Utah School Discipline Laws & Regulations: Corporal Punishment

Discipline Compendium

Utah School Discipline Laws & Regulations: Corporal Punishment

Category: Conditions on Use of Certain Forms of Discipline
Subcategory: Corporal Punishment
State: Utah

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LAWS

§ 53G-8-301. Definitions.

As used in this part:

(1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a student as a disciplinary measure.

§ 53G-8-302. Prohibition of corporal punishment–Use of reasonable and necessary physical restraint.

(1) A school employee may not inflict or cause the infliction of corporal punishment upon a student.

§ 53G-8-303. Investigation of complaint–Confidentiality–Immunity.

(1)(a) The reporting and investigation requirements of Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements, apply to complaints on corporal punishment.

(b) If a violation is confirmed, school authorities shall take prompt and appropriate action, including in-service training and other administrative action, to ensure against a repetition of the violation.

(2) Reports made on violations of this part are subject to the same requirements of confidentiality as provided under Section 62A-4a-412.

(3) Any school or individual who in good faith makes a report or cooperates in an investigation by a school or authorized public agency concerning a violation of this part is immune from any civil or criminal liability that might otherwise result by reason of those actions.

§ 53G-8-304. Liability.

(1)(a) Corporal punishment which would, but for this part, be considered to be reasonable discipline of a minor under Section 76-2-401 may not be used as a basis for any civil or criminal action.

(b) A court of competent jurisdiction may take appropriate action against any employing entity if the court finds that the employing entity has not taken reasonable steps to enforce the provisions of this part.

(2) Civil or criminal action may proceed without hindrance in the case of corporal punishment which would not be reasonable discipline under Sections 53G-8-305 and 76-2-401.

§ 53G-8-305. Exception.

Behavior reduction intervention which is in compliance with Section 76-2-401 and with state and local rules adopted under Section 53E-7-204 is excepted from this part.

REGULATIONS

R277-217-2. Prohibited conduct by an educator.

An educator may not:

(9) use corporal punishment, excessive physical force, or inappropriate physical restraint, except as provided in Section 53G-8-302.

R277-608-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Sections 53G-8-301 through 53G-8-305, which provide guidelines for the use of reasonable and necessary physical restraint or force in educational settings.

(2) The purpose of this rule is to direct LEAs to have policies in place that prohibit corporal punishment consistent with the law.

R277-608-2. Definitions.

(1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure.

R277-608-3. Reporting requirements.

(1) Each LEA shall incorporate in the LEA plan submitted to the Superintendent annually, the prohibition of corporal punishment consistent with the law.

(2) An LEA policy shall include:

(a) a prohibition of corporal punishment consistent with the law;

(b) criteria and procedures for using appropriate behavior reduction intervention in accordance with federal and state law;

(c) appropriate sanctions for LEA employees who use corporal punishment; and

(d) appeal procedures for LEA employees disciplined for a violation of the LEA's policy.

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