Changes to Chancellor's Regulation on Corporal Punishment and Verbal Abuse

CHANCELLOR'S REGULATION NUMBER: A-420
Pupil Behavior and Discipline - Corporal Punishment

This regulation updates and supersedes A420 - dated 12/08197, 9105/00 and 7101/01. It enforces Department of Education Bylaws
and includes reporting requirements established under Regulations of the Commissioner 100.2(I)(3)(ii) concerning the use of physical
force upon a student for punishment purposes.

1. INTRODUCTION

Corporal punishment is prohibited. Disruptive behavior by a student must never be punished by use of physical force. Such behavior
usually reflects underlying problems that require guidance intervention. School personnel should take steps to identify the problem(s)
and, working closely with parents, help the student receive maximum benefit from the educational program offered at the school.
Matters concerning student behavior should be addressed in accordance with Chancellor's Regulation A-443 and the Discipline Code.

2. DEFINITION

Regulations of the commissioner 100.2(I)(3)(ii) define corporal punishment as any act of physical force upon a pupil for the purpose
of punishing that pupil. Such term shall not mean the use of reasonable physical force for any of the following purposes:

    1. to protect oneself from physical injury
    2. to protect another pupil or teacher or any other person from physical injury (e.g. breaking up a physical altercation without using
        excessive force)
    3. to protect the property of the school or of others: or
    4. to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school district functions,
        powers of duties, if that pupil has refused to comply with a request to refrain from further disruptive acts, provided that alternative
        procedures and methods not involving the use of physical force cannot be reasonably employed to achieve the purposes set forth
        in 1 through 3 above.

Further, the Bylaws of the City Department of Education state the following:

        NO CORPORAL PUNISHMENT SHALL BE INFLICTED IN ANY OF THE PUBLIC SCHOOLS,
        NOR PUNISHMENT OF ANY KIND TENDING TO CAUSE EXCESSIVE FEAR OR PHYSICAL
        OR MENTAL DISTRESS. VIOLATION OF THIS BYLAW SHALL CONSTITUTE GROUNDS FOR DISMISSAL.

CHANCELLOR'S REGULATION NUMBER: A-421
Verbal Abuse

This regulation defines and prohibits the use of verbal abuse upon a student. The Chancellor may change this Regulation consistent
with applicable federal and state laws.

1. INTRODUCTION

Verbal abuse of students is prohibited. Disruptive behavior by a student must never be punished by use of verbal abuse. Such behavior
usually reflects underlying problems that require guidance intervention. School personnel should take steps to identify the problem(s)
and, working closely with parents, help the student receive maximum benefit from the educational program offered at the school.
Matters concerning student behavior should be addressed in accordance with Chancellor's Regulation A-443 and the Discipline Code.

2. DEFINITION

Verbal abuse is not corporal punishment but is separately proscribed by this regulation. Prohibited verbal abuse includes:

    1. Language that tends to cause fear or physical or mental distress;
    2. Language that includes words denoting racial, ethnic, religious, gender, disability or sexual orientation which tends to cause fear
        or physical or mental distress;
    3. Language that tends to threaten physical harm: or
    4. Language that tends to belittle or subject students to ridicule.

Reporting requirements and procedures are the same for Regulations A-420 and A-421

The principle must bring to the attention of all members of the staff the Board's Policy and Rules with respect to corporal
punishment and/or verbal abuse.

Department of Education employees, custodial employees or others must be reported immediately to the Office of Special Investigations
by the supervisor or designee.

The Principal is required to report any allegation of corporal punishment and/or verbal abuse to the Office of Special Investigations.

The Chancellor's Office of Special Investigations is responsible for intake, evaluation, review, follow-up and dissemination of information to
various offices within this agency and other appropriate entities with respect to allegations of corporal punishment and/or verbal abuse.

Local 372 President Veronica Montgomery-Costa Advises Members;

"All school-based Local 372 members should obtain and become familiar with the school's written discipline code. Any member accused of
corporal punishment or verbal abuse should immediately contact his/her Grievance Representative who will determine if appropriate
investigation and reporting procedures are followed."