Can a teacher or daycare worker legally spank your child? Here’s what Ohio law says
Kids will be kids.
However, when that goes too far, a teacher or daycare worker sometimes has to step in and use disciplinary action by way of a slap on the wrist or spanking.
But how far can they legally go? And is it legal to do it without the knowledge of the parents? Here’s what Ohio law says.
Can elementary school teachers spank children?
Well, in Ohio, it depends on if your child attends a public or nonpublic school.
Ohio law prohibits corporal punishment administered by all public school teachers, but the law says that nonpublic school teachers can use this type of punishment as long as it is “reasonable” to do so.
So, what does reasonable mean? Here’s what the law specifically says:
Ohio law says nonpublic school teachers can use corporal punishment “to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects upon the person or within the control of the pupil, for the purpose of self-defense, or for the protection of persons or property.”
However, if your child is in daycare, things might be a bit different.
Can daycare workers spank children?
In Ohio, daycare workers cannot use corporal punishment. According to the Ohio Administrative Code 3301-32-09, child care programs must have a written policy detailing that corporal punishment will not be administered in any way.
Specifically, the law states:
There shall be no cruel, harsh, or corporal punishment, or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.
Discipline shall not be delegated to a child.
No physical restraints shall be used to confine a child by any means other than holding a child for a short period of time, so that the child may regain control.
No child shall be placed in a locked room or otherwise confined in an enclosed area such as a closet, box, or similar cubicle.
No child shall be subjected to profane language, threats, derogatory remarks about himself/herself or his/her family, or any other verbal abuse.
Discipline shall not be imposed on a child for failure to eat or sleep, or for toileting accidents.
Techniques of discipline shall not be intended to humiliate, shame, or frighten a child.
Discipline shall not include the withholding of food, rest, or toilet use.
Separation shall be brief in duration, and age and developmentally-appropriate. The child shall be within sight and hearing of a school child care staff member, and in a safe, lighted, and well-ventilated space.
Instead, Ohio law states that workers can deal with discipline in a “constructive and educational” manner, including “praise for appropriate behavior, diversion, talking with the child, and separation from problem situations.”
Any staff member who suspects abuse or neglect should notify the public children services agency and complete an incident report within 24 hours.
Do you have any questions? Let me know in the comments or email me at cmadden@mcclatchy.com
