GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
H

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HOUSE BILL 295

Short Title:

Prohibit Corporal Punishment in Public Schs.

Sponsors:

Representatives Fisher and Johnson (Primary Sponsors).

(Public)

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Referred to:

Education - K-12, if favorable, Rules, Calendar, and Operations of the House
March 7, 2019

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A BILL TO BE ENTITLED
AN ACT TO PROHIBIT CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS.
Whereas, "corporal punishment" is defined in statute as "the intentional infliction of
physical pain upon the body of a student as a disciplinary measure"; and
Whereas, more than 80 research studies confirm that corporal punishment is not
associated with improvement in academic outcomes, but is associated with impeding students'
psychological and emotional development; and
Whereas, 31 states have enacted statutory bans on corporal punishment in public
schools; and
Whereas, none of this State's 115 local school administrative units currently allow the
use of corporal punishment; and
Whereas, the State Board of Education, the North Carolina Parent Teacher
Association, and virtually all professional and advocacy organizations related to children
recommend the prohibition of corporal punishment in public schools; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-390.4 reads as rewritten:
"§ 115C-390.4. Corporal punishment.punishment prohibited.
(a)
Each local board of education shall determine whether corporal punishment will be
permitted in its school administrative unit.Corporal punishment is prohibited. Notwithstanding a
local board of education's prohibition on the use of corporal punishment, the foregoing, school
personnel may use physical restraint in accordance with federal law and G.S. 115C-391.1 and
reasonable force pursuant to G.S. 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.
(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.

*H295-v-1*

 General Assembly Of North Carolina
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Session 2019

(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 local board of education 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."
SECTION 2. G.S. 115C-12(27) reads as rewritten:
"§ 115C-12. Powers and duties of the Board generally.
The general supervision and administration of the free public school system shall be vested
in the State Board of Education. The State Board of Education shall establish all needed rules
and regulations for the system of free public schools, subject to laws enacted by the General
Assembly. In accordance with Sections 7 and 8 of Article III of the North Carolina Constitution,
the Superintendent of Public Instruction, as an elected officer and Council of State member, shall
administer all needed rules and regulations adopted by the State Board of Education through the
Department of Public Instruction. The powers and duties of the State Board of Education are
defined as follows:
…
(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions,
and Alternative Placements. – The State Board shall report by March 15 of
each year to the Joint Legislative Education Oversight Committee on the
numbers of students who have dropped out of school, been subjected to
corporal punishment, been suspended, been expelled, been reassigned for
disciplinary purposes, or been provided alternative education services. The
data shall be reported in a disaggregated manner, reflecting the local school
administrative unit, race, gender, grade level, ethnicity, and disability status
of each affected student. Such data shall be readily available to the public. The
State Board shall not include students that have been expelled from school
when calculating the dropout rate. The Board shall maintain a separate record

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House Bill 295-First Edition

 General Assembly Of North Carolina
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Session 2019

of the number of students who are expelled from school and the reasons for
the expulsion.
…."
SECTION 3. G.S. 115C-107.7 reads as rewritten:
"§ 115C-107.7. Discipline, corporal punishment, Discipline and homebound instruction.
(a)
The policies and procedures for the discipline of students with disabilities shall be
consistent with federal laws and regulations.
(a1) Any corporal punishment administered on students with disabilities shall be
consistent with the requirements of G.S. 115C-390.4.
(b)
If a change of placement occurs under the discipline regulations of IDEA, a local
educational agency shall not assign a student to homebound instruction without a determination
by the student's IEP team that the homebound instruction is the least restrictive alternative
environment for that student. If it is determined that the homebound instruction is the least
restrictive alternative environment for the student, the student's IEP team shall meet to determine
the nature of the homebound educational services to be provided to the student. In addition, the
continued appropriateness of the homebound instruction shall be evaluated monthly by the
designee or designees of the student's IEP team.
(c)
A local educational agency shall be deemed to have a "basis of knowledge" that a
child is a child with a disability if, prior to the behavior that precipitated the disciplinary action,
the behavior and performance of the child clearly and convincingly establishes the need for
special education. Prior disciplinary infractions shall not, standing alone, constitute clear and
convincing evidence."
SECTION 4. G.S. 115C-276(r) reads as rewritten:
"§ 115C-276. Duties of superintendent.
…
(r)
To Maintain Student Discipline. – The superintendent shall maintain student
discipline in accordance with Article 27 of this Chapter and shall keep data on each student to
whom corporal punishment was administered, who was suspended for more than 10 days, who
was reassigned for disciplinary reasons, or who was expelled. This data shall include the race,
gender, age, grade level, ethnicity, and disability status of each student, the duration of
suspension for each student, whether alternative education services were provided for each
student, and whether a student had multiple suspensions in that academic year.
…."
SECTION 5. G.S. 115C-390.2(h) reads as rewritten:
"§ 115C-390.2. Discipline policies.
…
(h)
Board policies shall include the procedures to be followed by school officials in
suspending, expelling, or administering corporal punishment to suspending or expelling any
student, which shall be consistent with this Article.
…."
SECTION 6. G.S. 6-21.4 is repealed.
SECTION 7. This act is effective when it becomes law and applies beginning with
the 2019-2020 school year. Section 6 of this act does not apply to civil actions arising from the
use of corporal punishment prior to the effective date of this act.

House Bill 295-First Edition

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