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118.31 Corporal punishment.

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118.31118.31Corporal punishment.118.31(1)(1)In this section, "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, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training. 118.31(2)(2)Except as provided in sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment. 118.31(3)(3) Subsection (2) does not prohibit an official, employee or agent of a school board from: 118.31(3)(a)(a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person. 118.31(3)(b)(b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control. 118.31(3)(c)(c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48. 118.31(3)(d)(d) Using reasonable and necessary force for the protection of property under s. 939.49. 118.31(3)(e)(e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in s. 125.09 (2) (a) 1. and 4., or from school-sponsored activities. 118.31(3)(f)(f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself. 118.31(3)(g)(g) Using reasonable and necessary force to protect the safety of others. 118.31(3)(h)(h) Using incidental, minor or reasonable physical contact designed to maintain order and control. 118.31(4)(4)Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board. 118.31(5)(5)Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students. 118.31(6)(6)Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district. 118.31(7)(7)Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.118.31 - ANNOT.History: 1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a. 127. 118.31 - ANNOT.NOTE: This section was created by 1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".
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  • 118.31

    118.31 Corporal punishment.

    118.31(1)

    (1) In this section, "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, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

    118.31(2)

    (2) Except as provided in sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.

    118.31(3)

    (3) Subsection (2) does not prohibit an official, employee or agent of a school board from:

    118.31(3)(a)

    (a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.

    118.31(3)(b)

    (b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.

    118.31(3)(c)

    (c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48.

    118.31(3)(d)

    (d) Using reasonable and necessary force for the protection of property under s. 939.49.

    118.31(3)(e)

    (e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in s. 125.09 (2) (a) 1. and 4., or from school-sponsored activities.

    118.31(3)(f)

    (f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.

    118.31(3)(g)

    (g) Using reasonable and necessary force to protect the safety of others.

    118.31(3)(h)

    (h) Using incidental, minor or reasonable physical contact designed to maintain order and control.

    118.31(4)

    (4) Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board.

    118.31(5)

    (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.

    118.31(6)

    (6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.

    118.31(7)

    (7) Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.

    118.31 - ANNOT.

    History: 1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a. 127.

    118.31 - ANNOT.

    NOTE: This section was created by 1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".

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