26. 体罰問題 その三...アメリカの州規則・教委規則【原典】

杉田荘治

はじめに

　体罰問題 その一、その二の文中でかなり関連のアメリカにおける規則を紹介したが、ここ
では、それ以外のものについて述べることにする。

○ Pennsylvania, Kane Area 教委規則

Kane Area School District..... Elementary Schools , Middle school , High school
Last modified: March 17, 1999
Discipline:
　Disciplining students is the responsibility of school personnel and becomes necessary
at times to control disruptive influences and deviate behavior which interrupt the
educational process. Discipline will range from verbal reprimand to exclusion from school,
depending upon the severity and frequency of the violation.and a student痴 motive and
past record in committing breaches of school rules.
【註】 このように小・中・高校を通して、叱責から退学まで可能である。

○ Detroit 市教委規則

　Agreement between The Board of Education of The School District of The City of
Detroit and The Detroit Federation of Teachers Local 231　4. The chid will be suspended
by the principal.E. Example of offenses for which teachers may exclude students from
class : profanity or obscenity, fighting,　gambling, possession of tobacco, class skips,
deliberate and open defiance of authority, inciting others to　violence or disoberdience,
possession of pornographic literature, pretty theft, pretty vandaism.

　L. A child who assults a teacher will be suspended. Age and size of the offender will
be taken into consideration.
【註】 このように、教師を攻撃した生徒、喧嘩、ギャンブリング、タバコ所持、不服従、などは
　　　停学に｡ そのさい年齢大きさを考慮して実施される。

○ Indiana 州規則... Indiana Public School Board of Commissioners

DISCIPLINE CODE SUMMARY
　This chart is to inform students and parents of various rules, violations and their range
of consequences.　Some offenses are rarely committed but are included because of the
danger to the school population.

OFFENSE
　Tardiness ,Truancy ,Leaving without permission, Bus misconduct, Use of tabacco
Profanity,Theft, Gving false indentication, Inappropriate physical contact, Disrepect,
Disobedience, Disorderly Conduct, Endagering the safety of others, Vandalism, Fa;se
fire alarm, Arson, Bomb threat, Fighting, Weapon possession, Alcohol/drug possession,
Firearm possession

MANDATORY
　NOTE: Consequences for breaking rules and regulations will range progressively from
left to right at the　discretion of the teacher and building administrator.

CONSEQUENCES
　Parent/ Contact/ Conference , Referral to Support Pesonnel, Detention, Corporal
Punishment, Suspension,　Arrest, Expulsion
【註】 このように小・中・高の区別なし。違反行為の程度がポイントである。

○ Indiana 州 Mt. Comfort Elementary School Student Handbook

OUT-OF-SCHOOL SUSPENSION
　Out-of-School Suspension is used where a student is guilty of a major violation of
school rules or where a student is guilty of repeated violation of school rules. An Out-
of-School Suspension counts as an unexcused absence. A student who is assigned an
Out-of-School Suspension will not be permitted to make up missed　work for a grade.
The student will not be accessed the 2% per day grade penalty, but will receive a zero
for　work assigned during the suspension period.
【註】 まさしく小学校の規則に、このように停学が規定してある。

○ Arkansas州 Code 1999 Changes 、Code 6-18-507
　c)(1) The board of directors may authorize a teacher or administrator to suspend any
student for a　maximum of ten (10) school days for violation of the school district's
written discipline policies.
【註】 このように、いかなる生徒に対しても、10日間までの停学にすることができる。

○ NEW JERSEY SCHOOL LAW
　18A:37-2. Causes for suspension or expulsion of pupils
Any pupil who is guilty of continued and willful disobedience or of open defiance of the
authority of any teacher or person having authority over him, or of the habitual use of
profanity or of obscene language, or who shall cut, deface or otherwise injure any school
property, shall be liable to punishment and to suspension or expulsion from school.
【註】 このように、いかなる生徒に対しても停学にすることができる。

○ Ohio州 Ohio Revised Code, Title 33 Education
Section 3319.41
　(F) A board of education of a school district that permits the use of corporal punishment
as　a means of discipline pursuant to a resolution adopted by the board pursuant to division
(A)(1) of this section shall permit as part of its discipline policy the parents, guardian, or
custodian of a child that is attending any school within the school district to request that
corporal punishment not be used as a means of discipline on that child; upon the receipt of
a request of that nature, shall ensure that an alternative disciplinary measure is applied
with　respect to that child; and shall include a procedure for the exercise of that option in
the　resolution adopted pursuant to division (A)(1) of this section.
【註】 このように体罰に代わるべき懲戒を確実に実施すべきと規定している。

○ Texas州 Garland Independent School District, Texas Division of Educational Operations
　Students who are exempt from corporal punishment under this policy shall be subject to
　appropriate alternative disciplinary actions.
【註】 このように体罰にかわるべき懲戒に服すべきと規定している。

WILLIAM L. TALL, AS PARENT AND
NEXT FRIEND OF WILLIAM L.
TALL, JR.
v.
BOARD OF SCHOOL COMMISSIONERS
OF BALTIMORE CIT
____________________________________________________________
For the reasons set forth below, we shall affirm.

