Florida law gives teachers and other school personnel the "authority to maintain discipline" and also "exempts them from potential criminal charges."
A Florida pastor accused of whipping 16 elementary school students will not face charges for his actions due to state law.
The State Attorney’s Office for the Ninth Judicial Circuit announced on Thursday that their office would not prosecute the educator because Florida law "grants teachers and school personnel the authority to maintain discipline within the scope of parental expectations and practices and exempts them from potential criminal charges."
State Attorney Andrew Bain says that he "cannot prove there was an intent to inflict physical injury or bodily harm to the children" and that the evidence presented to his office had not "proven beyond a reasonable doubt that the senior leader intended to strike the students without authority to act."
Parents of the children spoke with members of the Orlando Police Department (OPD) on Nov. 2, the day of the alleged incident, says the State Attorney's Office.
Those parents, speaking on behalf of their young children, told police that the incident started when a senior leader was called into their children’s fourth-grade classroom, according to Bain.
That senior leader had been called in because of the students' disruptive and disrespectful behavior, said Bain
This is when the parents allege that the pastor lined up the 16 students in the classroom and proceeded to lash them three times on their hip, legs, and backsides with his belt, according to the State's Attorney's Office.
"The senior leader admitted to police that he administered the spankings, stating he had warned students about the potential for it if they continued misbehaving which was consistent with the prior handbook’s requirement," writes Bain. "He told officers the school’s principals and counselors had previously used corporal punishment in prior years. The official said he was unaware of the change to the handbook."
Investigating officers from the Orlando Police Department did confirm that the school's parent handbook included a provision which allowed for corporal punishment, however that provision was not in the most recent parent handbook.
Meanwhile, Florida law gives teachers and other school personnel the "authority to maintain discipline within the scope of parental expectations and practices and exempts them from potential criminal charges," says Bain in his statement.
There are also no grounds for child abuse because "it is not reasonable to expect three lashes over clothing would cause an injury," says Bain.
"After reviewing the case, our office does not believe it can be proven beyond a reasonable doubt and our ethical standards prohibit us from filing charges," adds Bain.
Inside Edition Digital reached out to the parents of some of these children, but they have yet to respond to requests for comment.
"We are currently working with our district leadership to determine next steps regarding the pastor’s tenure, as well as how the school will operate moving forward. The pastor’s voluntary sabbatical will continue while we work through this internal process," says Alpha Larning Academy in a statement. "Our commitment is to ensure the school continues to be a place where every scholar is 'cared for, loved and supported in their desire to be the best they can be" and that the church remains a place of compassion, hope, and reconciliation."
The school provided not further comment, citing an ongoing internal investigation.
