118.31 Corporal punishment.
(1) In this section, “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, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.
(2) Except as provided in sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.
(3) Subsection (2) does not prohibit an official, employee or agent of a school board from:
(a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.
(b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.
(c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48.
(d) Using reasonable and necessary force for the protection of property under s. 939.49.
(e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in s. 125.09 (2) (a) 1. and 4., or from school-sponsored activities.
(f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.
(g) Using reasonable and necessary force to protect the safety of others.
(h) Using incidental, minor or reasonable physical contact designed to maintain order and control.
(4) Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board.
(5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.
(6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
(7) Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.
History: 1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a. 127.
NOTE: This section was created by 1987 Wis. Act 303. Section 1 of that act is entitled “Legislative findings and purpose".
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 118 - General school operations.
118.001 - Duties and powers of school boards; construction of statutes.
118.01 - Educational goals and expectations.
118.015 - Reading instruction.
118.016 - Assessments of reading readiness.
118.017 - Foreign language instruction.
118.019 - Human growth and development instruction.
118.02 - Special observance days.
118.025 - Arbor day observance.
118.045 - Commencement of school term.
118.05 - School conservation camps.
118.06 - Flag, pledge of allegiance, and national anthem.
118.07 - Health and safety requirements.
118.075 - Indoor environmental quality in schools.
118.076 - Lifesaving skills instruction.
118.08 - School zones; crossings.
118.10 - School safety patrols.
118.105 - Control of traffic on school premises.
118.12 - Sale of goods and services at schools.
118.123 - Reports and records; forfeitures.
118.126 - Privileged communications.
118.127 - Law enforcement agency information.
118.13 - Pupil discrimination prohibited.
118.133 - Participation in interscholastic athletics and extracurricular activities.
118.134 - Race-based nicknames, logos, mascots, and team names.
118.135 - Eye examinations and evaluations.
118.14 - Age of pupils; phase in of 4-year-old kindergarten.
118.145 - Admission to high school.
118.15 - Compulsory school attendance.
118.153 - Children at risk of not graduating from high school.
118.155 - Released time for religious instruction.
118.16 - School attendance enforcement.
118.162 - Truancy committee and plan.
118.163 - Municipal truancy and school dropout ordinances.
118.164 - Removal of pupils from the class.
118.167 - Private school determination by state superintendent.
118.169 - Pupil identification.
118.175 - Pupils without parents or guardians; report required.
118.19 - Teacher certificates and licenses; administrator and pupil services professional licenses.
118.191 - Experience-based licensure for technical and vocational education subjects.
118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.
118.192 - Professional teaching permits.
118.193 - Licenses based on reciprocity.
118.194 - Initial license to teach; Montessori.
118.195 - Discrimination against handicapped teachers prohibited.
118.196 - Teacher development program.
118.197 - Initial license to teach; alternative preparation programs.
118.20 - Teacher discrimination prohibited.
118.22 - Renewal of teacher contracts.
118.223 - Collective bargaining.
118.225 - Teacher evaluations.
118.23 - Populous counties; teacher tenure.
118.235 - Lunch period for teachers.
118.24 - School district administrator.
118.245 - Referendum; increase in employee wages.
118.257 - Liability for referral to police.
118.258 - Electronic communication devices prohibited.
118.26 - Claim against school district.
118.28 - Community action agencies.
118.29 - Administration of drugs and emergency care.
118.291 - Asthmatic pupils; possession and use of inhalers.
118.292 - Possession and use of epinephrine.
118.2925 - Life-threatening allergies in schools; use of epinephrine.
118.293 - Concussion and head injury.
118.2935 - Sudden cardiac arrest; youth athletic activities.
118.295 - Suicide intervention; civil liability exemption.
118.301 - Alternative pupil assessments.
118.305 - Use of seclusion and physical restraint.
118.32 - Strip search by school employee.
118.33 - High school graduation standards; criteria for promotion.
118.34 - Technical preparation programs.
118.35 - Programs for gifted and talented pupils.
118.38 - Waivers of laws and rules.
118.42 - Low-performing school districts and schools; state superintendent interventions.
118.43 - Achievement guarantee contracts; state aid.
118.44 - Achievement gap reduction; state aid.
118.45 - Tests for alcohol use.
118.51 - Full-time open enrollment.
118.52 - Part-time open enrollment.
118.53 - Attendance by pupils enrolled in a home-based private educational program.
118.55 - Early college credit program.
118.56 - Work based learning programs.
118.60 - Parental choice program for eligible school districts and other school districts.