Teachers and administrators in New Jersey public schools must deal with students who violate rules of conduct. Virtually all New Jersey school districts have policy manuals that define their disciplinary procedures, but when does classroom discipline go too far and constitute child abuse?
One method of discipline is corporal punishment, which uses physical force to correct or discipline a child, such as through spanking, slapping, or paddling. In 1867, New Jersey became the first state to prohibit corporal punishment in public schools. More than 100 years later, in 1977, the U.S. Supreme Court ruled it would remain legal for teachers or school administrators to spank or paddle students in states that chose not to prohibit it.
New Jersey's Department of Education still bans all forms of corporal punishment in the state's primary and secondary schools, and you should understand the rules and the potential consequences you could face if your use of disciplinary actions such as corporal punishment gets you into legal trouble.
What Is New Jersey's Policy on Disciplining Students through Corporal Punishment or Physical Restraint?
Although New Jersey strictly prohibits the use of corporal punishment in public schools, the state does allow teachers and administrators to use “reasonable and necessary” amounts of force to:
- Quell a disturbance that threatens others
- Attempt to gain possession of a weapon or other dangerous object from a student
- Defend themselves against a student's attack
- Protect others or school property
The term “force” is not fully defined, but as long as administrators, teachers, or staff are acting within the scope of their employment, they shouldn't face repercussions for disciplining or controlling an unruly student through physical means.
In certain situations, teachers, administrators, or staff may need to use physical restraint to keep a student from hurting themselves or others.
For students with disabilities, physical restraint should only be used in emergencies, and students should not be restrained in a prone position unless authorized by the student's primary care physician. District staff members should also undergo training in safe physical restraint techniques.
Any student placed in physical restraints must be closely monitored to ensure their safety and well-being, and each incident must be documented to help develop or improve the student's behavior intervention plan.
When Does Discipline Become Abuse?
Since New Jersey has zero tolerance for staff members to use corporal punishment outside the scope of their employment or in an unreasonable fashion, a teacher, administrator, or another school employee could face legal repercussions if they spank, slap, paddle, or otherwise physically strike a student to discipline them.
In these cases, school employees could face prosecution under New Jersey's child abuse laws for fourth-degree felony offenses for “inflicting unnecessarily severe corporal punishment upon a child” that causes physical, mental, or emotional impairment or risks the child becoming so impaired.
What Can I Do to Defend Myself?
If you were charged with child abuse for using corporal punishment to discipline a student, you need to consult an experienced criminal defense attorney right away. Attorney Joseph D. Lento and the Criminal Defense Team at the Lento Law Firm have many years of experience defending clients accused of child abuse. We can review your case, advise you of your options, and help you create a solid defense against the charges. Contact our Criminal Defense Team at (888) 535-3686 to discuss your options.