Utah Code 53G-8-302. Prohibition of corporal punishment — Use of reasonable and necessary physical restraint

53G-8-302. Prohibition of corporal punishment — Use of reasonable and necessary physical restraint.

(1)	A school employee may not inflict or cause the infliction of corporal punishment upon a student.

Corporal punishment: means the intentional infliction of physical pain upon the body of a student as a disciplinary measure. See Utah Code 53G-8-301
Physical escort: means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location. See Utah Code 53G-8-301
Physical restraint: means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student's arms, legs, body, or head freely. See Utah Code 53G-8-301
Property: includes both real and personal property. See Utah Code 68-3-12.5
School: means a public or private elementary school, secondary school, or preschool. See Utah Code 53G-8-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Student: means an individual who is:

(a)	under the age of 19 and receiving educational services; or

(b)

under the age of 23 and receiving educational services as an individual with a disability. See Utah Code 53G-8-301

(2)

A school employee may use reasonable and necessary physical restraint in self defense or when otherwise appropriate to the circumstances to:

(a)	obtain possession of a weapon or other dangerous object in the possession or under the control of a student;

(b)	protect a student or another individual from physical injury;

(c)	remove from a situation a student who is violent; or

(d)	protect property from being damaged, when physical safety is at risk.

(3)	Nothing in this section prohibits a school employee from using less intrusive means, including a physical escort, to address circumstances described in Subsection (2).

(4)

(a)	Any rule, ordinance, policy, practice, or directive which purports to direct or permit the commission of an act prohibited by this part is void and unenforceable.

(b)	An employee may not be subjected to any sanction for failure or refusal to commit an act prohibited under this part.

(5)	A parochial or private school that does not receive state funds to provide for the education of a student may exempt itself from the provisions of this section by adopting a policy to that effect and notifying the parents of students in the school of the exemption.

(6)	This section does not apply to a law enforcement officer as defined in Section 53-13-103.

Amended by Chapter 293, 2019 General Session