　FACTUAL SUMMARY Appellant's son, Roy, suffers from Down's syndrome. During
the summer of 1995, when Roy was nine years old, he participated in a special
educational program at School
　No. 304, Harbor View -2- Elementary, sponsored by the Board. During the course of
the program, 　Manning, who was an employee of the Board, served as Roy's teacher.
While at school on July 18, 1995, Roy urinated in his pants. Manning responded by
physically disciplining Roy; this included beating the child on his arms and legs with a
ruler. When Roy　arrived home that day, Gwyneth Tall, his mother, noticed that he was
wearing a long-sleeved 　shirt and long pants, which were different than the clothes
he had worn to school that morning. 　　As　she helped Roy change his clothes, Ms.
Tall discovered raised welts and bruises on her son's
arms and legs. Consequently, she took Roy to the emergency room at Harbor Hospital
Center,where Roy was x-rayed and treated for his injuries. Later that same day, the
Talls reported the injuries to the Baltimore City Police, at the Southern District. An
investigation of the matter culminated in criminal charges against Manning for child
abuse, assault, and battery. Subsequently, Manning pled　guilty to assault, for which
he received a five year suspended sentence and five years of supervised　probation.
He was also ordered not to engage in any activity as a teacher or supervisor of any
individual under the age of twenty-one.

　On January 31, 1997, appellee filed a Motion to Dismiss First Amended Complaint.
Attached to the motion was a copy of Maryland Code (1978, 1992 Repl. Vol., 1996 Supp.),
ｧ 7-305 of the Education -28-as a means to discipline him. Indeed, as the Supplement
indicates, "touching students is permitted" only for the purpose of "[m]aintaining a
safe and orderly school environment, administering first aid, and attending to health
needs . . . ." sum, we fail to see how the act of physically striking a disabled child could
be considered in furtherance of the Board's objective of educating disabled children,
particularly when, as here, both State and local law forbid the use of corporal punishment
for discipline purposes.

　Therefore, we conclude that no material factual dispute existed concerning whether
Manning's conduct was within the scope of employment; Manning's conduct was neither
expected, foreseeable, nor sanctioned. Rather, it was so extreme in nature, and so far
beyond the bounds of appropriate behavior, that it cannot possibly be considered to
have been in furtherance of appellee's objectives. Even when　we view the facts and
inferences in the light most favorable to appellant, as we must, we cannot say that
the trial court erred in granting summary judgment.
JUDGMENT AFFIRMED.
【註】 1998年 3月 4日、Maryland州控訴審判決。特殊教育を受けていた9才の生徒がパンツの
　　　中に小便をもらしたのに腹を立てて定規で叩いて腕と足に痣ができる傷を負わせた事件で
　　　ある。 [5年の執行猶予と21才以下の子に対していかなる活動もできない]旨の判決。但し
　　　教委は体罰禁止を徹底していたので責任はない。

Corporal Punishment Control Policy

　The National PTA is strongly in favor of abolishing corporal punishment in the schools.
However, if your community　supports corporal punishment and is not receptive to efforts
to ban it, you may wish to work toward establishing a　corporal punishment policy.
　Corporal punishment can be controlled in the following ways:

　　Parental permission and notification should be required.
　　The student and the parent must be told the reason corporal punishment is to be
　　administered.

　　All incidents of corporal punishment should be authorized by the school administrator.
　　The school discipline policy should indicate the steps to be used to correct misbehavior
　　before corporal　punishment is authorized.

　　Specific rules for administering corporal punishment should be stated.
　　Corporal punishment may be administered by a designated person other than the
　　teacher, and another adult　should be present.

　　Records should be collected. The incidence of corporal punishment by race, gender
　　and disability should be　part of these records. Information should be published regularly.
　　Records should be kept in student and teacher files and reviewed periodically to identify
　　patterns.
　　　　Suite 2100 Chicago, IL 60611-3690
【註】 このように全米PTAは体罰に反対はしているが、しかしコミュニテイによっては条件付きで
　　　容認している。

.... 2000年1月記　　　　　　　　　　無断転載禁止