Corporal Punishment Report

CRUEL SCHOOLS

The Eighteen States that Still Allow Corporal Punishment in Schools and the Resulting Harms to Children of Color and Students with Disabilities Lawyers for Good Government

APRIL 2023

ACKNOWLEDGEMENTS

Lawyers for Good Government is grateful to the law firms and companies whose pro bono research and support helped to make this report possible.

Linklaters LLP

Nelson Mullins Riley & Scarborough LLP

Robins Kaplan LLP

Shearman & Sterling LLP

Sidley Austin LLP

Willkie Farr & Gallagher LLP

Above all, we grateful acknowledge the many children and their parents and families across the country, whose courage to keep sharing their personal stories will lead to real, substantive, and lasting change to the lives of students across the country.

Report Authored by Joe Spielberger and Mika Fernandez

The Case for Eradicating Corporal Punishment in Schools 15

Appendix: Corporal Punishment in Public Schools by State 17

Summary of Findings

• The laws in 18 states allow for corporal punishment in public schools.

• During the 2017-2018 school year, corporal punishment occurred in at least four additional states that already had laws prohibiting its use: District of Columbia, Illinois, Ohio, and Wisconsin.

• Corporal punishment in public schools is deeply rooted in U.S. racial history, and today is more common in regions with historic rates of lynching.

• Corporal punishment may include striking a student by hand, choking them, hitting them with a baseball bat, subjecting them to electric shock, and other painful disciplines.

• Each state that uses corporal punishment in public schools disproportionately uses corporal punishment against at least one marginalized community.

• Nationwide, corporal punishment disproportionately impacts Black students, Native American students, and students with disabilities.

• Nationwide:

• Black children make up 15.1% of public school students, but 37.3% of corporal punishment incidents;

• Children with disabilities make up 13.2% of public school students, but 16.5% of corporal punishment incidents;

• Native American children make up 1.0% of public school students, but 1.9% of corporal punishment incidents;

• Of all Black students who received corporal punishment, 50.5% were in Mississippi.

• In Illinois, Black students make up 16.8% of public school students, but 73.3% of corporal punishment incidents.

• Of all Hispanic students who received corporal punishment, 69.6% were in Texas.

• In Arizona, Hispanic students make up 45.1% of public school students, but receive 93.0% of corporal punishment.

• Of all Native American students who received corporal punishment, 74.2% were in Oklahoma.

• In North Carolina, Native American students make up 1.2% of public school students, but represent 54.7% of students against whom corporal punishment is used.

• Of all students with disabilities who received corporal punishment, 28.8% were in Mississippi.

• In Indiana, students with disabilities make up 14.6% of public school students, but 43.8% of corporal punishment incidents.

• In at least 13 states, students with disabilities were disproportionately impacted by corporal punishment.

• During 2017-2018, more than 2,500 public schools administered corporal punishment against students with disabilities. At least 62 public schools administered corporal punishment against preschool students with disabilities.

• School personnel administer corporal punishment to children as young as preschool students.

• School personnel who use corporal punishment on students can cause serious physical injuries and psychological trauma requiring emergency and longterm care to heal.

• School personnel who use corporal punishment risk causing severe emotional and psychological harm to students, increased absenteeism and dropout rates, and increased likelihood of students entering the juvenile and criminal legal systems.

• States that allow corporal punishment in public schools acknowledge that it is harmful because they ban it against against foster care children in schools, and children in other settings, including foster care, daycare facilities, group homes, and learning centers, as being harmful to children’s wellbeing.

• Corporal punishment threatens school budgets. In 2020, Chicago Public Schools paid out $400,000 to settle two federal lawsuits alleging corporal punishment abuse against special education students.

• Laws are needed to ensure that corporal punishment is eradicated in public schools, and all students are safe.

• School personnel sometimes still use corporal punishment in schools even after state laws change to ban its use, so laws must include clear definitions of corporal punishment and explicit prohibitions, and allow parents to sue if the law is violated to better ensure compliance with the law. There must also be incentives for public schools to create safe school climates and be able to enforce discipline without using corporal punishment.

• Days before the 2023 International Day to End Corporal Punishment, Governor Polis of Colorado signed HB1191, ending corporal punishment in public schools in Colorado. It is time for each of the remaining 18 states that allow corporal punishment in public schools to follow Colorado’s lead.

Corporal Punishment

State-sanctioned violence as a means to control Black and Brown communities is deeply rooted in U.S. history. From the terrors of slavery and public lynchings to the disparate impacts that capital punishment, the drug war, police violence, and mass incarceration, government policies continue to legally authorize the systematic oppression of people of color. One persistent legacy of this racist history is the continued use of corporal punishment in public schools, inflicting pain and humiliation against children as a form of discipline. Disproportionately used against Black and other marginalized children, corporal punishment is one more manifestation of the ways that state actors degrade and control their bodies.

