Senate Bill No. 4

Introduced By emerson

A Bill for an Act entitled: "An Act Reinstituting School Discipline policy That Existed Prior to 1991 by Authorizing a Teacher or Principal to Use Corporal Punishment without Undue Anger to maintain the Orderly Conduct of a Pupil; requiring the presence of a witness during administration of corporal punishment; requiring prior notification of a parent or guardian except in cases of open and flagrant defiance; providing that maltreatment or abuse of a pupil by a teacher or principal is a misdemeanor; amending section

20-4-302, MCA; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 20-4-302, MCA, is amended to read:

"20-4-302.   Discipline and punishment of pupils -- definition of corporal punishment -- penalty -- defense Authority of teacher or principal over pupils -- undue punishment. (1) A teacher or principal has the authority to hold a pupil to a strict accountability for disorderly conduct in school, on the way to or from school, or during intermission or recess.

(2)  For the purposes of this section, "corporal punishment" means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.

(3)  A person who is employed or engaged by a school district may not inflict or cause to be inflicted corporal punishment on a pupil.

(4)  (a) A person who is employed or engaged by a school district may use physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary to:

(i)  quell a disturbance;

(ii) provide self-protection;

(iii) protect the pupil or others from physical injury;

(iv) obtain possession of a weapon or other dangerous object on the person of the pupil or within control of the pupil;

(v)  maintain the orderly conduct of a pupil including but not limited to relocating a pupil in a waiting line, classroom, lunchroom, principal's office, or other on-campus facility; or

(vi) protect property from serious harm.

(b)  Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not constitute corporal punishment as long as the restraint is reasonable and necessary. Whenever a principal considers it necessary to inflict corporal punishment in order to maintain the orderly conduct of a pupil, the principal shall administer the corporal punishment without undue anger and only in the presence of a witness. Before any corporal punishment is administered, the parent or guardian must be notified of the principal's intention to punish the child. However, in cases of open and flagrant defiance of the teacher, principal, or authority of the school, the teacher or principal may administer corporal punishment without giving the required notice.

(5)(2)  A teacher in a district employing neither a district superintendent nor a principal at the school where the teacher is assigned has the authority to suspend a pupil for good cause and to administer corporal punishment without undue anger in the presence of a witness. When either a district superintendent or a school principal is employed, only the superintendent or principal has the authority to suspend a pupil for good cause. Whenever a teacher suspends a pupil, the teacher shall notify the trustees and the county superintendent immediately of the action.

(6)(3)  A teacher has the duty to report the truancy or incorrigibility of a pupil to the district superintendent, the principal, or the trustees, or the county superintendent, whichever is applicable.

(7) If a person who is employed or engaged by a school district uses corporal punishment or more physical restraint than is reasonable or necessary, the person

(4) A teacher or principal who maltreats or abuses a pupil by administering any undue or severe punishment is guilty of a misdemeanor and, upon conviction of the misdemeanor by a court of competent jurisdiction, shall be fined an amount not less than $25 or more than $500 $100.

(8)  A person named as a defendant in an action brought under this section may assert as an affirmative defense that the use of physical restraint was reasonable or necessary. If that defense is denied by the person bringing the charge, the issue of whether the restraint used was reasonable or necessary must be determined by the trier of fact."

NEW SECTION. Section 2.  Effective date. [This act] is effective on passage and approval.