A South Carolina teacher resigned after she was caught slapping a student. The story is a good reminder that, even if a student is misbehaving, teachers and other school staff have no excuse for resorting to violence.

Every child deserves to feel and be safe at school. If you believe your child is being harassed or bullied, the Education Law Team at the Lento Law Firm can help. We work with families nationwide to protect their students and their students' rights at school. Call us at 888-535-3686 or fill out an online form.

No Excuse

News reports state that, on Jan. 6, a student fell asleep during class. A teacher, identified as Sharon Louise Benson, allegedly slapped the student twice in the face to wake them up.

When later interviewed by authorities, the student said they felt the slaps before waking up, falling out of the chair, and hitting their head. Authorities interviewed the student, who was with their aunt at an emergency room on Jan. 9. The aunt stated that she had been informed of the incident on Jan. 8.

Security footage appeared to confirm the incident. While sitting in a chair, the student had been pushed into the hallway outside of the classroom. Benson came out of the classroom to check on the student and found the student sleeping, at which point she slapped the student.

The school put Benson on administrative leave. She resigned on Jan. 10. News reports haven't stated whether she will face criminal charges.

Discipline Not Violence

Students shouldn't sleep in school, but a student's misconduct is never an excuse or explanation for physical violence or assault. Schools can discipline students through a variety of means, from removal from a classroom to suspension.

During the school day, schools act in loco parentis to their students. This means they have a duty to care, and a school breaches that duty when staff members act in ways that make students feel unsafe, such as by slapping them or engaging in other forms of corporal punishment.

In general, schools are prohibited from engaging in corporal or physical punishment. An increasing number of states have either prohibited or severely limited the practices of seclusion and restraint. These practices, rather than improve discipline, often make students feel unsafe and increase behavioral issues.

Even when schools follow policy and law when disciplining students, disciplinary action may be unduly harsh. A school may unfairly single out a student for disciplinary action. Staff or teachers may hold a student to a different standard than their classmates or fail to understand how a disability can affect a student's behavior and conduct.

Protect Your Student

All students deserve to feel safe at school. Acting out, talking back, roughhousing: None of this is a justification for school staff physically harming or assaulting a student.

If you believe a staff member has engaged in prohibited physical contact with your student, the Education Law Team at the Lento Law Firm can help. We work with families in South Carolina and nationwide to protect their students. Call us at 888-535-3686 or fill out an online form.