From: Tom Johnson Date: Fri, May 3, 2013 at 10:37 PM Subject: State law on corporal punishment To: nick.banaszak@whnt.com Mr. Banaszak, I just read your April 24th news report, State Law Shields Fired School Contract Worker From Charges. You may be interested in these recent exchanges I had with the Hunstville Police Department and the Madison County DA's office. From: Tom Johnson Date: Fri, Apr 26, 2013 at 3:26 PM Subject: Use of physical force on students To: harry.hobbs@huntsvilleal.gov Dear Officer Hobbs, I have read some news reports stating that the Huntsville Police Dept., in consultation with the Madison County District Attorney's Office, decided that the recent belt-spanking of students by a teacher at University Place Elementary didn't warrant any charges being filed "because Alabama law allows teachers to use physical force to maintain discipline or promote welfare of a child" (source: WAATV.com, April 24th). However, my understanding of Sections 16-28A-1 and 16-28A-2 of the Alabama code is that such immunity is contingent on adherence to local school policy--which was not the case here. Could you clarify under what conditions a teacher striking a student would carry criminal liability (e.g., assault)? Tom Johnson (Nashville, TN) Tennesseans for Nonviolent School Discipline From: Hobbs, Harry Date: Fri, Apr 26, 2013 at 5:31 PM Subject: Fwd: Use of physical force on students To: Tom Johnson Sent from my Verizon Wireless 4G LTE Sir, The Huntsville Police Department completely and thoroughly investigated the incident and presented the results of that investigation to the Madison County District Attorney’s Office. There is no dispute of the facts that were presented for review. The District Attorney’s office reviewed the facts and declined prosecution in this case. I would refer you to the Madison County District Attorney’s Office for any more questions you may have. The Huntsville Police Department has no further comments. Dr. Hobbs From: DA Office Date: Thu, May 2, 2013 at 2:20 PM Subject: RE: Website Inquiry Use of physical force on students To: Tom Johnson This office cannot give legal advice unless you are the victim of a crime. The cases we prosecute are brought to us by local law enforcement agencies after they complete thorough investigations. While we sometimes are called to give advice during such criminal investigations, we do not speculate on generalities. From: Tom Johnson Date: Fri, May 3, 2013 at 10:46 AM Subject: Re: Website Inquiry Use of physical force on students To: DA Office Thanks for the reply. Given that you're not able to speculate on generalities, please indicate if possible whether the following qualifiers found in section Sec. 16-28A-1 and 2 were considered by your office with respect to the specific case of the University Place Elementary teacher: . . . So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, each teacher shall be immune from civil or criminal liability. . . .The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of students when the punishment is consistent with established written policies of the employing board of education. From: DA OFFICE Date: Fri, May 3, 2013 at 3:45 PM Subject: RE: Website Inquiry Use of physical force on students To: Tom Johnson As I stated, we cannot and do not comment on any specific cases unless you are the victim.

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