Here are some characteristics of great teachers

 Great teachers set high expectations for all students. They expect that all students can
and will achieve in their classroom, and they don’t give up on underachievers.
 Great teachers have clear, written-out objectives. Effective teachers have lesson plans
that give students a clear idea of what they will be learning, what the assignments are
and what the grading policy is. Assignments have learning goals and give students ample
opportunity to practice new skills. The teacher is consistent in grading and returns work
in a timely manner.
 Great teachers are prepared and organized. They are in their classrooms early and
ready to teach. They present lessons in a clear and structured way. Their classrooms are
organized in such a way as to minimize distractions.
 Great teachers engage students and get them to look at issues in a variety of
ways. Effective teachers use facts as a starting point, not an end point; they ask “why”
questions, look at all sides and encourage students to predict what will happen next.
They ask questions frequently to make sure students are following along. They try to
engage the whole class, and they don’t allow a few students to dominate the class. They
keep students motivated with varied, lively approaches.
 Great teachers form strong relationships with their students and show that they
care about them as people. Great teachers are warm, accessible, enthusiastic and
caring. Teachers with these qualities are known to stay after school and make themselves
available to students and parents who need them. They are involved in school -wide
committees and activities, and they demonstrate a commitment to the school.
 Great teachers are masters of their subject matter. They exhibit expertise in the
subjects they are teaching and spend time continuing to gain new knowledge in their
field. They present material in an enthusiastic manner and instill a hunger in their
students to learn more on their own.
 Great teachers communicate frequently with parents. They reach parents through
conferences and frequent written reports home. They don’t hesitate to pick up the
telephone to call a parent if they are concerned about a student.

Cognitive skills are the core skills your brain uses to think, read, learn, remember, reason, and pay
attention. Working together, they take incoming information and move it into the bank of
knowledge you use every day at school, at work, and in life.

Each of your cognitive skills plays an important part in processing new information. That means if
even one of these skills is weak, no matter what kind of information is coming your way, grasping,
retaining, or using that information is impacted. In fact, most learning struggles are caused by one or
more weak cognitive skills.

Here’s a brief description of each of your cognitive skills, as well as struggles you may be
experiencing if that skill is weak:
Educator Learner Educator

Modify
Modify
Here are various ways learners ought to be disciplined in schools, and
corporal punishment is not one of them, having been banned since 1997. On
November 4, The Citizen reported that Daeraad School in the North West
stripped an 18-year-old learner naked and held her in solitary confinement
for nine days. This was punishment for sporting the wrong haircut and
refusing to shave her head. Daeraad is a boarding school in Potchefstroom for
learners with behavioural problems. Its principal, Abel Rudman, has denied
the allegations against the school. According to experts, this ‘punishment’ is
unacceptable. The Daily Vox explains what forms of discipline are legally
permissible in schools.

What methods are schools allowed to use to discipline pupils? There is a

difference between discipline and corporal punishment, Dr Shaheda Omar, director
of clinical services at the Teddy Bear Clinic, told The Daily Vox. “Discipline
means teaching acceptable behaviours and unlearning maladaptive behaviours with
support, guidance and direction in managing behaviour,” she said. Discipline is
about setting limits, clarifying roles, responsibilities and mutual expectations and
creating a predictable, orderly and stable life. It is not punitive and is in the best
interests of the child. On the other hand, corporal punishment intends grievous
bodily harm and violates the basic rights of the child, Omar said.

What does the law say? South Africa has a number of laws that protect learners
from corporal punishment and abuse. Section 12(1) of the Constitution states that
everyone has the right to freedom and security, including the rights: to be free from
all forms of violence, not to be tortured, treated or punished in a cruel, inhuman or
degrading way. Section 28(1)(d) protects every child from maltreatment, neglect,
abuse or degradation. Section 10 states that everyone has inherent human dignity
and the right to its protection.

