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Corporal Punishment in Public Schools:Corporal Punishment in Public Schools:A Teacher’s PerspectiveA Teacher’s Perspective

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

Corporal Punishment in Public SchoolsCorporal Punishment in Public Schools

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Corporal Punishment Corporal Punishment in Public Schoolsin Public Schools

A Teacher’s PerspectiveA Teacher’s Perspective

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Discipline…not the same as PunishmentDiscipline…not the same as Punishment

Learning how to effectively discipline a child is an Learning how to effectively discipline a child is an important skill that all parents and teachers need to important skill that all parents and teachers need to learn. learn.

Discipline is not the same as punishment! Discipline is not the same as punishment! Discipline has to do more with Discipline has to do more with teachingteaching, and , and

involves teaching a child/student… involves teaching a child/student… right from wrong right from wrong how to respect the rights of others how to respect the rights of others which behaviors are acceptable and which are not which behaviors are acceptable and which are not how to be self-confident, self-disciplined, and how how to be self-confident, self-disciplined, and how

to control his/her impulsesto control his/her impulses to not get overly frustrated with the normal to not get overly frustrated with the normal

stresses of everyday lifestresses of everyday life

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

These two viewpoints are quite controversial… These two viewpoints are quite controversial… Some are very passionate about spankingSome are very passionate about spankingOthers are adamant about using alternative Others are adamant about using alternative disciplinary measuresdisciplinary measures

Discipline can be PAINFUL or PLAUSIBLE Discipline can be PAINFUL or PLAUSIBLE depending on who is on the receiving end!depending on who is on the receiving end!

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

Alternative measures: peaceful, calm, and usually Alternative measures: peaceful, calm, and usually entail counseling, instruction, and chances for entail counseling, instruction, and chances for betterment.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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establish clear behavior expectations and establish clear behavior expectations and guidelinesguidelines

focus on student success and self-esteem focus on student success and self-esteem seek student input on discipline rulesseek student input on discipline rules use a “systems approach” for prevention, use a “systems approach” for prevention,

intervention and resolution intervention and resolution develop levels of incremental consequencesdevelop levels of incremental consequences enforce rules with consistency, fairness, and enforce rules with consistency, fairness, and

calmness calmness plan lessons that provide realistic opportunities for plan lessons that provide realistic opportunities for

success success monitor the classroom environment continuously monitor the classroom environment continuously

to prevent off-task behavior and student to prevent off-task behavior and student disruptions disruptions

provide students with social skills training and provide students with social skills training and instruction, character education, student instruction, character education, student recognition, and involve them in peer mediationrecognition, and involve them in peer mediation

How to prevent Corporal Punishment from starting…

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Arguments Against Corporal PunishmentArguments Against Corporal Punishment

It perpetuates a cycle of child abuse and It perpetuates a cycle of child abuse and it teaches children to hit someone it teaches children to hit someone smaller and weaker when angry. smaller and weaker when angry.

CP is often not used as a last resort, but CP is often not used as a last resort, but as a first resort for minor misbehaviors.as a first resort for minor misbehaviors.

Injuries can occur, bruises are common, Injuries can occur, bruises are common, there can be broken bones, and even there can be broken bones, and even deaths have been reported.deaths have been reported.

Schools are the only institutions in the Schools are the only institutions in the United States in which striking another United States in which striking another person person is legalis legal. CP is not permitted in . CP is not permitted in prisons, mental hospitals, or the prisons, mental hospitals, or the military.military.

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Arguments Against Corporal Punishment Cont…Arguments Against Corporal Punishment Cont…

Educators should understand…Educators should understand… they expose themselves to potential they expose themselves to potential

personal liability for damages when they personal liability for damages when they paddle children.paddle children.

despite of authorization by local/district despite of authorization by local/district policy and policy and parental consentparental consent, suits can still , suits can still be filed alleging the paddling was excessive be filed alleging the paddling was excessive or negligent, resulting in bodily injury.or negligent, resulting in bodily injury.

every year there are reported cases in every year there are reported cases in which parents have filedwhich parents have filed Abuse chargesAbuse charges Criminal complaintsCriminal complaints SBEC complaintsSBEC complaints Personal suits for damagesPersonal suits for damages

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The Facts Behind Corporal PunishmentThe Facts Behind Corporal Punishment

Corporal punishment in public schools is legal in 23 of our U.S. Corporal punishment in public schools is legal in 23 of our U.S. states.states.

Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Ohio, Mississippi, Missouri, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, and Wyomingand Wyoming

According to estimates from the federal Department of According to estimates from the federal Department of Education, one third of all the cases of CP occur in just two Education, one third of all the cases of CP occur in just two states: Texas and Mississippi---add Arkansas, Alabama, and states: Texas and Mississippi---add Arkansas, Alabama, and Tennessee, these five states account for almost three quarters Tennessee, these five states account for almost three quarters of all the nation’s school paddlings.of all the nation’s school paddlings.

CP is used much more often on poor children, minorities, CP is used much more often on poor children, minorities, children with disabilities, and boys---the U. S. Department of children with disabilities, and boys---the U. S. Department of Education, Office for Civil Rights, reported that African-Education, Office for Civil Rights, reported that African-American students comprise 17% of all public school students American students comprise 17% of all public school students in the U.S.; yet, statistics show Black students are at 38% in the U.S.; yet, statistics show Black students are at 38% when it comes to having CP inflicted on them, which is more when it comes to having CP inflicted on them, which is more than twice the rate of white students.than twice the rate of white students.

