Spanking, paddling, or using other types of physical force (without causing physical injuries) is referred to as corporal punishment. Most states -- and many districts in states that allow it -- have banned corporal punishment from public schools, but virtually all schools in the U.S. did use physical punishment just a few generations ago. States that allow corporal punishment either provide guidelines for how corporal punishment is applied and when it is inappropriate, or else defer to individual school districts. Regardless of state or district policy, though, any punishment that isn't justified, or that causes serious injuries or extreme pain, is considered child abuse.
Typically, only teachers and administrators may use corporal punishment in states where it is permitted. Additionally, the majority of states that allow physical punishment in public schools give parents the opportunity to opt out if they don't approve of it for their children (often at the beginning of each school year).
Corporal Punishment in Nebraska Public Schools: Overview
The state of Nebraska's policy on corporal punishment is quite simple: the practice is prohibited. And while most other states that permit it also provide exceptions, such as for self defense or to protect other students, Nebraska does not. However, it is unlikely a teacher or administrator would be charged for using physical force in such an emergency.
See FindLaw's School Discipline section for related articles and resources, including School Discipline History.
| Code Section | 79.293 |
| Punishment Allowed | Corporal punishment prohibited. |
| Circumstances Allowable | None stated, although most states recognize that a teacher or administrator may have to use a reasonable amount of force to break up a fight, prevent a student from harming others, or other extenuating circumstances. |
Note: State laws are subject to change at any time through any number of means, most often with the enactment of new legislation or decisions made at higher courts. While we strive to ensure the accuracy of these pages, it may be a good idea to also contact a Nebraska education law attorney or conduct your own legal research to verify the state law(s) you are researching.
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Corporal Punishment in Nebraska Public Schools: Related Legal Resources
