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 Illinois, school discipline and punishment are governed by state statutes found primarily in the Illinois School Code as well as by policies set by individual school districts. Illinois has banned the use of corporal punishment in public schools, as per 105 ILCS 5/24-24, which prohibits school personnel from inflicting corporal punishment on any student. Disciplinary measures such as suspension and expulsion are regulated under 105 ILCS 5/10-22.6 and 105 ILCS 5/34-19, with specific procedures that must be followed to ensure due process rights for students. Federal laws, such as the Individuals with Disabilities Education Act (IDEA) and Title IX of the Education Amendments, may also impact disciplinary actions, particularly for students with disabilities or in cases of discrimination or harassment. Additionally, state and federal criminal laws can apply to student conduct that constitutes a crime, whether it occurs on school property or during school-sponsored events. It's important to note that private and charter schools may have their own disciplinary policies, which must also comply with applicable state and federal laws.