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Senate approves limits and guidelines for physical restraint in schools after amendment

Utah State Senate · January 24, 1991
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Summary

SB 32, sponsored by Senator Steele, passed the Senate after sponsors removed a contested term and argued the measure allows reasonable and necessary restraint while protecting children from intentional physical pain.

Senate Bill 32, which sets guidelines for the use of physical restraint in schools and other child-care settings and prohibits intentionally inflicting physical pain on minors, passed on the Senate floor after debate and a sponsor amendment.

Sponsor Senator Steele told the body the bill recognizes "there are times and circumstances when the use of reasonable and necessary physical restraint or even force are appropriate to protect a child" but that intentional infliction of pain should be prohibited. Steele said the bill emphasizes school-level administrative responses and in-service training as alternatives to corporal punishment.

The nut graf: supporters argued the bill provides necessary protections for students and a measure of legal clarity for teachers, while critics cautioned about statewide mandates that might override local school-district decisions. Senator Peterson urged deference to local districts, saying the proper forum for discipline policy is at the local level; Senator Baird and other supporters said the bill applies beyond schools to all child-care settings and is consistent with national prevention efforts.

During floor consideration Steele moved an amendment to remove "babysitting" from the school definition (page 2, lines 6'8 in the sponsor's amendment) and the amendment was adopted. When the question was called, the clerk announced the roll call: SB 32 showed 17 ayes, 8 nays and 4 absent; the bill passed and was sent to the House for concurrence.

What it means: The enacted language (subject to any floor amendments at third reading) will prohibit intentional infliction of physical pain and provide statutory guidelines for when reasonable restraint is permitted, while encouraging training and administrative responses at the school level.