W.A. Kritsonis, PhD - CORPORAL PUNISHMENT PPT.ppt

8/20/2019 W.A. Kritsonis, PhD - CORPORAL PUNISHMENT PPT.ppt

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William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

Public School LawPublic School Law

Corporal Punishment in Public Schools:Corporal Punishment in Public Schools:

A Teacher’s Perspective A Teacher’s Perspective

Lecture NotesLecture Notes



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Corporal PunishmentCorporal 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 efectively discipline a child is anLearning how to efectively discipline a child is animportant skill that all parents and teachers need toimportant skill that all parents and teachers need tolearn.learn.

Discipline is not the same as pnishment!Discipline is not the same as pnishment!

Discipline has to do more withDiscipline has to do more with teachingteaching" and involves" and involvesteaching a child#stdent$teaching a child#stdent$ right %rom wrongright %rom wrong how to respect the rights o% othershow to respect the rights o% others which &ehaviors are accepta&le and which are notwhich &ehaviors are accepta&le and which are not how to &e sel%'con(dent" sel%'disciplined" and how tohow to &e sel%'con(dent" sel%'disciplined" and how to

control his#her implsescontrol his#her implses to not get overly %rstrated with the normal stressesto not get overly %rstrated with the normal stresses

o% everyday li%eo% everyday li%e



)

Do we spare the rod and spoil the child or useDo we spare the rod and spoil the child or usecorporal punishment to correct inappropriatecorporal punishment to correct inappropriatebehavior?behavior?

These two viewpoints are quite controversial…These two viewpoints are quite controversial…Some are ver passionate about span!ingSome are ver passionate about span!ing

"thers are adamant about using alternative"thers are adamant about using alternativedisciplinar measuresdisciplinar measures

Discipline can be PA#$%&' or P'A&S#(') dependingDiscipline can be PA#$%&' or P'A&S#(') dependingon who is on the receiving end*on who is on the receiving end*

+orporal Punishment pain-ul, intentionall+orporal Punishment pain-ul, intentionallin.icted phsical penalt administered b a personin.icted phsical penalt administered b a person

in authorit -or disciplinar purposes/ %orms o- +Pin authorit -or disciplinar purposes/ %orms o- +Pbeating, whipping, paddling, .oggingbeating, whipping, paddling, .ogging

Alternative measures peace-ul, calm, and usuallAlternative measures peace-ul, calm, and usuallentail counseling, instruction, and chances -orentail counseling, instruction, and chances -or

betterment/betterment/



*

I think we can all agree that

this is NOT the time to la

blame an! point "ingers# but

to work TO$%T&%' to "in!

solutions(



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esta&lish clear &ehavior e,pectations andesta&lish clear &ehavior e,pectations andgidelinesgidelines

%ocs on stdent sccess and sel%'esteem%ocs on stdent sccess and sel%'esteem seek stdent inpt on discipline rlesseek stdent inpt on discipline rles se a -systems approach %or prevention"se a -systems approach %or prevention"

intervention and resoltionintervention and resoltion

develop levels o% incremental conse/encesdevelop levels o% incremental conse/ences en%orce rles with consistency" %airness" anden%orce rles with consistency" %airness" and

calmnesscalmness plan lessons that provide realistic opportnities %orplan lessons that provide realistic opportnities %or

sccesssccess monitor the classroom environment continosly tomonitor the classroom environment continosly to

prevent of'task &ehavior and stdent disrptionsprevent of'task &ehavior and stdent disrptions

provide stdents with social skills training andprovide stdents with social skills training andinstrction" character edcation" stdentinstrction" character edcation" stdentrecognition" and involve them in peer mediationrecognition" and involve them in peer mediation

How to prevent Corporal Punishment from starting…



Arguments Against Corporal PunishmentArguments Against Corporal Punishment

t perpetates a cycle o% child a&se andt perpetates a cycle o% child a&se and

it teaches children to hit someoneit teaches children to hit someonesmaller and weaker when angry.smaller and weaker when angry. P is o%ten not sed as a last resort" &tP is o%ten not sed as a last resort" &t

as a (rst resort %or minor mis&ehaviors.as a (rst resort %or minor mis&ehaviors. nries can occr" &rises are common"nries can occr" &rises are common"

there can &e &roken &ones" and eventhere can &e &roken &ones" and evendeaths have &een reported.deaths have &een reported.

