Can a teacher or daycare worker legally spank my child? What CA law says

When playtime turns into pushing and tantrums, teachers and daycare staff often have to step in and use disciplinary action.

In California, the line between correction and punishment is clearly drawn by law.

How far can discipline go?

The Sacramento Bee went searching for the answer as part of How to California, a community-driven series to help readers navigate life in the Golden State.

Here’s what we found:

Are teachers and daycare workers allowed to hit children?

According to California Education Code, teachers, school staff and daycare workers are responsible for correcting student behavior at school, on the way to and from school and during recess.

California law prohibits teachers and daycare workers from hitting children.

Corporal punishment is not allowed in public schools or daycare facilities, state law says.

“Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens,” California Education Code says.

This means teachers and childcare providers cannot hit, spank or cause physical pain to students as discipline.

However, they are allowed to use reasonable physical control if needed — as long as it doesn’t go beyond what’s necessary.

When can teachers and school staff use physical force?

According to California Education Code, there are a few exceptions to when teachers and daycare staff can use physical force against children.

The only exceptions are when reasonable force is needed to stop someone from getting hurt, protect property, defend themselves or take away a weapon or dangerous object.

“Physical pain or discomfort caused by athletic competition or other such recreational activity” does not count as punishment, the law says.

What are the penalties if a teacher spanks a child?

Under California’s Penal Code, it’s illegal to cause a child serious physical or emotional harm or to place them in dangerous situations.

Abuse that results in major injury or death is considered a felony and is punishable by up to six years in state prison.

Less severe but still unjustifiable abuse is treated as a misdemeanor, the law says.

If charged as a misdemeanor, child abuse is punishable by up to one year in county jail and a $6,000 fine.

Angela Rodriguez

The Modesto Bee

279-386-2738

Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.