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

Kids will be kids.

However, when they go too far, many believe a teacher or daycare worker should 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 Mississippi law says.

Can elementary school teachers spank children?

Teachers in Mississippi can administer corporal punishment (physical punishment) and they can do so with immunity from liability such as a civil suit.

Of course, there are rules for teachers who want to administer this type of punishment. Mississippi law specifically says that “Corporal punishment can be administered in a reasonable manner or any reasonable action to maintain control and discipline of students.”

However, the law also states that if the teacher “acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety,” then legal action could be taken.

Can daycare workers spank children?

Mississippi law strictly prohibits corporal punishment in all child care settings.

The law states:

“Corporal punishment, including hitting, spanking, beating, shaking, pinching, biting, and other measures that produce physical pain.”

Additionally, day care workers cannot do the following:

• Withdraw or use the threat of withdrawal of food, rest or bathroom opportunities.

• Use abusive or profane language to include but not limited to yelling at, and/or using harsh tones toward the children or in close proximity (hearing distance) to children.

• Use any form of public or private humiliation, including threats of physical punishment.

• Use any form of emotional abuse, including rejecting, terrorizing, ignoring, isolating (out of view of a caregiver), or corrupting a child.

• Use of any food product or medication in any manner or for any purpose other than that for which it was intended.

• Use inappropriate disciplinary behavior that includes, but is not limited to, putting soap or pepper in a child’s mouth.

• Use disciplinary action that is not age-appropriate for the child or is excessive in time or duration.

Do you have any questions? Let me know in the comments or email me at cmadden@mcclatchy.com.

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.