A BILL TO BE ENTITLED
AN ACT to prohibit the administration of corporal punishment on children living in foster care and to increase safeguards for corporal punishment.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑390.4 reads as rewritten:
"§ 115C‑390.4.  Corporal punishment.
(a)	Each local board of education shall determine whether corporal punishment will be permitted in its school administrative unit, except that corporal punishment shall not be administered on a student who school personnel know to be living in foster care, as defined in G.S. 131D‑10.2(9). A foster parent or caregiver of a student living in foster care is not required to notify the school in writing, as set forth in subdivision (b)(6) of this section, that corporal punishment shall not be administered on the student.
Notwithstanding a local board of education's prohibition on the use of corporal punishment, school personnel may use physical restraint in accordance with federal law and G.S. 115C‑391.1 and reasonable force pursuant to G.S. 115C‑390.3.
(b)	To the extent that corporal punishment is permitted, the policies adopted for the administration of corporal punishment shall include at a minimum the following:
(1)	Corporal punishment shall not be administered in a classroom with other students present.
(2)	Only a teacher, principal, or assistant principal of the same gender as the student may administer corporal punishment and may do so only in the presence of a principal, assistant principal, or teacher of the same gender as the student who shall be informed beforehand and in the student's presence of the reason for the punishment.
(3)	A school person shall provide the student's parent with notification that corporal punishment has been administered, and the person who administered the corporal punishment shall provide the student's parent a written explanation of the reasons and the name of the second person who was present.
(4)	The school shall maintain records of each administration of corporal punishment and the reasons for its administration.
(5)	In no event shall excessive force be used in the administration of corporal punishment. Excessive force includes force that results in injury to the child that requires medical attention beyond simple first aid.
(6)	Corporal punishment shall not be administered on a student whose parent or guardian has stated in writing that corporal punishment shall not be administered to that student. Parents and guardians shall be given a form to make such an election at the beginning of the school year or when the student first enters the school during the year. The form shall advise the parent or guardian that the student may be subject to suspension, among other possible punishments, for offenses that would otherwise not require suspension if corporal punishment were available. Except as otherwise provided in subsection (a) of this section, if the parent or guardian does not return the form, corporal punishment may be administered on the student.
(c)	Each local board of education shall report annually to the State Board of Education, in a manner prescribed by the State Board of Education, on the number of times that corporal punishment was administered. The report shall be in compliance with the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following:
(1)	The number of students who received corporal punishment.
(2)	The number of students who received corporal punishment who were also students with disabilities and were eligible to receive special education and related services under the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq.
(3)	The grade level of the students who received corporal punishment.
(4)	The race, gender, and ethnicity of the students who received corporal punishment.
(5)	The reason for the administration of the corporal punishment for each student who received corporal punishment."
SECTION 2.  This act is effective when it becomes law and applies beginning with the 2013‑2014 school year.