCHOOLS
Adopted: 9/11/06 Columbus, Nebraska