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 York, school discipline and punishment are governed by the state's Education Law, as well as by the policies and procedures of individual school districts. New York State prohibits corporal punishment in public schools, as per Section 3020-a of the New York State Education Law, which ensures the protection of students from physical abuse by school personnel. Instead, schools may use other forms of discipline such as suspension and expulsion, which are considered exclusionary as they remove students from their regular educational environment. The specific grounds and procedures for suspension and expulsion are typically outlined in the school district's code of conduct. Federal laws, such as the Individuals with Disabilities Education Act (IDEA), also provide additional protections and procedural requirements for disciplining students with disabilities. It's important to note that while public schools are directly subject to state education laws, private schools and charter schools may have more autonomy in establishing their own discipline policies, though they must still comply with applicable federal laws and state criminal laws regarding student conduct.