Corporal punishment or discipline? Why Marion County substitute accused of hitting kids to likely avoid arrest
Discipline or corporal punishment? Sub won't be charged
A substitute teacher in Marion County is accused of slapping students and using racial slurs by several students and parents. That substitute has been banned from the district, but has not been charged by police, which some parents are angry about. FOX 35's Marie Edinger talked with 8 parents, as well as the Ocala Police Department about the situation, including the difference between discipline and corporal punishment in Florida.
MARION COUNTY, Fla. - A substitute teacher filling in at South Ocala Elementary School has been fired from the Marion County Public School District after several students accused her of slapping, grabbing, and pushing kids, and of using racial slurs and other curse words.
Parents were livid about the initial situation. This week, FOX 35 learned that the substitute would likely not face charges under Florida law that allows corporal punishment in schools. Parents FOX 35 talked with are livid about that new development.
The backstory:
On Tuesday, Sept. 23, South Ocala Elementary School sent a letter to parents home with the students, which stated that there had been an allegation of a substitute teacher "unfitting language and physical actions that violated [the school’s] safety expectations."
On Wednesday, Sept. 24, the school's principal sent a Skylert message to parents notifying them that the substitute teacher "has been removed from the subbing system for South Ocala Elementary School and Marion County Public Schools."
FOX 35 talked with several parents who were furious about the entire situation, which left them with more questions than answers.
Florida substitute teacher accused of slapping students
Parents at South Ocala Elementary are demanding answers after a substitute teacher was accused of hitting students and using inappropriate language in a fourth-grade classroom.
What they're saying:
"The teacher had smacked her right on her neck and shoulder and left red marks," parent Aishya Thomas told FOX 35 last week.
"I was like, what are you talking about? What do you mean you got hit by a teacher?" another parent said, who did not want to publish their name.
"He also mentioned to me that she was saying racial slurs," said parent Elizabeth Martinez.
Police: Charges likely not to be filed
What they're saying:
Last Tuesday, FOX 35 reached out to Ocala Police about the alleged incident.
"The school’s resource officer investigated the incident and found no evidence of physical assault. No injuries and no arrests occurred," Ocala Police said in a statement.
A police report for the incident at South Ocala Elementary said the sub’s "intent was not to commit battery" and that even though some students were given ice packs, they didn’t have obvious signs of injury.
The substitute, who FOX 35 is not naming as she had not been charged with a crime, told police that she did lightly touch the students, but denied hitting them and denied using racial slurs or cursing. She told police that the class was unruly and that she had contacted the school's front office for help.
FOX 35 has reached out to the accused teacher for comment.
Corporal Punishment: What Florida law says
Local perspective:
Corporal punishment in Florida is defined as, "The moderate use of physical force or physical contact by a teacher or principal as may be necessary to maintain discipline or enforce school rule."
Corporal punishment is against Marion County Public School District policy. However, it is technically legal in Florida.
This year, HB 1255 went into effect, which defined how corporal punishment can be delivered and also requires parents to opt in – essentially giving the school permission – to corporal punishment for their child.
It also indicates that corporal punishment can only be given by a teacher or principal in the presence of another adult.
None of that occurred in this case, but the law doesn't include clear penalties for violations. FOX 35 News has previously reported on verbiage for laws surrounding corporal punishment being written with intentionally vague language.
By the numbers:
Data from the Florida Department of Education says corporal punishment was used 516 times in the state in the 2023 school year, which is the most recent year with data available.
Dashionna Burgess said her daughter tried to run to a neighboring classroom when their substitute teacher started shouting racial slurs at the kids. She said before her daughter could leave, the sub allegedly grabbed her before she could get help.
"I was angry," Burgess told FOX 35 on Tuesday. "Manhandled her by the arm. And my daughter's tiny. She basically shoved her back in the classroom while still gripping her arm."
Burgess is the eighth parent FOX 35’s Marie Edinger has talked to about the situation. She is also the eight parent who is angry that the substitute has not been arrested or charged with a crime.
"If I have not given you permission to put your hands on my kid, you have no reason to put your hands on the kid," she said.
The Source: FOX 35’s Marie Edinger talked with 8 parents on camera and several more over Facebook messenger and on the phone. She read the final version of HB 1255 in its entirety and reached out to every State representative who co-sponsored the bill. She reviewed the incident report from the Ocala Police Department and spoke with the Public Information Officer. Additional info from Marion County School District and publicly available data from the Florida Department of Education.