Section 10(1) the South African Schools Act provides that no person may
administer corporal punishment at a school against a learner. A person who
contravenes this provision is guilty of a criminal offence, and, if convicted, can
receive a sentence that can be imposed for assault. The 1997 Abolition of
Corporal Punishment Act banned corporal punishment in schools as well.
Section 7(1)(h) of the 2005 Children’s Act says “any behaviour that would inflict
injury on a child whether it is physical or emotional is not allowed,” Omar said. If
at any point the discipline imposes suffering on the child it is not permitted, she
added.

The National Education Policy Act of 1996 mandated that the minister of
education develop policies about the control and discipline of learners, said Mila
Kakaza, spokesperson for education advocacy NGO Equal Education. This was to
ensure that “no person shall administer corporal punishment, or subject a student to
psychological or physical abuse at any educational institution”.

What are some examples of corporal punishment? Forms of corporal

punishment include hitting with a hand or an object, pinching, burning, throwing
objects at a learner, forcing children to stay in uncomfortable positions, kicking,
grabbing, scratching, pulling hair; or denying a child meals, the use of the toilet,
and shelter from heat or cold, Kakaza said.

What methods should schools be using to discipline learners? “The focus must
be on maintaining a safe and dignified schooling environment for learners,”
Kakaza said. Reward charts, merit and demerit systems, taking away privileges,
time-outs, detention - where learners can do school work - and picking up litter are
viable options. Any other ways of discussion and engagement that allows learners
to learn insight into their wrongful actions are encouraged, Omar added.

Does discipline differ when it comes to learners with behavioural problems or

special needs?Disciplinary methods are the same for learners with behavioural
problems, Omar said. It is important to take cognisance of the emotional level of
functioning of the child with special needs and respond accordingly and
appropriately, she added. “[Learners] with behavioural problems are acting out and
crying for help and need structure, routine, and predictability in their lives,” Omar
said, “they should be treated like all other children.”

When it comes to learners with disabilities, Kakaza said, “teachers must be trained
to appropriately assist learners with disabilities, and that means understanding the
specific disabilities of each learner”. However, learners with disabilities are more
vulnerable to, and more likely to experience physical abuse than children without
disabilities, Kakaza said. A 2012 UNICEF report entitled Violence Against
Children in South Africa explains that children with disabilities are easy targets for
abuse because they may be less able to report it, and are less able to defend
themselves.

What was wrong with the way the learner was treated at Daeraad
School? “Solitary confinement is an extreme and unlawful form of discipline and
may not be exercised by a school,” Kakaza said. Equal Education welcomes the
police investigation that is currently underway.

Dr Omar said the action taken at Daeraad School was drastic and would infringe
on the wellbeing and best interests of the learner. “It could be more harmful than
helpful, inducing trauma in the child,” she said.

When can school staff be taken to court or apprehended for abuse? An

educator or school staff member who has violated a child may have to follow legal
processes. Section 110 of the Children’s Act says teachers are legally obliged to
report abuse to appropriate authorities. The district office will investigate
complaints of corporal punishment against school staff and, depending on the
outcome, will refer the case to the Labour Relations Directorate for further
investigation and disciplinary hearings.

The Employment of Educators Act, as amended, distinguishes between

misconduct and serious misconduct and attaches different consequences to each,
Kakaza said. If the misconduct is also a criminal offence, separate and different
proceedings will occur. Serious misconduct could lead to dismissal. Other forms of
misconduct could lead to counselling, verbal or written warning or final warning,
fines, suspension, demotion, or dismissal.

