Corporal Punishment in Public Schools

Corporal Punishment in Public Schools:

A Teachers Perspective

William Allan Kritsonis, PhD

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Corporal Punishment
in Public Schools

A Teachers Perspective 2
Disciplinenot the same as Punishment

Learning how to effectively discipline a child is an

important skill that all parents and teachers need to
learn.
Discipline is not the same as punishment!
Discipline has to do more with teaching, and involves
teaching a child/student
right from wrong

how to respect the rights of others

which behaviors are acceptable and which are not

how to be self-confident, self-disciplined, and how to

control his/her impulses
to not get overly frustrated with the normal stresses
of everyday life

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 Do we spare the rod and spoil the child or use
corporal punishment to correct inappropriate
behavior?

These two viewpoints are quite controversial

Some are very passionate about spanking
Others are adamant about using alternative
disciplinary measures

Discipline can be PAINFUL or PLAUSIBLE depending

on who is on the receiving end!

Corporal Punishment: painful, intentionally

inflicted physical penalty administered by a person
in authority for disciplinary purposes. Forms of CP:
beating, whipping, paddling, flogging

Alternative measures: peaceful, calm, and usually

entail counseling, instruction, and chances for
betterment.
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I think we can all agree that
this is NOT the time to lay
blame and point fingers, but
to work TOGETHER to find
solutions.

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 How to prevent Corporal Punishment from starting

establish clear behavior expectations and

guidelines
focus on student success and self-esteem
seek student input on discipline rules
use a systems approach for prevention,
intervention and resolution
develop levels of incremental consequences
enforce rules with consistency, fairness, and
calmness
plan lessons that provide realistic opportunities for
success
monitor the classroom environment continuously to
prevent off-task behavior and student disruptions

provide students with social skills training and

instruction, character education, student
recognition, and involve them in peer mediation 6
 Arguments Against Corporal Punishment
It perpetuates a cycle of child abuse and
it teaches children to hit someone
smaller and weaker when angry.
CP is often not used as a last resort, but
as a first resort for minor misbehaviors.
Injuries can occur, bruises are common,
there can be broken bones, and even
deaths have been reported.
Schools are the only institutions in the
United States in which striking another
person is legal. CP is not permitted in
prisons, mental hospitals, or the military.
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 Arguments Against Corporal Punishment Cont

Educators should understand

they expose themselves to potential personal
liability for damages when they paddle
children.
despite of authorization by local/district
policy and parental consent, suits can still
be filed alleging the paddling was excessive
or negligent, resulting in bodily injury.
every year there are reported cases in which
parents have filed
Abuse charges
Criminal complaints
SBEC complaints
Personal suits for damages
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 The Facts Behind Corporal Punishment
Corporal punishment in public schools is legal in 23 of our U.S.
states.

Alabama, Arizona, Arkansas, Colorado, Delaware, Florida,

Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi,
Missouri, New Mexico, North Carolina, Ohio, Oklahoma,
Pennsylvania, South Carolina, Tennessee, Texas, and Wyoming

According to estimates from the federal Department of

Education, one third of all the cases of CP occur in just two
states: Texas and Mississippi---add Arkansas, Alabama, and
Tennessee, these five states account for almost three quarters of
all the nations school paddlings.

