In Alabama, for instance, while the state leaves the specifics up to school districts, it requires districts to go though a careful process in setting rules that must be carefully followed.

The policies are designed through public hearings at which parents, business people, and others outside the school system are brought in to help shape the guidelines.

"It's not meant to embarrass a child. It's meant as a tool of last resort," said Tom Salter, a spokesman for the Alabama State Department of Education.

Generally, the guidelines include some or all of the following:

  No spanking of students in front of other students, as it was done in the past

  The number of swats a student should receive should be specified

  The person administering the punishment must be either a school administrator or someone substituting for the school administrator

  There must be a witness present to make sure that the procedure follows the policy's guidelines

  Corporal punishment must be a last resort after other non-corporal punishments have been attempted

  The person administering the punishment is not the person who the student directly got into trouble with, to assure that there are no emotions involved in the administration of the spanking

  The person administering the punishment should take into account the student's sex, size, and their general physical condition

  Some policies specify the instrument that is to be used in the spanking, while others say an appropriate instrument must be used

  Most policies specify that the punishment must be applied to a fleshy part of the body, such as the buttocks

  Some policies allow parents the opportunity to opt out of corporal punishment of their child by signing a form at the beginning of the school year

  Parents are made aware of the school's policy on discipline

Even with all the policies in place, Salter said school officials try to avoid corporal punishment.

Although parents are aware of the school's corporate punishment policy, Salter said many teachers still fear that their jobs will be in jeopardy when they are forced to implement a spanking to a student.

"If you ask teachers or administrators what they fear the most, it's lawsuits," he said. "You can be assured that teachers go out of their ways to follow the required procedure."

However, there's still a risk that something will go wrong for the teacher.

"There's sill the possibility for them to be attacked personally in either a civil or criminal suit," Salter said.

Salter said he could not recall an incident where a teacher was hit with a lawsuit, or faced the possibility that their certificate was revoked. However, if abuse of corporal punishment is suspected, local authorities, and law enforcement would be asked to investigate and prosecute if necessary.

— Francine Vida, ABCNEWS.com