Current Status Introducing Body:House Bill Number:3314 Primary Sponsor:Rama Type of Legislation:GB Subject:Corporal punishment Residing Body:House Date Tabled:Apr 02, 1992 Computer Document Number:DKA/3074.AL Introduced Date:Jan 24, 1991 Last History Body:House Last History Date:Apr 02, 1992 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:Rama Whipper Keyserling J. Bailey Houck Waites Jaskwhich Wilkes Beatty Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3314 House Apr 02, 1992 Tabled
3314 House Mar 26, 1992 Debate interrupted by
adjournment
3314 House Mar 25, 1992 Debate adjourned until
Thursday, March 26, 1992
3314 House Jan 16, 1992 Debate adjourned until
Thursday, January 30
3314 House Apr 25, 1991 Committee Report: majority 21
favorable, with amendment,
minority unfavorable
3314 House Jan 24, 1991 Introduced, read first time, 21
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 25, 1991
H. 3314
Introduced by REPS. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty
S. Printed 4/25/91--H.
Read the first time January 24, 1991.
To whom was referred a Bill (H. 3314), to amend Section 59-63-260, Code of Laws of South Carolina, 1976, relating to allowing corporal punishment in the public schools, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-63-260 of the 1976 code is amended to read:
"Section 59-63-260. The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper under the following conditions:
1. Corporal punishment may be administered only after less stringent measures such as counseling, parental conferences, and other forms of discipline have failed to produce the desired results, unless the conduct of a student is of such an extreme nature that corporal punishment is the only reasonable form of discipline under the circumstances.
2. Corporal punishment may be administered by the school principal or assistant principal.
3. Corporal punishment may only be administered with prior written consent of the parent or guardian.
4. The instrument to be used in administering corporal punishment must be approved by the board of trustees.
5. When corporal punishment is administered, it must be done in the presence of another certified district employee and shall take place in the principal's office or other place out of view of other students.
6. A disciplinary record must be maintained and shall contain the name of the student, the type of misconduct, any previous disciplinary actions, the type of corporal punishment administered, the name of the person administering the punishment, the names of witnesses present, and the date and time of punishment.
7. Corporal punishment must not be administered if the student refuses or resists. In such case, the student's parent must be notified and appropriate alternatives must be considered.
8. Handicapped students are not subject to corporal punishment by any employee of the district.
This authorization for corporal punishment under the conditions contained in this section does not prevent the use of:
(1) incidental, minor, or reasonable physical contact or other actions designed to maintain order and control;
(2) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property;
(3) reasonable and necessary force to prevent a student from inflicting physical harm on himself;
(4) reasonable and necessary force for self-defense or the defense of others; or
(5) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the student or within his control.
In determining whether a person was acting within the conditions provided in this section, consideration must be given to reasonable judgments at the time of the event which were made by a teacher, principal, or other person employed by a school district or employed in a school operated by the State.
For the purpose of this section `corporal punishment' means the intentional infliction of, or intentionally causing the infliction of, physical pain on a student as a punishment for disapproved behavior. This definition does not include physical pain or discomfort caused by participation in practice or competition in an interscholastic sport, or participation in physical education, or an extracurricular activity."
SECTION 2. This act takes effect July 1, 1991./
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
OLIN R. PHILLIPS RONALD P. TOWNSEND
For Majority. For Minority.
TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-260 of the 1976 Code is amended to read:
"Section 59-63-260. The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper.
No teacher, principal, or other person employed by a school district or employed in a school operated by the State may subject a student to corporal punishment. This prohibition of corporal punishment does not prevent the use of:
(1) incidental, minor, or reasonable physical contact or other actions designed to maintain order and control;
(2) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property;
(3) reasonable and necessary force to prevent a student from inflicting physical harm on himself;
(4) reasonable and necessary force for self-defense or the defense of others; or
(5) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the student or within his control.
In determining whether a person was acting within the exceptions provided in this section, consideration must be given to reasonable judgments at the time of the event which were made by a teacher, principal, or other person employed by a school district or employed in a school operated by the State.
For the purpose of this section, `corporal punishment' means the intentional infliction of, or intentionally causing the infliction of, physical pain on a student as a punishment for disapproved behavior. This definition does not include physical pain or discomfort caused by participation in practice or competition in an interscholastic sport, or participation in physical education, or an extracurricular activity."
SECTION 2. This act takes effect July 1, 1991.