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Wednesday, Aug. 12, 2009

Corporal Punishment in U.S.

Schools
By M.J. Stephey

Impairing Education
American Civil Liberties Union and Human Rights Watch
Aug. 11, 2009
62 pages

The Gist:

It seems like a scene from Oliver Twist — a young pupil being beaten by a 300-lb man wielding an
inch-thick wooden paddle — but according to a new report by Human Rights Watch and the American
Civil Liberties Union, nearly a quarter of a million children were subjected to corporal punishment in
public schools in the U.S. during the 2006-2007 academic year. Based on 202 interviews with parents,
students, teachers and administrators, and supplemented with data from the U.S. Department of
Education, the report reveals how the spare-the-rod-spoil-the-child philosophy continues to rule
thousands of classrooms across America, and how students with disabilities are disproportionately
affected by such draconian methods of discipline.

Highlight Reel:
1. What "corporal punishment" means: "Corporal punishment is defined under human-rights law as
"any punishment in which physical force is used and intended to cause some degree of pain or
discomfort." There is no comprehensive definition of corporal punishment under U.S. state or federal
law. The ACLU and Human Rights Watch documented cases of corporal punishment including hitting
children with a belt, a ruler, a set of rulers taped together or a toy hammer; pinching, slapping or
striking very young children in particular; grabbing children around the arm, the neck or elsewhere with
enough force to bruise; throwing children to the floor; slamming a child into a wall; dragging children
across floors; and bruising or otherwise injuring children in the course of restraint."

2. On its widespread use in classrooms, especially in punishing disabled students: "Corporal

punishment is legal under domestic law in 20 states ... Texas paddles the most students in the nation, as
well as the most students with disabilities ... The total number of students, with and without disabilities,
who were subjected to corporal punishment in the 2006-2007 school year was 223,190. ... Nationwide,
students with disabilities receive corporal punishment at disproportionately high rates. In Tennessee, for
example, students with disabilities are paddled at more than twice the rate of the general student
population. ... Students with autism are particularly likely to be punished for behaviors common to their
condition, stemming from difficulties with appropriate social behavior. ... Anna M., whose son with

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Corporal Punishment in U.S. Schools -- Printout -- TIME http://www.time.com/time/printout/0,8816,1915820,00.html

autism was physically punished repeatedly when he was seven years old, noted, "The teacher felt he was
doing some stuff on purpose. If you met him, you wouldn't know he was autistic straight away. People
thought we were making an excuse for him.' "

3. On why corporal punishment is still condoned: "Educators, who face the difficult task of maintaining
order in the classroom, may resort to corporal punishment because it is quick to administer, or because
the school lacks resources and training for alternative methods of discipline. One teacher pointed out
that corporal punishment can be considered 'cost-effective. It's free, basically. You don't have to be
organized. All you need is a paddle.' Logistical or financial obstacles may prevent teachers from using
other methods of discipline. One 18-year-old student who was critical of the use of corporal punishment
in his rural school district stated that 'we couldn't have after school detention. There was no busing. Kids
who got detention would have to find another way home.' "

4. On the aftermath: "The Society for Adolescent Medicine has documented serious medical
consequences resulting from corporal punishment, including severe muscle injury, extensive blood-
clotting (hematomas), whiplash damage and hemorrhaging. ... Corporal punishment led to deterioration
in family life, as parents were forced to withdraw children from school, resort to homeschooling and give
up jobs. ... Rose C.'s son was unable to tell her that he was repeatedly punished in school, but she
learned of some of the abuse after watching a security video. She said, 'I don't trust my own eyes
anymore.' "

The Lowdown:
As the report notes, corporal punishment is banned in most juvenile correction facilities in the U.S., and
yet it continues in public schools. The legal paradox can be traced to a 1977 Supreme Court ruling that
found the Eighth Amendment only protects convicted criminals from cruel and unusual punishment —
not students confined to a classroom. In its plea to convince federal and state lawmakers to impose a
national ban on the practice, the authors point out yet another paradox, using the words of a special-ed
teacher in Mississippi: "I see these children who get in fights and then get paddled. So you're supposed
to teach them not to hit by hitting them?"

The Verdict: Read

Read "Should Spanking Be Banned?"

Read "Inside the Mind of a 13-Year-Old."

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