280.21 - CORPORAL PUNISHMENT -- BURDEN OF PROOF.
280.21 CORPORAL PUNISHMENT -- BURDEN OF PROOF.
1. An employee of an accredited public school district,
accredited nonpublic school, or area education agency shall not
inflict, or cause to be inflicted, corporal punishment upon a
student. For purposes of this section, "corporal punishment"
means the intentional physical punishment of a student. An
employee's physical contact with the body of a student shall not be
considered corporal punishment if it is reasonable and necessary
under the circumstances and is not designed or intended to cause pain
or if the employee uses reasonable force, as defined under section
704.1, for the protection of the employee, the student, or other
students; to obtain the possession of a weapon or other dangerous
object within a student's control; or for the protection of property.
The department of education shall adopt rules to implement this
section.
2. A school employee who, in the reasonable course of the
employee's employment responsibilities, comes into physical contact
with a student shall be granted immunity from any civil or criminal
liability which might otherwise be incurred or imposed as a result of
such physical contact, if the physical contact is reasonable under
the circumstances and involves the following:
a. Encouraging, supporting, or disciplining the student.
b. Protecting the employee, the student, or other students.
c. Obtaining possession of a weapon or other dangerous object
within a student's control.
d. Protecting employee, student, or school property.
e. Quelling a disturbance or preventing an act threatening
physical harm to any person.
f. Removing a disruptive student from class or any area of
the school premises, or from school-sponsored activities off school
premises.
g. Preventing a student from the self-infliction of harm.
h. Self-defense.
i. Any other legitimate educational activity.
3. To prevail in a civil action alleging a violation of this
section the party bringing the action shall prove the violation by
clear and convincing evidence. Any school employee determined in a
civil action to have been wrongfully accused under this section shall
be awarded reasonable monetary damages, in light of the circumstances
involved, against the party bringing the action. Section History: Recent Form
89 Acts, ch 71, §1; 90 Acts, ch 1218, § 1; 94 Acts, ch 1131, §5;
98 Acts, ch 1195, § 1
Referred to in §232.71B