Dr. William Allan Kritsonis - Corporal Punishment in Public Schools, PPT.

1. Corporal Punishment in Public Schools
Corporal Punishment in Public Schools:
A Teacher’s Perspective
William Allan Kritsonis, PhD
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2. Corporal Punishment
in Public Schools
A Teacher’s Perspective 2

3. Discipline…not 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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4.  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. 4

5. 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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6. 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
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7. 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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8. 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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9. 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 nation’s 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.
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11. 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 officials (Walsh, Kemerer,
and Maniotis, p. 322).” 11

12. 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
the state courts, not the federal 12
ones.

13. 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, and 2) Texas law did not impose upon the
teacher a duty to intervene in the corporal punishment.
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14. 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
• by certain people
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• in accordance with certain procedures and policy

15. 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 GOD’s
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.
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16. 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 don’t 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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17. 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 17

18. 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
educator’s 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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