For Legislators
Priority legislative request
Ban corporal punishment in private schools
Summary
Our top legislative priority is to protect all California children from corporal punishment in schools. To do this, we seek a simple but critical amendment to Education Code § 49001 that adds “private school” to the existing language that currently protects only public-school students. No child’s safety should depend on the type of school they attend.
Problem
California law bans corporal punishment in public schools, but leaves children in private schools without the same protections.
This legal gap means that hundreds of thousands of students (545,740 students in 2024-2025) are not legally protected to physical discipline at school, which research shows harms children’s physical and mental health.
Solution
Introduce and support legislation amending Education Code § 49001 to explicitly include “private” schools. This small change closes a long-standing loophole and ensures that every child in California, regardless of school type, is protected from corporal punishment.
Cost
Drafting and introducing a bill may involve routine administrative or legal fees. To support this effort, donations from individual contributors aligned with BanHittingKids.com and the U.S. Alliance Against the Hitting of Children may be offered. The anticipated fiscal impact is minimal, while the benefit to children’s safety and well-being is substantial.
Organizational support
Legislators and individuals who supported the 2019 California Democratic Party resolution
World Health Organization, which calls which calls for the elimination of all corporal punishment worldwide by 2030 due to the “scientific evidence that child corporal punishment carries multiple risks of harm and has no benefits for children, parents, or societies”
Organizational opposition
Private school institutions
Faith-based school associations
Parental-rights or small-government advocacy groups, such as:
Arguments in opposition
Opposition may claim that private schools should retain the right to discipline students according to internal policies, that banning corporal punishment interferes with religious or parental rights, or that state oversight is government overreach.
However, decades of research show corporal punishment harms children’s mental and physical health. Every child, regardless of school type, deserves protection from hitting and physical discipline. Institutional or ideological preferences cannot outweigh the right to a safe, violence-free childhood.
Success in other states
In 2025, Massachusetts introduced Bill H.625 to ban corporal punishment in private schools, extending protections already in place for public-school students. This shows that closing the legal gap is possible and aligns with research confirming that corporal punishment harms children’s physical and mental health. California can follow this proven path to ensure all children are equally protected, regardless of school type.
Bill language
Proposed Edited Education Code § 49001
(Amendments would add “private” alongside “public” where relevant.)
Education Code - EDC
TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001]
(Title 2 enacted by Stats. 1976, Ch. 1010.)
DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001]
(Division 4 enacted by Stats. 1976, Ch. 1010.)
PART 27. PUPILS [48000 - 49703]
(Part 27 enacted by Stats. 1976, Ch. 1010.)
CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056]
(Chapter 6 enacted by Stats. 1976, Ch. 1010.)
ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001]
(Article 5 enacted by Stats. 1976, Ch. 1010.)
49001.
(a) For the purposes of this section “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public or private school 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, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.
(b) No person employed by or engaged in a public or private school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable.
(Repealed and added by Stats. 1986, Ch. 1069, Sec. 4.)
Email info@banhittingkids.com for more information.