- (a) “Corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling and slapping, when used as a means of discipline.
- (b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.
(c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official employee or agent of a school board from:
- (1) Using reasonable and necessary force to quell a disturbance, including but not limited to a physical altercation, or prevent an act that threatens imminent bodily harm to any person;
- (2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a student’s control;
- (3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§ 464 and 465 of Title 11;
- (4) Using reasonable and necessary force for the protection of property under § 466 of Title 11;
- (5) Using reasonable and necessary force to prevent a student from imminently inflicting bodily harm on that student’s own self;
- (6) Using reasonable and necessary force to protect the bodily safety of others; or
- (7) Using incidental or minor physical contact necessary to maintain order and control.
- (d) In determining whether or not a person was acting within the exceptions in subsection (c) of this section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent.
- (e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a student enrolled in the school district.
- (f) For purposes of this section, the term “reasonable and necessary” shall be interpreted in conformity with applicable limitations established by § 4112F of this title.
74 Del. Laws, c. 17, § 4; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 54, § 1