What can pupils do if their school has infringed on their rights? Learners who
have been abused by their schools need to escalate the complaint to the highest
structures. The learners can report it to the head of department (HOD), and if it is
the HOD who has inflicted this punishment then the learner should take it up with
the principal. The next platform would be the school governing body, Omar said.
Incidences may also be reported to outside bodies like the department of social
development, department of education, the police, and the South African Council
for Educators, Kakaza said. “It is important to note that learners must be made
aware of how to report corporal punishment, and that systems must be put in place
that allow learners to report incidences while protecting them from reprisal,” she
added.
“Corporal Punishment in
Schools and Its Effect on
Academic Success” Joint
HRW/ACLU Statement
For the Hearing Before the House Education and Labor
Subcommittee on Healthy Families and Communities

Show More Services

Print

I. Introduction
Dear Chairperson McCarthy, Ranking Member Platts, and Members of
the Subcommittee:

On behalf of the American Civil Liberties Union (ACLU), its over half a
million members, countless additional supporters and activists, and fifty-
three affiliates nationwide and Human Rights Watch, one of the world's
leading independent organizations dedicated to defending and protecting
human rights, we applaud the House Education and Labor
Subcommittee on Healthy Families and Communitiesfor
conducting a hearing concerning the ongoing corporal punishment of
American public school children and its impact on their educational
success.

The ACLU is a nationwide, non-partisan organization working daily in

courts, Congress, and communities to defend and preserve the civil
rights and liberties that the Constitution and laws of the United States
guarantee everyone in this country. For thirty years, Human Rights
Watch has investigated human rights violations wherever they occur,
including in the United States, exposed the perpetrators, and advocated
for change. We are pleased to submit this written statement for the
record on the issue of corporal punishment in public schools - a vitally
important issue affecting children's access to high-quality education and
a safe and supportive learning atmosphere.

II. The Ongoing Use of Corporal

Punishment in Public Schools
Each year, hundreds of thousands of students are subjected to corporal
punishment in public schools.[1] Despite the many problems associated
with the hitting or paddling of students, corporal punishment is a legal
form of school discipline in 20 states.[2] Of these, thirteen states have
reported that corporal punishment was inflicted on over one thousand
students[3] -- and eight states reported its use against at least ten
thousand students[4]-- during the 2006-2007 school year. While
significant, these numbers do not tell the whole story. These statistics
only reflect data which has been reported to the Department of
Education and they only include the number of students who are
subjected to corporal punishment during the school year, not the total
number of times that an individual student has been hit over his or her
educational career.[5]

Aside from the infliction of pain and the physical injuries which often
result from the use physical punishments, these violent disciplinary
methods also impact students' academic achievement and long-term
well-being.[6] Despite significant evidence that corporal punishment is
detrimental to a productive learning environment, there is currently no
federal prohibition on the use of physical discipline against children in
public school. In fact, children in some states receive greater
protections against corporal punishment in detention facilities than they
do in their public schools.[7] For this reason and others, the ACLU and
HRW are encouraged that this subcommittee is seeking to address the
problems stemming from corporal punishment in schools.

III. The Disproportionate Use of

Corporal Punishment
Students of color and students with disabilities are disproportionately
subjected to corporal punishment, hampering their access to a
supportive learning environment. According to the Department of
Education, while African Americans make up 17.1 percent of public
school students nationwide, they accounted for 35.6 percent of those
who were paddled during the 2006-2007 school year.[8] In A Violent
Education and Impairing Education, two joint reports published by the
ACLU and HRW detailing the effects of corporal punishment in public
schools, interviewees noted the disproportionate application of corporal
punishment:

 One Mississippi high school student described the administration

of corporal punishment in her school this way: "every time you
walk down the hall you see a black kid getting whipped. I would
say out of the whole school there's only about three white kids
who have gotten paddled."[9]

 A Mississippi teacher also noted the racial disparity in the

administration of corporal punishment: "I've heard this said at my
school and at other schools: ‘This child should get less whips, it'll
leave marks.' Students that are dark-skinned, it takes more to let
their skin be bruised. Even with all black students, there is an
imbalance: darker-skinned students get worse punishment. This
really affected me, being a dark-skinned person myself."[10]

