North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H983 Introduced / Bill

Filed 04/10/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	D 
HOUSE BILL DRH40298-NH-121  
 
 
 
Short Title: Prohibit Corporal Punishment in Schools. 	(Public) 
Sponsors: Representative Cervania. 
Referred to:  
 
*DRH40298 -NH-121* 
A BILL TO BE ENTITLED 1 
AN ACT TO PROHIBIT CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS. 2 
Whereas, "corporal punishment" is defined in statute as "the intentional infliction of 3 
physical pain upon the body of a student as a disciplinary measure"; and 4 
Whereas, more than 80 research studies confirm that corporal punishment is not 5 
associated with improvement in academic outcomes, but is associated with impeding students' 6 
psychological and emotional development; and 7 
Whereas, 31 states have enacted statutory bans on corporal punishment in public 8 
schools; and 9 
Whereas, none of this State's 115 local school administrative units currently allow the 10 
use of corporal punishment; and 11 
Whereas, the State Board of Education, the North Carolina Parent Teacher 12 
Association, and virtually all professional and advocacy organizations related to children 13 
recommend the prohibition of corporal punishment in public schools; Now, therefore, 14 
The General Assembly of North Carolina enacts: 15 
SECTION 1. G.S. 115C-390.4 reads as rewritten: 16 
"§ 115C-390.4.  Corporal punishment.punishment prohibited. 17 
(a) Each governing body of a public school unit shall determine whether corporal 18 
punishment will be permitted in its public school unit. Notwithstanding a governing body's 19 
prohibition on the use of corporal punishment, school personnel may use Corporal punishment 20 
is prohibited. Use of physical restraint in accordance with federal law and G.S. 115C-391.1 and 21 
reasonable use of force pursuant to G.S. 115C-390.3.G.S. 115C-390.3 shall not be considered 22 
corporal punishment. 23 
(b) To the extent that corporal punishment is permitted, the policies adopted for the 24 
administration of corporal punishment shall include at a minimum the following: 25 
(1) Corporal punishment shall not be administered in a classroom with other 26 
students present. 27 
(2) Only a teacher, principal, or assistant principal may administer corporal 28 
punishment and may do so only in the presence of a principal, assistant 29 
principal, or teacher who shall be informed beforehand and in the student's 30 
presence of the reason for the punishment. 31 
(3) A school person shall provide the student's parent with notification that 32 
corporal punishment has been administered, and the person who administered 33 
the corporal punishment shall provide the student's parent a written 34 
explanation of the reasons and the name of the second person who was present. 35 
H.B. 983
Apr 10, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina 	Session 2025 
Page 2  	DRH40298-NH-121 
(4) The school shall maintain records of each administration of corporal 1 
punishment and the reasons for its administration. 2 
(5) In no event shall excessive force be used in the administration of corporal 3 
punishment. Excessive force includes force that results in injury to the child 4 
that requires medical attention beyond simple first aid. 5 
(6) Corporal punishment shall not be administered on a student whose parent or 6 
guardian has stated in writing that corporal punishment shall not be 7 
administered to that student. Parents and guardians shall be given a form to 8 
make such an election at the beginning of the school year or when the student 9 
first enters the school during the year. The form shall advise the parent or 10 
guardian that the student may be subject to suspension, among other possible 11 
punishments, for offenses that would otherwise not require suspension if 12 
corporal punishment were available. If the parent or guardian does not return 13 
the form, corporal punishment may be administered on the student. 14 
(c) Each governing body of a public school unit shall report annually to the State Board 15 
of Education, in a manner prescribed by the State Board of Education, on the number of times 16 
that corporal punishment was administered. The report shall be in compliance with the federal 17 
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and shall include the following: 18 
(1) The number of students who received corporal punishment. 19 
(2) The number of students who received corporal punishment who were also 20 
students with disabilities and were eligible to receive special education and 21 
related services under the federal Individuals with Disabilities Education Act, 22 
20 U.S.C. § 1400, et seq. 23 
(3) The grade level of the students who received corporal punishment. 24 
(4) The race, gender, and ethnicity of the students who received corporal 25 
punishment. 26 
(5) The reason for the administration of the corporal punishment for each student 27 
who received corporal punishment." 28 
SECTION 2. G.S. 115C-12(27) reads as rewritten: 29 
"(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, 30 
and Alternative Placements. – The State Board shall report by March 15 of 31 
each year to the Joint Legislative Education Oversight Committee on the 32 
numbers of students who have dropped out of school, been subjected to 33 
corporal punishment, been suspended, been expelled, been reassigned for 34 
disciplinary purposes, or been provided alternative education services. The 35 
data shall be reported in a disaggregated manner, reflecting the local school 36 
administrative unit, race, gender, grade level, ethnicity, and disability status 37 
of each affected student. Such data shall be readily available to the public. The 38 
State Board shall not include students that have been expelled from school 39 
when calculating the dropout rate. The Board shall maintain a separate record 40 
of the number of students who are expelled from school and the reasons for 41 
the expulsion." 42 
SECTION 3. G.S. 115C-107.7 reads as rewritten: 43 
"§ 115C-107.7.  Discipline, corporal punishment, Discipline and homebound instruction. 44 
(a) The policies and procedures for the discipline of students with disabilities shall be 45 
consistent with federal laws and regulations. 46 
(a1) Any corporal punishment administered on students with disabilities shall be 47 
consistent with the requirements of G.S. 115C-390.4. 48 
…." 49 
SECTION 4. G.S. 115C-276(r) reads as rewritten: 50  General Assembly Of North Carolina 	Session 2025 
DRH40298-NH-121  	Page 3 
"(r) To Maintain Student Discipline. – The superintendent shall maintain student 1 
discipline in accordance with Article 27 of this Chapter and shall keep data on each student to 2 
whom corporal punishment was administered, who was suspended for more than 10 days, who 3 
was reassigned for disciplinary reasons, or who was expelled. This data shall include the race, 4 
gender, age, grade level, ethnicity, and disability status of each student, the duration of 5 
suspension for each student, whether alternative education services were provided for each 6 
student, and whether a student had multiple suspensions in that academic year." 7 
SECTION 5. G.S. 115C-390.2(h) reads as rewritten: 8 
"(h) Governing body policies shall include the procedures to be followed by school 9 
officials in suspending, expelling, or administering corporal punishment to suspending or 10 
expelling any student, which shall be consistent with this Article." 11 
SECTION 6. G.S. 6-21.4 is repealed. 12 
SECTION 7. This act is effective when it becomes law and applies beginning with 13 
the 2025-2026 school year. Section 6 of this act does not apply to civil actions arising from the 14 
use of corporal punishment prior to the effective date of this act. 15