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Can a teacher or daycare worker legally spank your child? Here’s what Georgia 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 Georgia law says.

Can elementary school teachers spank children?

According to Georgia law, teachers can use corporal punishment (physical punishment), but there are some things to know. The law says that an “area, county or independent board of education” can implement corporal punishment into their written policies, but the following is required:

  • The punishment can’t be “excessive or unduly severe.”

  • It should never be used as the first line of punishment for misbehavior.

  • The punishment must be administered in front of a principal, assistant principal or other authorized person.

  • The teacher administering the punishment must provide a written explanation to the parents or guardians detailing the reasons why the punishment was given and other pertinent information.

There is one exception to the law. Corporal punishment should not be administered to a child if the child’s parent or guardian has provided the school with a written doctor’s note stating that corporal punishment would be “detrimental to the child’s mental or emotional stability.”

So, what about daycare workers? Can they legally spank children? Here’s what to know:

Can daycare workers spank children?

Under the Georgia Department of Early Care and Learning, there are specific rules that daycare workers must follow when disciplining children.

In essence, the rule is that no one can discipline the child in a way that is “detrimental to the physical or mental health” of the child.

Georgia Department of Early Care and Learning gives specific examples of what “detrimental” looks like:

  • Physically or sexually abuse a child

  • Inflict corporal/physical punishment upon a child

  • Shake, jerk, pinch or handle a child roughly

  • Verbally abuse or humiliate a child

  • Isolate a child in a dark room, closet or other unsupervised areas

  • Use mechanical or physical restraints or devices to discipline children

  • Use medication to discipline or control children’s behavior without written medical authorization from a doctor and parent’s written consent

  • Unreasonably restrict a child from going to the bathroom

  • Force-feed or withhold feeding a child scheduled meals and/or snack

  • Allow children to discipline or humiliate other children

  • Confine a child for disciplinary purposes

Have more questions? Let me know in the comments or email me at cmadden@mcclatchy.com

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This story was originally published August 13, 2024 at 4:38 PM with the headline "Can a teacher or daycare worker legally spank your child? Here’s what Georgia law says."

Chelsea Madden
The Telegraph
Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.
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