2014 Delaware Code
Title 14 - Education
CHAPTER 7. LAWFUL AUTHORITY OF TEACHERS OVER PUPILS
§ 702. Corporal punishment [Effective until July 1, 2014]

(a) "Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling and slapping, when used as a means of discipline.

(b) No public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.

(c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official employee or agent of a school board from:

(1) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person;

(2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a pupil's control;

(3) Using reasonable and necessary force for the purpose of self-defense or the defense of others under §§ 464 and 465 of Title 11;

(4) Using reasonable and necessary force for the protection of property under § 466 of Title 11;

(5) Using reasonable and necessary force to prevent a pupil from inflicting harm on that pupil's own self;

(6) Using reasonable and necessary force to protect the safety of others; or

(7) Using incidental, minor or reasonable physical contact designed to maintain order and control.

(d) In determining whether or not a person was acting within the exceptions in subsection (c) of this section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator, official employee or agent.

(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher, administrator, official employee or agent of the School Board with regard to a person who is not a pupil enrolled in the school district.

74 Del. Laws, c. 17, § 4; 70 Del. Laws, c. 186, § 1.;