S.B. 101

1

CORPORAL PUNISHMENT IN PUBLIC
2 SCHOOLS AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David H. Steele
6 AN ACT RELATING TO PUBLIC EDUCATION; REMOVING THE WRITTEN PERMISSION
7 EXCEPTION FOR INFLICTING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-11-802, as enacted by Chapter 251, Laws of Utah 1992
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53A-11-802 is amended to read:
13 53A-11-802. Prohibition of corporal punishment -- Use of reasonable and necessary
14 physical restraint or force.
15 (1) A school employee may not inflict or cause the infliction of corporal punishment upon
16 a child who is receiving services from the school[, unless written permission has been given by
17 the student's parent or guardian to do so].
18 (2) This section does not prohibit the use of reasonable and necessary physical restraint
19 or force in self defense or otherwise appropriate to the circumstances to:
20 (a) obtain possession of a weapon or other dangerous object in the possession or under the
21 control of a child;
22 (b) protect the child or another person from physical injury;
23 (c) remove from a situation a child who is violent or disruptive; or
24 (d) protect property from being damaged.
25 (3) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or permit
26 the commission of an act prohibited by this part is void and unenforceable.
27 (b) An employee may not be subjected to any sanction for failure or refusal to commit an

1 act prohibited under this part.
2 (4) A parochial or private school may exempt itself from the provisions of this section by
3 adopting a policy to that effect and notifying the parents or guardians of children in the school of
4 the exemption.




Legislative Review Note
as of 11-26-96 8:21 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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