507 Procedure: Corporal Punishment and Prone Restraint

I.    Definition

Corporal punishment is conduct involving:

A.    Hitting or spanking a person with or without an object, or

B.    Unreasonable physical force that causes bodily harm or substantial emotional harm.

Prone restraint means holding a student in a face-down position.

II.    Corporal Punishment

A.    In the event a school district employee or agent strikes, hits, grabs or attempts to apply unreasonable force to a student, or in a violent rude or angry manner, touches or lays hands upon a student, the individual so acting will:

                  1.     Immediately notify the Principal of the incident.

                   2.     Submit a written report of the incident to the Principal prior to leaving the building for the day.

B.    Any school district employee or agent who witnesses an incident such as described in II.A. above will:

1.     Immediately notify the Principal of the incident.

2.     Report as directed in Policy and Procedure 414 – Mandated Reporting of Children and Vulnerable Adults.

C.    Upon receipt of a report of an incident such as described in II.A. above, the Principal will:

1.     Immediately notify the supervising Assistant Superintendent of Leadership Teaching and Learning (DLTL) and the Executive Director of Human Resources of the incident.

2.     Determine whether or not it is appropriate for the student and/or school district employee or agent to remain in class or at the job station.  When possible, the Principal will make this determination in consultation with the supervising Assistant Superintendent or Executive Director of Human Resources.

3.     Inform the student's parent/guardian immediately after reporting the incident to the supervising Assistant Superintendent of DLTL.

4.     Submit a written report of the incident to the supervising Assistant Superintendent of DLTL.

5.     Report as directed in Policy and Procedure 414 – Mandated Reporting of Maltreatment of Children and Vulnerable Adults.

III.    Permitted Restraint

A school district employee or agent may use reasonable force or a permitted restraint of a student under atypical or strenuous conditions and in accordance with Policy 543, Use of Restrictive Procedures as Behavioral Interventions.

IV.    Prohibitions

A.    An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct.

B.    An employee or agent of a district shall not use prone restraint.

C.    An employee or agent of a district shall not inflict any form of physical holding that restricts or impairs a pupil’s ability to breathe; restricts or impairs a pupil’s ability to communicate distress; places pressure or weight on a pupil’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil’s torso.

Conduct that violates this prohibition is not a crime under Minnesota Statutes, Section 645.241, but may be a crime under Minnesota Statutes, Chapter 609 if the conduct violates a provision of Minnesota Statutes, Chapter 609. Conduct that violates IV.1 above is not per se corporal punishment under the statute. Nothing in this Minnesota Statutes, Section 121A.58 or 125A.0941 precludes the use of reasonable force under Minnesota Statutes, Section 121A.582.

V.    Notification

Principals will review Policy 507 – Corporal Punishment with their staff annually during the preschool workshop.  This Policy 507 – Corporal Punishment will be referenced in building staff handbooks.

Legal References
M.S. 121A.58
M.S. 121A.582
M.S. 123B.25
M.S. 609.06, Subd. 1(6), (7)

Cross References
Policy 414 – Mandated Reporting of Maltreatment of Children and Vulnerable Adults