H-3627.1  _______________________________________________

                          HOUSE BILL 2381

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Dunn and B. Thomas

Prefiled 01/09/98.  Read first time 01/12/98.  Referred to Committee on Education.

Changing the prohibition on corporal punishment in schools.

    AN ACT Relating to corporal punishment; adding a new section to chapter 28A.150 RCW; and repealing RCW 28A.150.300.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 28A.150 RCW to read as follows:

    (1) No teacher, principal, or other person employed by a school board or employed in a school may subject a student to corporal punishment.  This prohibition of corporal punishment shall not be deemed to prevent (a) the use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and control in the school or classroom; (b) the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (c) the use of reasonable and necessary force to prevent a student from inflicting physical harm on himself or herself; (d) the use of reasonable and necessary force for self-defense or the defense of others; or (e) the use of reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are upon the person of the student or within the student's control.

    (2) In determining whether a school employee was acting within the exceptions provided in this section, due deference shall be given to reasonable judgments made at the time of the event by the employee.  Employees acting within the guidelines of this section shall be free from disciplinary action by the local school board.

    (3) For the purposes of this section, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline.  This definition does not include physical pain, injury, or discomfort caused by the use of incidental, minor, or reasonable physical contact, other actions designed to maintain order and control, or the use of reasonable and necessary force, as permitted in subsection (1) of this section.

NEW SECTION. Sec. 2.  RCW 28A.150.300 and 1993 c 68 s 1 are each repealed.

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