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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 officials (Walsh, Kemerer, and Maniotis, p. 322).”

Corporal Punishment Court Case

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Corporal PunishmentCorporal Punishment Court Case 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 the state courts, not the federal ones.

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Corporal Punishment Court CaseCorporal Punishment Court Case

Fee v. HerndonIn 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, and 2) Texas law did not impose upon the teacher a duty to intervene in the corporal punishment.

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Corporal Punishment and the Judicial SystemCorporal 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

• by certain people

• in accordance with certain procedures and policy

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GOD Ordained Corporal PunishmentGOD Ordained Corporal Punishment as a Method of Disciplineas a Method of Discipline

Many believe that corporal punishment is a GOD ordained method Many believe that corporal punishment is a GOD ordained method of discipline, that there are situations where it of discipline, that there are situations where it isis the best option; the best option; and that completely ruling it out as a discipline option is in direct and that completely ruling it out as a discipline option is in direct conflict with GOD’s advice!conflict with GOD’s advice!

GOD tells us:GOD tells us: Proverbs 13:24 states, “He that spareth his rod hateth his son: Proverbs 13:24 states, “He that spareth his rod hateth his son:

but he that loveth him chasteneth him betimes.but he that loveth him chasteneth him betimes. Proverbs 22:15 states, “Foolishness is bound in the heart of a Proverbs 22:15 states, “Foolishness is bound in the heart of a

child; but the rod of correction shall drive it far from him. child; but the rod of correction shall drive it far from him. Proverbs 23:13-14 says, “Withhold not correction from the Proverbs 23:13-14 says, “Withhold not correction from the

child: for if thou beatest him with the rod, he shall not die. 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 Thou shalt beat him with the rod, and shalt deliver his soul from hell. from hell.

Along with the aforementioned Bible verses, some will argue: Along with the aforementioned Bible verses, some will argue: CP did them no harm and they live productive lives.CP did them no harm and they live productive lives. They are resilient to harm and sarcasm. They are resilient to harm and sarcasm. It It isis effective, especially in emergency situations like a kid effective, especially in emergency situations like a kid

running in the street or touching something that could harm running in the street or touching something that could harm them.them.

They stress that abuse and spanking are two different things. They stress that abuse and spanking are two different things.

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My Perspective on Corporal PunishmentMy Perspective on Corporal Punishment

I am an advocate of CP.I am an advocate of CP. Corporal punishment should be a means of discipline if all other Corporal punishment should be a means of discipline if all other

measures of correction have exhausted themselves. measures of correction have exhausted themselves. There should be levels of punishment, chances, warnings, counseling There should be levels of punishment, chances, warnings, counseling

sessions, and parent involvement. However, if those still do not work sessions, and parent involvement. However, if those still do not work then we should try an alternative method which should be CP.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 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 don’t keep and if you do not want to experience such pain then don’t keep misbehaving. misbehaving.

I feel this will save a great deal of paperwork such as referrals and I feel this will save a great deal of paperwork such as referrals and detention notices.detention notices.

CP will free the office, in school suspension rooms, detention halls, CP will free the office, in school suspension rooms, detention halls, and alternative campus learning centers of misbehaved children.and alternative campus learning centers of misbehaved children.

Teachers should explain their reasoning for the paddling and show Teachers should explain their reasoning for the paddling and show the student that all other means were tried and were unsuccessful. the student that all other means were tried and were unsuccessful. This way, the student sees the reasoning behind the punishment and This way, the student sees the reasoning behind the punishment and can hopefully see that it was can hopefully see that it was HE/SHEHE/SHE who could not apply who could not apply themselves and follow the rules and it was themselves and follow the rules and it was US US who went above and who went above and beyond in trying to address misbehavior before it came to this final beyond in trying to address misbehavior before it came to this final measure!!!measure!!!

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RESOURCESRESOURCESCenter for Effective Discipline. (2007a). Center for Effective Discipline. (2007a).

School corporal punishment alternatives. School corporal punishment alternatives. [On-line]. Available: [On-line]. Available: www.stophitting.comwww.stophitting.com

Center for Effective Discipline. (2007b). Center for Effective Discipline. (2007b). Arguments against corporal punishment.Arguments against corporal punishment.[On-line]. [On-line]. Available: Available: www.stophitting.comwww.stophitting.com

Center for Effective Discipline. Center for Effective Discipline. (2007c). U. (2007c). U. S. : Corporal punishment and paddling S. : Corporal punishment and paddling statistics by state and race. [On-line]. statistics by state and race. [On-line]. Available: Available: www.stophitting.comwww.stophitting.com

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RESOURCES cont…RESOURCES cont…

The Young Earth Creation Club. (2007). The Young Earth Creation Club. (2007). Corporal punishment (spanking) is strongly Corporal punishment (spanking) is strongly supported by God in the Bible. [On-line]. supported by God in the Bible. [On-line]. Available: Available: www.creationists.orgwww.creationists.org

Walsh, J., Kemerer, F., & Maniotis, L. (2005). Walsh, J., Kemerer, F., & Maniotis, L. (2005). The educator’s guide to Texas school law. The educator’s guide to Texas school law. Austin: University of Texas Press.Austin: University of Texas Press.

World Corporal Punishment Research. World Corporal Punishment Research. (2007). Corporal punishment in US (2007). Corporal punishment in US schools. [On-line]. Available: schools. [On-line]. Available: www.corpun.com/counuss.htmwww.corpun.com/counuss.htm