THE BILL ITSELF
HB 109
Corporal Punishment
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A bill to be entitled
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An act relating to corporal punishment; amending s.
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1002.20, F.S.; prohibiting school district employees
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from using corporal punishment on public school
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students; amending ss. 1003.32, 1006.07, and 1012.28,
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F.S.; conforming provisions to changes made by the
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act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (c) of subsection (4) of section
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1002.20, Florida Statutes, is amended to read:
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1002.20 K-12 student and parent rights.—Parents of public
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school students must receive accurate and timely information
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regarding their child's academic progress and must be informed
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of ways they can help their child to succeed in school. K-12
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students and their parents are afforded numerous statutory
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rights including, but not limited to, the following:
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(4) DISCIPLINE.—
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(c) Corporal punishment.—A school district employee may
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not use 1. In accordance with s. 1003.32, corporal punishment,
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as defined in s. 1003.01, on of a public school student may only
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be administered by a teacher or school principal within
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guidelines of the school principal and according to district
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school board policy. Another adult must be present and must be
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informed in the student's presence of the reason for the
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punishment. Upon request, the teacher or school principal must
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provide the parent with a written explanation of the reason for
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the punishment and the name of the other adult who was present.
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2. A district school board having a policy authorizing the
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use of corporal punishment as a form of discipline shall include
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in such policy a requirement that a parent provide consent for
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the school to administer corporal punishment. The district
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school board policy may require such consent for the school
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year, or before each administration. The district school board
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shall review its policy on corporal punishment once every 3
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years during a district school board meeting held pursuant to s.
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1001.372. The district school board shall take public testimony
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at the board meeting. If such board meeting is not held in
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accordance with this subparagraph, the portion of the district
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school board's policy authorizing corporal punishment expires.
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Section 2. Paragraph (k) of subsection (1) of section
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1003.32, Florida Statutes, is amended to read:
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1003.32 Authority of teacher; responsibility for control
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of students; district school board and principal duties.—Subject
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to law and to the rules of the district school board, each
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teacher or other member of the staff of any school shall have
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such authority for the control and discipline of students as may
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be assigned to him or her by the principal or the principal's
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designated representative and shall keep good order in the
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classroom and in other places in which he or she is assigned to
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be in charge of students.
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(1) In accordance with this section and within the
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framework of the district school board's code of student
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conduct, teachers and other instructional personnel shall have
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the authority to undertake any of the following actions in
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managing student behavior and ensuring the safety of all
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students in their classes and school and their opportunity to
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learn in an orderly and disciplined classroom:
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(k) Use corporal punishment according to school board
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policy and at least the following procedures, if a teacher feels
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that corporal punishment is necessary:
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1. The use of corporal punishment shall be approved in
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principle by the principal before it is used, but approval is
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not necessary for each specific instance in which it is used.
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The principal shall prepare guidelines for administering such
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punishment which identify the types of punishable offenses, the
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conditions under which the punishment shall be administered, and
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the specific personnel on the school staff authorized to
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administer the punishment.
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2. A teacher or principal may administer corporal
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punishment only in the presence of another adult who is informed
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beforehand, and in the student's presence, of the reason for the
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punishment.
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3. A teacher or principal who has administered punishment
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shall, upon request, provide the student's parent with a written
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explanation of the reason for the punishment and the name of the
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other adult who was present.
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Section 3. Paragraph (a) of subsection (1) and paragraph (b) of subsection (2) of section 1006.07, Florida Statutes, are
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amended to read:
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1006.07 District school board duties relating to student
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discipline and school safety.—The district school board shall
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provide for the proper accounting for all students, for the
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attendance and control of students at school, and for proper
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attention to health, safety, and other matters relating to the
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welfare of students, including:
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(1) CONTROL OF STUDENTS.—
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(a) Adopt rules for the control, discipline, in-school
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suspension, suspension, and expulsion of students and decide all
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cases recommended for expulsion. Suspension hearings are
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exempted from the provisions of chapter 120. Expulsion hearings
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shall be governed by ss. 120.569 and 120.57(2) and are exempt
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from s. 286.011. However, the student's parent must be given
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notice of the provisions of s. 286.011 and may elect to have the
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hearing held in compliance with that section. The district
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school board may prohibit the use of corporal punishment, if the
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district school board adopts or has adopted a written program of
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alternative control or discipline.
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(2) CODE OF STUDENT CONDUCT.—Adopt a code of student
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conduct for elementary schools and a code of student conduct for
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middle and high schools and distribute the appropriate code to
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all teachers, school personnel, students, and parents, at the
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beginning of every school year. Each code shall be organized and
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written in language that is understandable to students and
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parents and shall be discussed at the beginning of every school
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year in student classes, school advisory council meetings, and
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parent and teacher association or organization meetings. Each
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code shall be based on the rules governing student conduct and
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discipline adopted by the district school board and shall be
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made available in the student handbook or similar publication.
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Each code shall include, but is not limited to:
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(b) Procedures to be followed for acts requiring
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discipline, including corporal punishment. Section 4. Subsection (5) of section 1012.28, Florida
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Statutes, is amended to read:
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1012.28 Public school personnel; duties of school
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principals.—
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(5) Each school principal shall perform such duties as may
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be assigned by the district school superintendent, pursuant to
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the rules of the district school board. Such rules shall
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include, but are not limited to, rules relating to
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administrative responsibility, instructional leadership in
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implementing the state academic standards and the overall
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educational program of the school to which the school principal
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is assigned, submission of personnel recommendations to the
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district school superintendent, administrative responsibility
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for records and reports, administration of corporal punishment,
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and student suspension.
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This act shall take effect July 1, 2026. Section 5.