SB852: Public schools; definition of corporal punishment, exception.
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-279.1 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-279.1. Corporal punishment prohibited.
A. No teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth shall subject a student to corporal punishment. This prohibition of corporal punishment shall not be deemed to prevent (i) the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property; (iii) the use of reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) the use of reasonable and necessary force for self-defense or the defense of others; or (v) the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the student or within his control.
B. In determining whether a person was acting within the exceptions
provided in this section, due deference shall be given to reasonable judgments
at the time of the event which that were made by a teacher,
principal or other person employed by a school board or employed in a school
operated by the Commonwealth.
C. For the purposes of this section, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline. [ This definition shall not include physical activities prescribed as part of an accredited high school athletic program. ]
This definition shall not include physical pain, injury or
discomfort caused by the use of incidental, minor or reasonable physical
contact or other actions designed to maintain order and control as permitted in
subdivision clause (i) of subsection A of this section or the
use of reasonable and necessary force as permitted by subdivisions
clauses (ii), (iii), (iv), and (v) of subsection A of this section,
or by participation in practice or competition in an interscholastic sport, or
participation in physical education or an extracurricular activity.
[ D. Notwithstanding the provisions of subsections A,
B, and C, an athletic coach may require a student-athlete to participate in
conditioning or exercise, such as performing push-ups or running laps, as part
of a disciplinary process if the student-athlete and his parent have signed a
form that (i) enumerates actions, such as being late to or missing a practice,
that would result in discipline involving conditioning or exercise; (ii)
specifies the required conditioning or exercise for each action that would
result in discipline; and (iii) acknowledges that the student-athlete and his
parent understand and accept the disciplinary process.
2. That this act is declaratory of existing law. ]
SENATE BILL NO. 852
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-279.1 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-279.1. Corporal punishment prohibited.
A. No teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth shall subject a student to corporal punishment. This prohibition of corporal punishment shall not be deemed to prevent (i) the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property; (iii) the use of reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) the use of reasonable and necessary force for self-defense or the defense of others; or (v) the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the student or within his control.
B. In determining whether a person was acting within the
exceptions provided in this section, due deference shall be given to reasonable
judgments at the time of the event which that were made by a teacher,
principal or other person employed by a school board or employed in a school
operated by the Commonwealth.
C. For the purposes of this section, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline.
This definition shall not include physical pain, injury or
discomfort caused by the use of incidental, minor or reasonable physical
contact or other actions designed to maintain order and control as permitted in subdivision clause (i) of subsection A of this section or the use of
reasonable and necessary force as permitted by
subdivisions clauses
(ii), (iii), (iv), and (v) of subsection A of this
section, or by participation in practice or competition in
an interscholastic sport, or participation in physical education or an
extracurricular activity.
D. Notwithstanding the provisions of subsections A, B, and C, an athletic coach may require a student-athlete to participate in conditioning or exercise, such as performing push-ups or running laps, as part of a disciplinary process if the student-athlete and his parent have signed a form that (i) enumerates actions, such as being late to or missing a practice, that would result in discipline involving conditioning or exercise; (ii) specifies the required conditioning or exercise for each action that would result in discipline; and (iii) acknowledges that the student-athlete and his parent understand and accept the disciplinary process.