Laws regarding school discipline and punishment vary from state to state; from school district to school district; and between public schools, private schools, and charter schools. School discipline and punishment laws are generally located in a state’s statutes (often in the Education Code) and further defined in a specific school’s policies and procedures. Federal laws may also apply in particular school discipline contexts. And state and federal criminal laws may apply to certain student conduct that occurs on school property or at school-sponsored events.
Exclusionary discipline is any type of school discipline that removes or excludes a student from their usual educational setting. Two of the most common exclusionary discipline actions are suspension and expulsion.
Corporal punishment is the use of physical force—usually paddling or spanking—to punish a student for misbehavior. Corporal punishment against students is legal in approximately 19 states but is controversial and the subject of proposed state and federal legislation to limit or prohibit its use.
In California, school discipline and punishment are governed by the state's Education Code, which provides guidelines and regulations for how schools should handle disciplinary actions. Exclusionary discipline, such as suspension and expulsion, is regulated to ensure due process for students. California law requires that schools take steps to provide alternative educational opportunities to students who are suspended or expelled. Additionally, California is one of the states where corporal punishment in public schools is illegal. The state prohibits the use of physical force as a disciplinary measure in all public schools. This ban on corporal punishment reflects a broader trend towards non-physical disciplinary practices in education. Federal laws, such as the Individuals with Disabilities Education Act (IDEA), also impact school discipline by providing specific protections for students with disabilities, ensuring that they are not inappropriately disciplined for behavior related to their disability. Moreover, state and federal criminal laws may be invoked in cases where student conduct on school property or at school-sponsored events constitutes a crime.