La. Admin. Code tit. 28 § CXV-1315

Current through Register Vol. 50, No. 9, September 20, 2024
Section CXV-1315 - Corporal Punishment
A. The LEA shall adopt such rules and regulations to permit or prohibit any form of corporal punishment in the schools under its jurisdiction.
1. The use of any form of corporal punishment is prohibited without prior parental written consent.
2. Such consent applies only to the school year in which it is given.
B. No form of corporal punishment shall be administered to a student with an exceptionality, excluding students identified as gifted and talented, as defined in R.S. 17:1942, or to a student who has been determined to be eligible for services under section 504 of the Rehabilitation Act of 1973 and has an individual accommodation plan.
C.Corporal Punishment - using physical force to discipline a student, with or without an object, and includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.
D. Corporal punishment does not include:
1. the use of reasonable and necessary physical restraint of a student to protect the student or others, from bodily harm or to obtain possession of a weapon or other dangerous object from a student; nor
2. the use of seclusion and restraint as provided in R.S. 17:416.21.
E. Each LEA shall adopt a policy establishing procedures for the investigation of employees accused of impermissible corporal punishment.
F. Each LEA shall collect and report corporal punishment data according to procedures established by the department.

La. Admin. Code tit. 28, § CXV-1315

Promulgated by the Board of Elementary and Secondary Education, LR 31:1284 (June 2005), amended LR 39:2212 (August 2013), Amended LR 432483 (12/1/2017), Amended LR 50177 (2/1/2024).
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:81.6, R.S. 17:223, and R.S. 17:416.1.