CP is used much more often on poor children, minorities,

children with disabilities, and boys---the U. S. Department of
Education, Office for Civil Rights, reported that African-American
students comprise 17% of all public school students in the U.S.;
yet, statistics show Black students are at 38% when it comes to
having CP inflicted on them, which is more than twice the rate of
white students. 9
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 Corporal Punishment Court
Case
Ingraham v. Wright
The Court ruled that corporal
punishment of public school students,
did not require any formal due
process measures, such as notice and
a hearing and under no circumstances
could be considered cruel and
unusual punishment as that term is
used in the Eighth Amendment. Thus,
in effect, the Supreme Court (by a 5-4
margin) left the regulation of corporal
punishment to state and local officials11
Corporal Punishment Court Case
Cunningham v. Beavers
Two kindergartners were caught
snickering and were given swats
with a wooden paddle by both the
teacher and the principal. The
paddling even left bruises on the two
young girls, but the Fifth Circuit Court
concluded there was no constitutional
violation of either due process or
equal protection and if there were a
violation of law, it was a matter for 12
 Corporal Punishment Court Case
Fee v. Herndon
In this situation, the parents authorized appropriate
personnel to punish their emotionally disturbed child
with three paddle swats; and even though these
parents consented, they filed suit against the principal
for this beating, claimed their child spent six months in
a psychiatric hospital which costs them $90,000, and
brought action against the special education teacher
who allegedly failed to intervene in the spanking. The
District Court for the Southern District of Texas,
dismissed the case for failure to state a claim, and the
parents appealed. The Court of Appeals dismissed the
case as well and stated that: 1) Texas law afforded
adequate post punishment civil and criminal remedies,
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and 2) Texas law did not impose upon the teacher a
Corporal Punishment and the Judicial System

Public school children have no recourse in federal court

under the due process clause of the Fourteenth Amendment
for allegations of abuse of corporal punishment.
There have been efforts to eliminate corporal punishment,
but NO ONE has succeeded!
Even when corporal punishment has been arguably
excessive, federal courts have remained unmoved.
(Cunningham v. Beavers)
Even when corporal punishment has been authorized by
parents, federal courts have stuck to their guns. (Fee v.
Herndon)
To lessen the chances of damage suits, most schools specify
that corporal punishment can be used only
under certain circumstances
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 GOD Ordained Corporal Punishment
as a Method of Discipline

Many believe that corporal punishment is a GOD ordained method

of discipline, that there are situations where it is the best option;
and that completely ruling it out as a discipline option is in direct
conflict with GODs advice!
GOD tells us:
Proverbs 13:24 states, He that spareth his rod hateth his son:
but he that loveth him chasteneth him betimes.
Proverbs 22:15 states, Foolishness is bound in the heart of a
child; but the rod of correction shall drive it far from him.
Proverbs 23:13-14 says, Withhold not correction from the child:
for if thou beatest him with the rod, he shall not die. Thou shalt
beat him with the rod, and shalt deliver his soul from hell.

Along with the aforementioned Bible verses, some will argue:

CP did them no harm and they live productive lives.
They are resilient to harm and sarcasm.
It is effective, especially in emergency situations like a kid
running in the street or touching something that could harm
them.
They stress that abuse and spanking are two different things. 15
 My Perspective on Corporal Punishment

I am an advocate of CP.
Corporal punishment should be a means of discipline if all other
measures of correction have exhausted themselves.
There should be levels of punishment, chances, warnings, counseling
sessions, and parent involvement. However, if those still do not work
then we should try an alternative method which should be CP.
I feel that this act helps a child to remember that pain is not pleasant
and if you do not want to experience such pain then dont keep
misbehaving.
I feel this will save a great deal of paperwork such as referrals and
detention notices.
CP will free the office, in school suspension rooms, detention halls, and
alternative campus learning centers of misbehaved children.
Teachers should explain their reasoning for the paddling and show the
student that all other means were tried and were unsuccessful. This
way, the student sees the reasoning behind the punishment and can
hopefully see that it was HE/SHE who could not apply themselves and
follow the rules and it was US who went above and beyond in trying to
address misbehavior before it came to this final measure!!!

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 RESOURCES
Center for Effective Discipline. (2007a).
School corporal punishment alternatives.
[On-line]. Available: www.stophitting.com

Center for Effective Discipline. (2007b).

Arguments against corporal punishment.
[On-line]. Available: www.stophitting.com

Center for Effective Discipline. (2007c). U. S.

: Corporal punishment and paddling
statistics by state and race. [On-line].
Available: www.stophitting.com
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 RESOURCES cont
The Young Earth Creation Club. (2007).
Corporal punishment (spanking) is strongly
supported by God in the Bible. [On-line].
Available: www.creationists.org

Walsh, J., Kemerer, F., & Maniotis, L. (2005).

The educators guide to Texas school law.
Austin: University of Texas Press.

World Corporal Punishment Research. (2007).

Corporal punishment in US schools. [On-
line]. Available:
www.corpun.com/counuss.htm
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