An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

endangered. 1845 Therefore, a person may physically abuse a child without actually touching him or her. For purposes of CANRA, the term “traumatic condition” is not limited to extreme injuries, and includes wounds or other bodily conditions resulting from the application of external force. 1846 A cut and swollen lip and a scratched neck from choking have been held to be a “traumatic condition.” 1847 However, parents are entitled to impose reasonable physical discipline on their children. The punishment must be reasonable in kind and degree and reasonable for the occasion. 1848 In the school setting, however, corporal punishment may constitute physical abuse. The express prohibition against corporal punishment in the Education Code applies only to public schools. 1849 However, it is LCW’s recommendation that private schools adhere to this prohibition. Therefore, we provide the definition and limits to corporal punishment found in the Code. Corporal punishment is defined as: “the willful infliction of, or willfully causing the infliction of, physical pain on a pupil.” 1850 However, it does not include the use of reasonable force by school officials, “to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil… ” 1851 Similarly, it does not include reasonable force by a peace officer. 1852 LCW Practice Advisor Because we advise that private schools should adhere to the prohibition against corporal punishment, we also advise that private schools may also apply the

same exemptions that apply in the public school setting. Given that the purpose of the CANRA is to protect children from actual abuse and neglect, it is likely that private school staff may use reasonable force to prevent injury to persons or property, to remove a weapon, or to maintain a safe and appropriate environment for minors. .

It is not uncommon for children to sustain cuts, scratches and other physical wounds as a result of a physical altercation with another child. These kinds of “mutual affray” situations do not constitute child abuse and do not trigger a mandated report. 1853 However, a mandated report may be triggered in instances of non-mutual physical assault by one or more children. LCW Practice Advisor A mandated report is not just triggered by abuse or neglect of a minor by an adult. Schools must also report abuse of a minor by another minor. 2. R ED F LAGS : P HYSICAL A BUSE Because children often naturally sustain bumps and bruises in the normal course of childhood activities and play, it is important not to overreact. Ask yourself: Is this an unusual injury for a child of this age (e.g. fracture in a toddler)? Is this an injury that needs medical attention? Is this an injury that is a result of a medical condition that is not being addressed? Is this an injury

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