Office of Accreditation & Teacher Quality

Student Rights & Responsibilities

Corporal Punishment

South Dakota law allows for "physical force" when reasonable and necessary. 

SDCL 13-32-2. Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.

Another law protects the proper use of "force."

SDCL 22-18-5. To use or attempt or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher or other school official, in the exercise of a lawful authority to restrain or correct his child or ward and if restraint or correction has been rendered necessary by the misconduct of such child or ward, or by his refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher or other school official, and the force used is reasonable in manner and moderate in degree.

Although South Dakota law does allow the use of physical force in maintaining discipline in schools, the parameters of the acceptable level of force have not been established.  As our statutes dictate, the amount of force used must be reasonable and necessary given the student's age and sex, conduct of the student, and threat of harm to other students, staff, and the student.  Schools should be careful to use the minimum amount of force necessary to control the situation.