Evidence shows that students with disabilities are also disproportionally

subjected to corporal punishment. The Department of Education has
reported that although students with disabilities constitute 13.7 percent
of all public school students, they make up 18.8 percent of those who
are subjected to corporal punishment.[11] In many of these cases,
students were punished for exhibiting behaviors related to their
disabilities, such as autism or Tourette's syndrome.[12] The effects of
corporal punishment on students with disabilities can dramatically
impact their behavior and hamper their academic performance.
In Impairing Education, parents and grandparents of students with
disabilities noted the changes in behavior and barriers to educational
achievement stemming from the use of corporal punishment:
  A grandmother of a student who has Asperger's syndrome
withdrew him from his Oklahoma school in part because of the
hostile environment stemming from frequent use of corporal
punishment: "It made him much more introverted. He very much
didn't want to go to school . . . No one's supposed to go to school
to be tortured, school is supposed to be fun." [13]

 A mother of a student with autism reported that her son's

behavior changed after he was struck in his Florida school: "He's
an avoider by nature, before he was never aggressive. Now, he
struggles with anger; right after the incidents he'd have anger
explosions."[14]

Hitting any student should be an unacceptable practice, but the

disproportionate application of corporal punishment further undermines
the educational environment for minority groups and students with
disabilities.[15] A federal prohibition on corporal punishment in public
schools is necessary to protect students from the discriminatory impact
and the academic harms which it brings.

IV. The Impact of Corporal

Punishment On Students' Academic
Performance
Harsh physical punishments do not improve students' in-school
behavior or academic performance. In fact, one recent study found that
in states where corporal punishment is frequently used, schools have
performed worse academically than those in states that prohibit corporal
punishment.[16] While most states demonstrated improvements in their
American College Testing (ACT) scores from 1994 to 2008, "as a group,
states that paddled the most improved their scores the least."[17] At the
same time "the ten states with the longest histories of forbidding
corporal punishment improved the most" with improvement rates three
times higher than those states which reported frequent use of corporal
punishment.[18]
Many children who have been subjected to hitting, paddling or other
harsh disciplinary practices have reported subsequent problems with
depression, fear and anger.[19] These students frequently withdraw from
school activities and disengage academically.[20] The Society for
Adolescent Medicine has found that victims of corporal punishment
often develop "deteriorating peer relationships, difficulty with
concentration, lowered school achievement, antisocial behavior, intense
dislike of authority, somatic complaints, a tendency for school avoidance
and school drop-out, and other evidence of negative high-risk
adolescent behavior."[21] One Mississippi student interviewed for A
Violent Education described the effects of corporal punishment on his
attitude towards school:

 "[Y]ou could get a paddling for almost anything. I hated it. It was
used as a way to degrade, embarrass students. . . I said I'd never
take another paddling, it's humiliating, it's degrading. Some
teachers like to paddle students. Paddling causes you to lose
respect for a person, stop listening to them."[22]

Corporal punishment places parents and teachers in positions where

they may have to choose between educational advancement and
students' physical well-being. For instance, some parents who learn that
their children are being struck at public school find themselves without
recourse, unable to effectively opt-out from the practice, and unable to
obtain legal or other redress when their children have been paddled
against their wishes. Ultimately some parents find that the only way they
can protect their children from physical harm is to withdraw them from
school altogether.[23] Similarly, teachers who work in schools where
corporal punishment is administered are often reluctant to send
disruptive students out of the classroom because they are afraid the
students will be beaten.[24]

Moreover, a public school's use of corporal punishment affects every

student in that school, including those who are not personally subjected
to hitting or paddling. The prevalent use of physical violence against
students creates an overall threatening school atmosphere that impacts
students' ability to perform academically.[25] Often, children who
experience or witness physical violence will themselves develop
disruptive and violent behaviors, further disturbing their classmates'
learning as well as their own.[26]

