Corporal punishment; require school districts that allow to adopt a policy allowing parents to opt in.

H. B. No. 1187 *HR43/R1037* ~ OFFICIAL ~ G1/2
26/HR43/R1037
PAGE 1 (DJ\KP)

To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1187

AN ACT TO AMEND SECTION 37-11-57, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE SCHOOL DISTRICTS THAT PRACTICE CORPORAL PUNISHMENT TO 2
ADOPT A POLICY ALLOWING PARENTS OR LEGAL GUARDIANS OF STUDENTS TO 3
REQUEST THAT THEIR CHILD BE INCLUDED IN THE DISTRICT CORPORAL 4
PUNISHMENT PROGRAM; TO REQUIRE PARENTS OR LEGAL GUARDIANS TO 5
SUBMIT THEIR REQUEST FOR INCLUSION IN THE PROGRAM IN WRITING; TO 6
PROVIDE THAT WITHDRAWAL FROM THE PROGRAM MUST BE IN WRITING ALSO; 7
AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-11-57, Mississippi Code of 1972, is 10
amended as follows: 11
37-11-57. (1) Except in the case of excessive force or 12
cruel and unusual punishment, a public school teacher, assistant 13
teacher, principal, or an assistant principal acting within the 14
course and scope of his employment shall not be liable for any 15
action carried out in conformity with state or federal law or 16
rules or regulations of the State Board of Education or the local 17
school board or governing board of a charter school regarding the 18
control, discipline, suspension and expulsion of students. The 19
local school board shall provide any necessary legal defense to a 20
teacher, assistant teacher, principal, or assistant principal in 21
H. B. No. 1187 *HR43/R1037* ~ OFFICIAL ~
26/HR43/R1037
PAGE 2 (DJ\KP)

the school district who was acting within the course and scope of 22
his employment in any action which may be filed against such 23
school personnel. A school district or charter school, as the 24
case may be, shall be entitled to reimbursement for legal fees and 25
expenses from its employee if a court finds that the act of the 26
employee was outside the course and scope of his employment, or 27
that the employee was acting with criminal intent. Any action by 28
a school district or charter school against its employee and any 29
action by the employee against the school district or charter 30
school for necessary legal fees and expenses shall be tried to the 31
court in the same suit brought against the school employee. 32
(2) Corporal punishment administered in a reasonable manner, 33
or any reasonable action to maintain control and discipline of 34
students taken by a public school teacher, assistant teacher, 35
principal or assistant principal acting within the scope of his 36
employment or function and in accordance with any state or federal 37
laws or rules or regulations of the State Board of Education or 38
the local school board or governing board of a charter school does 39
not constitute negligence or child abuse. No public school 40
teacher, assistant teacher, principal or assistant principal so 41
acting shall be held liable in a suit for civil damages alleged to 42
have been suffered by a student as a result of the administration 43
of corporal punishment, or the taking of action to maintain 44
control and discipline of a student, unless the court determines 45
that the teacher, assistant teacher, principal or assistant 46
H. B. No. 1187 *HR43/R1037* ~ OFFICIAL ~
26/HR43/R1037
PAGE 3 (DJ\KP)

principal acted in bad faith or with malicious purpose or in a 47
manner exhibiting a wanton and willful disregard of human rights 48
or safety. For the purposes of this subsection, "corporal 49
punishment" means the reasonable use of physical force or physical 50
contact by a teacher, assistant teacher, principal or assistant 51
principal, as may be necessary to maintain discipline, to enforce 52
a school rule, for self-protection or for the protection of other 53
students from disruptive students. 54
(3) Notwithstanding subsection (2) of this section a public 55
school teacher, assistant teacher, principal, assistant principal 56
or other school personnel is prohibited from using corporal 57
punishment, as defined in subsection (2) of this section, on any 58
student with a disability. No school personnel shall be granted 59
immunity from liability under subsection (2) of this section for 60
the use of corporal punishment on a student with a disability. 61
For purposes of this subsection, the term "student with a 62
disability" means a student who has an individualized education 63
plan (IEP) under the Individuals with Disabilities Education Act 64
(IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. 65
The term "school personnel" includes all individuals employed on a 66
full-time or part-time basis by a public school. 67
(4) In every school district that practices corporal 68
punishment, the local school board shall adopt a policy allowing 69
each student's parent or legal guardian to choose to include that 70
student in the school district's corporal punishment program. 71
H. B. No. 1187 *HR43/R1037* ~ OFFICIAL ~
26/HR43/R1037
PAGE 4 (DJ\KP)
ST: Corporal punishment; require school
districts that allow to adopt a policy allowing
parents to opt in.
Each school year, every public school district must provide 72
written notice to parents or guardians of students explaining the 73
school district's policy regarding corporal punishment. The 74
written notice must inform parents of their rights to request, in 75
writing, the inclusion of their child in the school district's 76
corporal punishment program. Inclusion in the program shall last 77
for the remainder of the school year in which the request is 78
submitted, and it may be withdrawn by written notice at any time. 79
Notwithstanding subsection (2) of this section, a public school 80
teacher, assistant teacher, principal, assistant principal or 81
other school personnel is prohibited from using corporal 82
punishment, as defined in subsection (2) of this section, on any 83
student whose parent or legal guardian has not included the 84
student in the school district's corporal punishment program. No 85
school personnel shall be granted immunity from liability under 86
subsection (2) of this section for the use of corporal punishment 87
on a student whose parent or legal guardian has not included the 88
student in the school district's corporal punishment program. 89
This subsection shall not apply to any student for whom subsection 90
(3) of this section applies. 91
SECTION 2. This act shall take effect and be in force from 92
and after July 1, 2026. 93