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 New Jersey, school discipline and punishment are governed by state statutes within the Education Code and are further detailed in the policies and procedures of individual school districts, whether they be public, private, or charter schools. Federal laws, such as those protecting students with disabilities, also influence school discipline practices. New Jersey prohibits corporal punishment in schools, as outlined in N.J. Stat. Ann. § 18A:6-1, which states that no teacher, principal, or other person employed in a public or private school shall inflict or cause to be inflicted corporal punishment upon a student. Exclusionary discipline actions, such as suspension and expulsion, are permitted under certain conditions, but they must comply with due process requirements and state regulations. These regulations are designed to ensure that such disciplinary actions are conducted fairly and only when necessary to address serious infractions or to maintain a safe school environment. Additionally, state and federal criminal laws may apply to student conduct that constitutes a crime, whether it occurs on school property or during school-sponsored events.