Corporal punishment is a destructive form of discipline that is

ineffective in producing educational environments in which students can
thrive. Rather than relying on harsh and threatening disciplinary tactics,
schools and teachers should be encouraged to develop positive behavior
supports (PBS), which have proven effective in reducing the need for
harsh discipline while supporting a safe and productive learning
environment.[27] The Positive Behavior for Safe and Effective Schools
Act (H.R. 2597) would help states and Local Education Agencies
(LEAs) create positive learning environments by allowing them to use
Title I funds to develop PBS practices. This bill would also require the
Department of Education to provide assistance and support so that
states may fully realize the potential of supportive and flexible behavior
discipline practices. By abandoning ineffective and brutal disciplinary
practices, and by encouraging the adoption of PBS methods, our nation
can provide opportunities for all students to achieve academic success in
a supportive and safe school environment.

V. Recommendations
In order to prevent the continued use of violence against children in our
schools, we recommend that Congress:

 Introduce and pass federal legislation prohibiting the use of

corporal punishment in public schools, conditioned on the receipt
of federal funding.
 Define corporal punishment as any punishment by which physical
force is used with the intention of causing some degree of pain or
discomfort, however light.
 Promote the use of positive behavioral supports by passing H.R.
2597, and provide teachers and school administrators with the
tools and resources necessary to develop safe and effective
methods for encouraging positive student behavior
 Provide students and their families with a private right of action to
enforce their rights to be free from physical punishment and to a
 safe and supportive learning environment in administrative or
judicial actions.
 Require all schools and LEAs to report all instances where corporal
punishment is used, not just the number of students who are
punished in a given year. This data should be collected and
disaggregated by student subgroups to assess disproportionate
application.
 Provide funding to those states which implement PBS practices so
that teachers may be effectively trained to create safe and
supportive school discipline plans.

VI. Conclusion
The ACLU and HRW would like to thank Chairperson McCarthy and
the Subcommittee on Healthy Families and Communities for their
efforts to address the problems arising from corporal punishment in
public schools. The use of violence against students is never an
acceptable means of punishment - it harms students physically,
psychologically and academically. The use of corporal punishment in
schools is interfering with students' right to be treated with dignity and,
as a result, is interfering with their right to a quality education. By
prohibiting the use of corporal punishment and helping states to
develop safe and effective behavioral practices, this Congress could help
to ensure that our nation's children are able to achieve their full
educational potential in a supportive learning environment.

Corporal punishment: the thin line between discipline and

violence against children
This year the South African government is due to report to the UN Committee on the Rights of
the Child and the African Committee of Experts and Welfare on the Rights and Welfare of the
Child. Andrea Royeppen is waiting to see what government will do regarding promises made in
treaties with two organisations in light of damning statistics about violations of children’s rights
through the consistent practice of corporal punishment at home and at school.

Corporal punishment is defined as ‘any punishment in which physical force is used and intended
to cause some degree of pain or discomfort, however light’ by the UN Committee on the Rights of
the Child. Some view it as an acceptable form of discipline, others as violence against society’s
most vulnerable group. Either way, corporal punishment still exists even though it has been
banned in schools and alternative care settings such as foster care environments and child or
youth centres.

Corporal punishment in schools

According to the 2012 General Household Survey, 2.2 million children experienced some form of
corporal punishment at school in that year. This equated to 15.8% of children who bore testament
to the government’s inability to enforce the law. Such figures are on the increase even though the
South African Schools Act banned corporal punishment in schools in 1996.

Recent media attention and concerns magnified corporal punishment in schools after a 12-year-
old learner had to seek medical attention for a wound on his leg caused by a plank that was
thrown at him, allegedly by his teacher. In another highly publicised case, a Grade 2 learner in
Vosloorus was forced to clean her blood off the floor after she was allegedly beaten by her teacher
and suffered a nosebleed for spelling her name incorrectly.

These are just two of several recent cases that have been highlighted in the media; it is believed
there are many more like them that have remained unreported or just not received the same kind
of media attention. The prevalence of corporal punishment may be linked to the fact that it is not
seen as an issue of rights. The rising number of corporal punishment cases in South African
schools is no longer merely a moral dilemma, but has been propelled into the national
conversation on improving policy to protect children’s rights.

