H 3314 General Bill, By J. Rama, J.J. Bailey, D.W. Beatty, W.S. Houck, 
M.F. Jaskwhich, H.H. Keyserling, C.Y. Waites, L.S. Whipper and Wilkes
 A Bill 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.

   01/24/91  House  Introduced and read first time HJ-7
   01/24/91  House  Referred to Committee on Education and Public
                     Works HJ-8
   04/25/91  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Education and Public Works HJ-54
   01/16/92  House  Debate adjourned until Thursday, January 30, 1992 HJ-30
   03/25/92  House  Debate adjourned until Thursday, March 26, 1992 HJ-64
   03/26/92  House  Debate interrupted HJ-47
   04/02/92  House  Tabled HJ-48

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.

A BILL

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.