Short answer. No. Article 233 states that in no case shall a school administrator, teacher, or individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. Even though the teacher has the same authority over your child as you would, physical discipline is expressly prohibited.

What the law says

The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child.

Family Code, Article 233 — Substitute Authority; No Corporal Punishment. Read the full provision →

Broad authority, but with a firm exception

Article 233 first grants a wide scope of authority: the person exercising substitute parental authority shall have the same authority over the person of the child as the parents. This means a school administrator, teacher, or someone engaged in child care can generally exercise the same kind of authority over your child that you would as a parent while your child is in their care. But the article immediately narrows that authority in one specific, absolute way that answers your question directly.

Corporal punishment is prohibited without exception

The second sentence draws a hard line: in no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. The phrase 'in no case' leaves no room for exceptions based on the severity of the child's misbehavior, the school's disciplinary policies, or any other justification. Whatever authority a teacher otherwise has over your child, physically disciplining them is placed entirely outside that authority.

Why the law carves out this specific limit

Granting teachers and caregivers the same authority parents have makes sense given how much time children spend under their supervision and how necessary some disciplinary authority is to maintaining order and safety. But the law draws a line at physical punishment specifically, recognizing that corporal punishment carries risks of harm and abuse that the broader grant of parental-like authority is not meant to extend to. The prohibition applies regardless of how the authority is otherwise exercised, singling out this one method of discipline as never permitted.

What this means if it happens to your child

If a teacher or school administrator has physically disciplined your child while exercising special parental authority over them, that conduct falls outside what Article 233 permits, since the prohibition is stated without qualification. The authority the school and its staff hold over your child while in their care does not extend to inflicting corporal punishment, no matter the circumstances that led to the disciplinary situation.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.