NCJ Number
95980
Date Published
1983
Length
46 pages
Annotation
The Iowa Office of Citizens Aide/Ombudsman (CA/O) investigated two complaints, one from a parent in the Madrid Community School District alleging inappropriate and excessive use of physical force against his children, and another complaint alleging discrimination and unequal application of disciplinary sanction.
Abstract
A teacher/principal is privileged to use physical force in dealing with a student in two situations: to protect persons or property and to punish. In the first case, the teacher, Ms. Erickson, was not restraining the student to prevent injury to himself or others or to prevent destruction of property. The incident also failed to meet the criteria for corporal punishment, as the student was not informed about the nature of the charges nor given an opportunity to respond. Use of force is never permissible when the motivation is anger. In the second case, the Iowa Professional Teaching Practices Commission hearing established that the student was struck. Superintendent Romitti erred in concluding that the use of force was appropriate, even if it included the intentional striking of the student to break up a fight. The failure of Romitti and the board to fully address the issues raised resulted in the parent's seeking other avenues of redress. The CA/O recommends that the board determine whether the system requires a clearer policy statement on teacher use of force.