S-3956               _______________________________________________

                                                   SENATE BILL NO. 6228

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Kiskaddon, Rinehart and Bailey

Read first time 1/14/88 and referred to Committee on Education.

AN ACT Relating to corporal punishment in public schools; amending RCW 9A.16.100; adding new sections to Title 28A RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) Beginning with the 1990-91 school year, school districts and school district employees shall not use or authorize the use of corporal punishment as a means of disciplining students within the public schools.  For purposes of this section corporal punishment includes hitting, spanking, slapping, or striking a student.  This section does not prohibit the use of physical restraint when reasonable and necessary to protect any person from physical injury or to prevent the commission of a crime.

          (2) Each school district board of directors shall develop and implement a positive discipline policy that:

          (a) Promotes dignity and respect for teachers, students, administrators, and all other school employees;

          (b) Assures orderly classrooms and a positive learning environment for all students; and

          (c) Enables teachers and students to devote their time and energy in the classroom to instruction and learning, respectively.

NEW SECTION. Sec. 2.     Before July 1, 1990, the superintendent of public instruction shall collect and disseminate to school districts information and training materials on positive discipline techniques to substitute for corporal punishment.  School districts shall prepare and administer a program of teacher and staff training in crisis intervention and positive discipline techniques.  The training program shall be offered to all teachers and staff before the commencement of the 1990-91 school year.

        Sec. 3.  Section 1, chapter 149, Laws of 1986 and RCW 9A.16.100 are each amended to read as follows:

          It is the policy of this state to protect children from assault and abuse and to encourage parents((, teachers,)) and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children.  However, the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent((, teacher,)) or guardian for purposes of restraining or correcting the child.  Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.

          The following actions are presumed unreasonable when used to correct or restrain a child:         (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks.  The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate.  This list is illustrative of unreasonable actions and is not intended to be exclusive.

NEW SECTION. Sec. 4.     Sections 1 and 2 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 5.     Section 3 of this act shall take effect July 1, 1990.