4chools are the only instittions in the4chools are the only instittions in the5nited 4tates in which striking another5nited 4tates in which striking anotherpersonperson is legalis legal. P is not permitted in. P is not permitted inprisons" mental hospitals" or the military.prisons" mental hospitals" or the military.



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

7dcators shold nderstand$7dcators shold nderstand$ they e,pose themselves to potential personalthey e,pose themselves to potential personal

lia&ility %or damages when they paddlelia&ility %or damages when they paddlechildren.children.

despite o% athori8ation &y local#districtdespite o% athori8ation &y local#districtpolicy andpolicy and parental consentparental consent" sits can still" sits can still&e (led alleging the paddling was e,cessive&e (led alleging the paddling was e,cessiveor negligent" reslting in &odily inry.or negligent" reslting in &odily inry.

every year there are reported cases in whichevery year there are reported cases in which

parents have (ledparents have (led A&se chargesA&se charges riminal complaintsriminal complaints 497 complaints497 complaints

Personal sits %or damagesPersonal sits %or damages



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The Facts Behind Corporal PunishmentThe Facts Behind Corporal Punishment

orporal pnishment in p&lic schools is legal in 23 o% or 5.4.orporal pnishment in p&lic schools is legal in 23 o% or 5.4.states.states.

Ala&ama" Ari8ona" Arkansas" olorado" Delaware" ;lorida"Ala&ama" Ari8ona" Arkansas" olorado" Delaware" ;lorida"<eorgia" daho" ndiana" =ansas" =entcky" Loisiana" >ississippi"<eorgia" daho" ndiana" =ansas" =entcky" Loisiana" >ississippi">issori" ?ew >e,ico" ?orth arolina" @hio" @klahoma">issori" ?ew >e,ico" ?orth arolina" @hio" @klahoma"Pennsylvania" 4oth arolina" Tennessee" Te,as" and yomingPennsylvania" 4oth arolina" Tennessee" Te,as" and yoming

According to estimates %rom the %ederal Department o%According to estimates %rom the %ederal Department o%7dcation" one third o% all the cases o% P occr in st two7dcation" one third o% all the cases o% P occr in st twostatesB Te,as and >ississippi'''add Arkansas" Ala&ama" andstatesB Te,as and >ississippi'''add Arkansas" Ala&ama" and Tennessee" these (ve states accont %or almost three /arters o% Tennessee" these (ve states accont %or almost three /arters o%all the nation’s school paddlings.all the nation’s school paddlings.

P is sed mch more o%ten on poor children" minorities"P is sed mch more o%ten on poor children" minorities"children with disa&ilities" and &oys'''the 5. 4. Department o%children with disa&ilities" and &oys'''the 5. 4. Department o%7dcation" @Cce %or ivil ights" reported that A%rican'American7dcation" @Cce %or ivil ights" reported that A%rican'Americanstdents comprise 10E o% all p&lic school stdents in the 5.4.Fstdents comprise 10E o% all p&lic school stdents in the 5.4.Fyet" statistics show 9lack stdents are at 36E when it comes toyet" statistics show 9lack stdents are at 36E when it comes to

having P inGicted on them" which is more than twice the rate o%having P inGicted on them" which is more than twice the rate o%white stdents.white stdents.



