CHAPTER 17

FORMERLY

SENATE BILL NO. 15

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AND

HOUSE AMENDMENT NO.1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CORPORAL PUNISHMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §701(b) of Title 14 of the Delaware Code by inserting after the words “supervision of student” and before the “.”, the words “except as provided in §702”, and by deleting the number “(1)” as it appears in the second sentence and by deleting the phrase “, and (2) rendering corporal punishment where deemed reasonable and necessary. If corporal punishment is deemed necessary, it must be administered reasonably and in accordance with State or local board of education policy”.

Section 2. Amend §701(g) of Title 14, Delaware Code by deleting the “.” at the end of paragraph (1) and replacing it with the phrase “; and”, and by deleting in its entirety subsection “(2)”, and further by redesignating paragraph “(3)” as paragraph “(2)”.

Section 3. Amend §701(h) of Title 14, Delaware Code, by deleting the words “However, a district may ban corporal punishment.”

Section 4. Amend Chapter 7, Title 14 by adding a new Section 702 to read as follows:

Ҥ702. Corporal Punishment.

(a) ‘Corporal Punishment’ means the intentional infliction of physical pain which is used as a means of discipline. ‘Corporal punishment’ includes, but is not limited to, paddling and slapping, when used as a means of discipline.

(b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.

(c) Subsection (b) does not prohibit a public school teacher, administrator, official employee or agent of a school board from:

(1) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person;

(2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a pupil’s control;

(3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§464 & 465 of Title 11;

(4) Using reasonable and necessary force for the protection of property under §466 of Title 11;

(5) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself;

(6) Using reasonable and necessary force to protect the safety of others; or

(7) Using reasonable and necessary force to maintain order and control.

(d) In determining whether or not a person was acting within the exceptions in subsection (c), deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent.

(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a pupil enrolled in the school district.”

Approved April 15, 2003