§ 12.5. Corporal punishment.

 (a)  Corporal punishment is defined as physically punishing a student for an infraction of the discipline policy. Use of corporal punishment is prohibited.

 (b)  Teachers and school authorities may use reasonable force under the following circumstances:

   (1)  To quell a disturbance.

   (2)  To obtain possession of weapons or other dangerous objects.

   (3)  For the purpose of self-defense.

   (4)  For the protection of persons or property.

Authority

   The provisions of this §  12.5 amended under section 2603-B of the Public School Code of 1949 (24 P. S. §  26-2603-B).

Source

   The provisions of this §  12.5 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (293058).

Notes of Decisions

   Teacher Disability

   The pretermination procedures afforded a tenured school teacher, who, after being warned, continued to use excessive force on students in violation of the policy on corporal punishment, did not violate due process. Kramer v. Newman, 840 F.Supp. 325 (E. D. Pa. 1993); affirmed 16 F.2d 404 (3rd. Cir. (Pa.)).



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