1H



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Ingraham v. Wright

-The ort rled that corporalpnishment o% p&lic school stdents"-did not re/ire any %ormal de

process measres" sch as notice anda hearing and nder no circmstancescold &e considered -crel and

nsal pnishment as that term issed in the 7ighth Amendment. Ths"in efect" the 4preme ort I&y a *')marginJ le%t the reglation o% corporal

pnishment to state and local oCcials

+orporal Punishment +ourt+ase



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Corporal PunishmentCorporal Punishment Court CaseCourt Case

Cunningham v. Beavers

Two kindergartners were caght-snickering and were given swats

with a wooden paddle &y &oth theteacher and the principal. Thepaddling even le%t &rises on the twoyong girls" &t the ;i%th ircit ortconclded there was no constittionalviolation o% either de process ore/al protection and i% there were a

violation o% law" it was a matter %or



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Corporal Punishment Court CaseCorporal Punishment Court Case

Fee v. Herndon

n this sitation" the parents -athori8ed appropriatepersonnel to pnish their emotionally distr&ed childwith three paddle swatsF and even thogh these

parents consented" they (led sit against the principal%or this &eating" claimed their child spent si, months ina psychiatric hospital which costs them K:H"HHH" and&roght action against the special edcation teacherwho allegedly %ailed to intervene in the spanking. The

District ort %or the 4othern District o% Te,as"dismissed the case %or %ailre to state a claim" and theparents appealed. The ort o% Appeals dismissed thecase as well and stated thatB 1J Te,as law aforded

ade/ate post pnishment civil and criminal remedies"and 2 Te,as law did not im ose on the teacher a



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Corporal Punishment and the udicial !"stemCorporal Punishment and the udicial !"stem

P&lic school children have no recorse in %ederal cortnder the de process clase o% the ;orteenth Amendment%or allegations o% a&se o% corporal pnishment.

There have &een eforts to eliminate corporal pnishment"&t ?@ @?7 has scceeded!

7ven when corporal pnishment has &een arga&lye0cessive, %ederal corts have remained nmoved.ICunningham v. BeaversJ

7ven when corporal pnishment has &een authori1ed b

parents" %ederal corts have stck to their gns. IFee v.HerndonJ

To lessen the chances o% damage sits" most schools speci%ythat corporal pnishment can &e sed only

nder certain circmstances



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#$D $rdained Corporal Punishment#$D $rdained Corporal Punishment

as a )etho! o" *isciplineas a )etho! o" *iscipline

>any &elieve that corporal pnishment is a <@D ordained method>any &elieve that corporal pnishment is a <@D ordained method

o% discipline" that there are sitations where ito% discipline" that there are sitations where it isis the &est optionFthe &est optionFand that completely rling it ot as a discipline option is in directand that completely rling it ot as a discipline option is in directconGict with <@D’s advice!conGict with <@D’s advice!

<@D tells sB<@D tells sB Prover&s 13B2) states" -Me that spareth his rod hateth his sonBProver&s 13B2) states" -Me that spareth his rod hateth his sonB

&t he that loveth him chasteneth him &etimes.&t he that loveth him chasteneth him &etimes. Prover&s 22B1* states" -;oolishness is &ond in the heart o% aProver&s 22B1* states" -;oolishness is &ond in the heart o% a

childF &t the rod o% correction shall drive it %ar %rom him.childF &t the rod o% correction shall drive it %ar %rom him. Prover&s 23B13'1) says" -ithhold not correction %rom the childBProver&s 23B13'1) says" -ithhold not correction %rom the childB

%or i% tho &eatest him with the rod" he shall not die. Tho shalt%or i% tho &eatest him with the rod" he shall not die. Tho shalt&eat him with the rod" and shalt deliver his sol %rom hell.&eat him with the rod" and shalt deliver his sol %rom hell.

Along with the a%orementioned 9i&le verses" some will argeBAlong with the a%orementioned 9i&le verses" some will argeB P did them no harm and they live prodctive lives.P did them no harm and they live prodctive lives. They are resilient to harm and sarcasm. They are resilient to harm and sarcasm. tt isis efective" especially in emergency sitations like a kidefective" especially in emergency sitations like a kid

rnning in the street or toching something that cold harmrnning in the street or toching something that cold harm

them.them. They stress that a&se and spanking are two diferent things. They stress that a&se and spanking are two diferent things.



