Teachers' General Duty of Custody and Control. In most discipline and control situations, a teacher's legal position is that of “in loco parentis.”1 As traditionally formulated, California public school educators legally stand in “a position in reference to a child of that of a lawful father, assuming the office of a father and . . . , discharging parental duties, although not the parent.”2 Teachers shall not be subject to criminal prosecution or criminal penalties for exercising, during the performance of duties, the same degree of physical control over a pupil that a parent would be legally privileged to exercise, which shall not exceed the amount of physical control reasonably necessary to maintain order, protect property, protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. ED. CODE § 44807.| Under California law, “[e]very teacher shall enforce the course of study, . . . and the rules and regulations prescribed for schools.” ED. CODE § 44805. California law requires every public school teacher to hold pupils to a strict account for their classroom behavior and their conduct on the way to and from school, on the playgrounds, or during recess. ED. CODE § 44807. Teachers are not responsible or liable for the conduct or safety of pupils while they are not on school property, unless the teacher has undertaken to provide transportation to and from school, or undertaken school activity off the campus, or otherwise assumed responsibility or liability, or has failed to exercise reasonable care. ED. CODE §§ 44808, 87706.
Teachers' General Duty of Custody and Control. In most discipline and control situations, a teacher's legal position is that of “in loco parentis.”1 As traditionally formulated, California public school educators legally stand in “a position in reference to a child of that of a lawful father, assuming the office of a father and . . . , discharging parental duties, although not the parent.”2
