North Carolina General Statutes 115C-390.4. Corporal punishment
(a) Each governing body of a public school unit shall determine whether corporal punishment will be permitted in its public school unit. Notwithstanding a governing body’s prohibition on the use of corporal punishment, school personnel may use physical restraint in accordance with federal law and N.C. Gen. Stat. § 115C-391.1 and reasonable force pursuant to N.C. Gen. Stat. § 115C-390.3
(b) To the extent that corporal punishment is permitted, the policies adopted for the administration of corporal punishment shall include at a minimum the following:
(1) Corporal punishment shall not be administered in a classroom with other students present.
Terms Used In North Carolina General Statutes 115C-390.4
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Only a teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, or teacher who shall be informed beforehand and in the student’s presence of the reason for the punishment.
(3) A school person shall provide the student’s parent with notification that corporal punishment has been administered, and the person who administered the corporal punishment shall provide the student’s parent a written explanation of the reasons and the name of the second person who was present.
(4) The school shall maintain records of each administration of corporal punishment and the reasons for its administration.
(5) In no event shall excessive force be used in the administration of corporal punishment. Excessive force includes force that results in injury to the child that requires medical attention beyond simple first aid.
(6) Corporal punishment shall not be administered on a student whose parent or guardian has stated in writing that corporal punishment shall not be administered to that student. Parents and guardians shall be given a form to make such an election at the beginning of the school year or when the student first enters the school during the year. The form shall advise the parent or guardian that the student may be subject to suspension, among other possible punishments, for offenses that would otherwise not require suspension if corporal punishment were available. If the parent or guardian does not return the form, corporal punishment may be administered on the student.
(c) Each governing body of a public school unit shall report annually to the State Board of Education, in a manner prescribed by the State Board of Education, on the number of times that corporal punishment was administered. The report shall be in compliance with the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following:
(1) The number of students who received corporal punishment.
(2) The number of students who received corporal punishment who were also students with disabilities and were eligible to receive special education and related services under the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.
(3) The grade level of the students who received corporal punishment.
(4) The race, gender, and ethnicity of the students who received corporal punishment.
(5) The reason for the administration of the corporal punishment for each student who received corporal punishment. (2011-282, s. 2; 2022-74, s. 7.7(d).)