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%" Perspective on Corporal Punishment%" Perspective on Corporal Punishment

am an advocate o% P. am an advocate o% P. orporal pnishment shold &e a means o% discipline i% all otherorporal pnishment shold &e a means o% discipline i% all other

measres o% correction have e,hasted themselves.measres o% correction have e,hasted themselves. There shold &e levels o% pnishment" chances" warnings" conseling There shold &e levels o% pnishment" chances" warnings" conseling

sessions" and parent involvement. Mowever" i% those still do not worksessions" and parent involvement. Mowever" i% those still do not workthen we shold try an alternative method which shold &e P.then we shold try an alternative method which shold &e P.

%eel that this act helps a child to remem&er that pain is not pleasant %eel that this act helps a child to remem&er that pain is not pleasant

and i% yo do not want to e,perience sch pain then don’t keepand i% yo do not want to e,perience sch pain then don’t keepmis&ehaving.mis&ehaving.

%eel this will save a great deal o% paperwork sch as re%errals and %eel this will save a great deal o% paperwork sch as re%errals anddetention notices.detention notices.

P will %ree the oCce" in school sspension rooms" detention halls" andP will %ree the oCce" in school sspension rooms" detention halls" andalternative camps learning centers o% mis&ehaved children.alternative camps learning centers o% mis&ehaved children.

Teachers shold e,plain their reasoning %or the paddling and show the Teachers shold e,plain their reasoning %or the paddling and show thestdent that all other means were tried and were nsccess%l. Thisstdent that all other means were tried and were nsccess%l. Thisway" the stdent sees the reasoning &ehind the pnishment and canway" the stdent sees the reasoning &ehind the pnishment and canhope%lly see that it washope%lly see that it was 2)3S2)2)3S2) who cold not apply themselves andwho cold not apply themselves and%ollow the rles and it was%ollow the rles and it was &S&S who went a&ove and &eyond in trying towho went a&ove and &eyond in trying toaddress mis&ehavior &e%ore it came to this (nal measre!!!address mis&ehavior &e%ore it came to this (nal measre!!!



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&'!$(&C'!&'!$(&C'!

enter %or 7fective Discipline. I2HH0aJ.enter %or 7fective Discipline. I2HH0aJ.4chool corporal pnishment alternatives.4chool corporal pnishment alternatives.N@n'lineO. Availa&leBN@n'lineO. Availa&leB www.stophitting.comwww.stophitting.com

enter %or 7fective Discipline. I2HH0&J.enter %or 7fective Discipline. I2HH0&J.Argments against corporal pnishment.Argments against corporal pnishment.

N@n'lineO.N@n'lineO. Availa&leBAvaila&leB www.stophitting.comwww.stophitting.com

enter %or 7fective Discipline.enter %or 7fective Discipline. I2HH0cJ. 5. 4.I2HH0cJ. 5. 4.B orporal pnishment and paddlingB orporal pnishment and paddlingstatistics &y state and race. N@n'lineO.statistics &y state and race. N@n'lineO.

Availa&leBAvaila&leB www.stophitting.comwww.stophitting.com

http://www.stophitting.com/











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&'!$(&C'! cont…&'!$(&C'! cont…

The ong 7arth reation l&. I2HH0J. The ong 7arth reation l&. I2HH0J.orporal pnishment IspankingJ is stronglyorporal pnishment IspankingJ is stronglyspported &y <od in the 9i&le. N@n'lineO.spported &y <od in the 9i&le. N@n'lineO.Availa&leBAvaila&leB www.creationists.orgwww.creationists.org

alsh" Q." =emerer" ;." R >aniotis" L. I2HH*J.alsh" Q." =emerer" ;." R >aniotis" L. I2HH*J. The edcator’s gide to Te,as school law. The edcator’s gide to Te,as school law.AstinB 5niversity o% Te,as Press.AstinB 5niversity o% Te,as Press.

orld orporal Pnishment esearch. I2HH0J.orld orporal Pnishment esearch. I2HH0J.orporal pnishment in 54 schools. N@n'orporal pnishment in 54 schools. N@n'

lineO. Availa&leBlineO. Availa&leB

www.corpn.com#conss.htmwww.corpn.com#conss.htm

http://www.creationists.org/


http://www.corpun.com/counuss.htm




W.A. Kritsonis, PhD - CORPORAL PUNISHMENT PPT.ppt

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