S-4762               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6228

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Education (originally sponsored by Senators Kiskaddon, Rinehart and Bailey)

Read first time 2/4/88.

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

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

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

          Each school district board of directors shall adopt a written policy prohibiting the use of corporal punishment not later than September 1, 1988.  However, nothing in the policy shall 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.

        Sec. 2.  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. 3.     Section 2 of this act shall take effect July 1, 1988.