Corporal punishment as a child rights issue

Corporal punishment in schools was put under the spotlight at a recent conference of the South
African Human Rights Commission (SAHRC), held on the eve of Child Protection Week 2014.
Here, SAHRC chairman, Advocate Lawrence Mushwana, identified corporal punishment as a
serious hindrance to the rights of children as entrenched in the constitution.

Corporal punishment must be ended as it violates the learner’s rights to education and dignity.

‘It is therefore of grave concern that there are still schools that administer corporal punishment.
Corporal punishment must be ended as it violates the learner’s rights to education and dignity,’
he said. The outcome of the conference proposed that better co-ordination was needed among
education departments, the government, trade unions, educators and civil society to deal with the
problem.

A recent research report commissioned by the Centre for Child Law on Promoting effective
enforcement of the prohibition against corporal punishment in South African schools was
presented at the conference and showed there was no consistent approach to dealing with
educators who administered corporal punishment. This was coupled with ineffective responses
from the government departments in responding to and recording queries. Ensuring
accountability, improving reporting structures and more effective monitoring systems were all
discussed as points of departure to deal with corporal punishment.

The commitment to banning all forms of corporal punishment in schools is not taken seriously.
Why is corporal punishment still so prevalent in schools?
It is clear there is an ‘official ambivalence’ to the ban on corporal punishment, given that 15.8% of
the child population was still subjected to it in schools in 2012. The Department of Basic
Education has commented on the continued use of corporal punishment by linking it to a
reflection of a violent South African society.

The routine of violence was a particular area of concern mentioned at the SAHRC conference.
Here, Professor Julia Sloth-Nielsen, a senior professor in the Law Faculty at the University of the
Western Cape, said that, ’the problem lies with an active practise and culture of impunity’.

The commitment to banning all forms of corporal punishment in schools is not taken seriously.
In some cases, parents have either exacerbated the problem by encouraging teachers to use
beatings as a form of acceptable discipline or echoed this ‘official ambivalence’.

A ban on corporal punishment arose out of a need to break the cycle of violence and aggression in
SA.

Banning corporal punishment in the home

In an effort to address this situation, the Minister of Social Development, Bathabile Dlamini,
made a statement conveying the intention of the Department of Social Development to ban all
forms of corporal punishment, both in schools and homes. While it is difficult to negotiate and
prescribe methods of discipline to parents, Dlamini said the treatment of children in the home
environment also needed urgent attention and confirmed the government would extend the ban
on corporal punishment to the home.

The proposed legislation aims to reinforce the government’s commitment to the protection of
child rights and to reduce the harmful impact of corporal punishment on the development of the
child. It would also be used to encourage parents to use more positive forms of discipline.

The ban on corporal punishment in the home will be difficult to implement. Different forms of
discipline in the home are informed by different cultural values, religious persuasions and
established norms. Evidence generated in research has shown that a prohibition of corporal
punishment in school does not necessarily ensure that the rights of children are protected in
terms of them not being subjected to inhumane treatment.

It will be interesting to see how a policy banning corporal punishment in the home will be
monitored and evaluated. Such a policy will also need to be clear on defining acts of corporal
punishment and how parents or caregivers will be held accountable for their actions. Minister
Dlamini stated that the call for a ban on corporal punishment both in schools and homes arose
out of a need to break the cycle of violence and aggression in South Africa saying, ‘Children are
impressionable and when those in positions of authority use violent means to encourage
discipline, the children understand this as saying violence is permissible when trying to persuade
others to act in a certain way’.
Author: Andrea Royeppen, PhD intern, PAN: Children. PAN: Children
(www.children.pan.org.za) is a web-based platform managed by the HSRC and UNICEF that
provides a consolidated digital repository on the situation of children in South Africa.