Section 7.2 Corporal Punishment

• Library: School Law (2003 Ed. + 2016 Supp)

A. (§7.2) Corporal Punishment

Teachers have long possessed the common-law right to inflict reasonable corporal punishment on students in order to maintain control and discipline. Haycraft v. Grigsby, 88 Mo. App. 354 (E.D. 1901). School boards, however, may adopt policies and regulations prohibiting corporal punishment completely or imposing reasonable restrictions on teachers, such as requiring written parental consent or prescribing precisely how the punishment shall be administered. Section 171.011, RSMo 2000. Districts must publish their determination on the use of corporal punishment in their discipline policy. Section 160.261.1, RSMo Supp. 2002. The policy must also contain procedures through which corporal punishment will be applied. Id.; Bd. of Educ., Mt. Vernon Schs. v. Shank, 542 S.W.2d 779 (Mo. banc 1976). A teacher can be disciplined or dismissed for failure to comply with such regulations. Board of Educ., Mt. Vernon Schs.

The United States Supreme Court held that a student’s constitutional due process rights come into play when a student is subjected to corporal punishment by school officials. But no prior hearing is required because common-law, after-the-fact tort remedies are sufficient for due process purposes. Ingraham v. Wright, 430 U.S. 651, 672 (1977). Notice and a hearing are not required before the administration of this type of...