The U.S. Department of Education’s Civil Rights Data Collection defines corporal punishment as “paddling, spanking, or other forms of physical punishment imposed on a child.”1 However, this definition betrays the physical and psychological consequences of this practice. Corporal punishment is inherently assaultive, designed to inflict, and in many cases maximize physical pain. While most commonly striking a student on the buttocks with a paddle, corporal punishment also include choking,2 electric shock,3 and

1 Dan Losen, Amir Whitaker, Jamie Kizzire, Zoe Savitsky, & Katherine Dunn, The Center for Civil Rights Remedies & The Southern Poverty Law Center, “The Striking Outlier: The Persistent, Painful and Problematic Practice of Corporal Punishment in Schools,” 2019, https://www.splcenter.org/20190611/striking-outlierpersistent-painful-and-problematic-practice-corporalpunishment-schools

2 Julie Steinberg, “Texas Schoolchild Put in Choke Loses Appeal Over Discipline,” Bloomberg Law, June 18, 2021, https://news.bloomberglaw.com/us-lawweek/texas-schoolchild-put-in-choke-loses-appealover-discipline

3 Sara Luterman, “One school still uses electric shock devices on its students. Seven senators are

other painful disciplines.4 Schools may use shaved down baseball bats, paddles up to four feet long, rulers, belts, or bare hands.5

A sixth-grade student in Alvarado, Texas, screamed and begged for mercy as the vice principal slammed a wooden paddle into the student’s buttocks. The beating sent the student to the emergency room, prevented him from lying on his back or side for 10 days, and left purple, red, and black bruises that could still be seen a month later. He started having nightmares, sleeping in his parents’ bed, and wetting the bed in terror. He was too traumatized to return to school, and subsequently diagnosed with post-traumatic stress disorder, and put on antidepressants and anxiety medication.6

leaning on the FDA to get them banned.,” USA Today, Nov. 2, 2021, https://www.usatoday.com/story/news/ nation/2021/11/02/electric-shock-school-senators-leanfda-ban-devices/6235461001/

4 Donald E. Greydanus, Helen D. Pratt, C. Richard Spates, Anne E. Blake-Dreher, Marissa A. GreydanusGearhart, & Dilip R. Patel, “Corporal Punishment in Schools: Position Paper of the Society for Adolescent Medicine,” Journal of Adolescent Health, Vol. 32, No. 5, 2003, https://www.jahonline.org/article/S1054139X(03)00042-9/pdf

5 Alice Farmer, Human Rights Watch & American Civil Liberties Union, “A Violent Education: Corporal Punishment of Children in US Public Schools,” Aug. 2008, https://www.aclu.org/files/pdfs/humanrights/ aviolenteducation_report.pdf

6 HealthDay News, “Corporal Punishment and Trauma,” Dec. 31, 2020, https://consumer.healthday. com/encyclopedia/children-s-health-10/childdevelopment-news-124/corporal-punishment-andtrauma-644895.html

Racial History of Corporal Punishment

While students of all races are subjected to corporal punishment, its history is deeply intertwined with barbaric racial history. Slave traders and overseers first introduced paddling to America as a method of physically punishing Black people who were enslaved without damaging them permanently to the point at which they could no longer work.7 Although corporal punishment had been commonly used in schools, white people began calling for its abolition when they saw parallels in the treatment of enslaved Black people and white schoolchildren. Early opponents believed corporal punishment was “more befitting the negro plantation than the republican schoolhouse,” and that subjecting white students to “brutalizing and degrading” methods might develop the “character or temper of a slave.”8 Though horrifically racist in their aims, the negative short- and longterm impacts that corporal punishment has on children was clear.

At the same time, the federal government began funding American Indian boarding schools to strip Native children of their cultural heritage and force assimilation. Schools forced Native children to change their names, hair, and clothing, and convert to Christianity, and punished them for speaking their languages.9 Schools were dangerous and traumatizing. Children were subjected to

7 Forrest Wickman, “Paddling: A History,” Slate, Oct. 5, 2012, https://slate.com/culture/2012/10/whoinvented-paddling-the-history-of-spanking-peoplesbutts-with-paddles.html

8 Maya Bell, “Connecting the dots that perpetuate racism,” University of Miami College of Arts and Sciences, Aug. 3, 2020, https://news.miami. edu/as/stories/2020/08/from-lynching-to-corporalpunishment.html

9 Northern Plains Reservation Aid, “History and Culture: Boarding Schools,” accessed Jan. 20, 2022, http://www.nativepartnership.org/site/ PageServer?pagename=airc_hist_boardingschools

Corporal Punishment

rampant physical and sexual abuse,10 meager food rations, and lack of medical care, while being exposed to communicable diseases.11 Discipline took many forms, including corporal punishment and confinement.12 Many

10 Mary Annette Pember, “Death by Civilization,” The Atlantic, Mar. 8, 2019, https://www.theatlantic.com/ education/archive/2019/03/traumatic-legacy-indianboarding-schools/584293/

11 Erin Blakemore, “A century of trauma at U.S. boarding schools for Native American children,” National Geographic, July 9, 2021, https://www. nationalgeographic.com/history/article/a-centuryof-trauma-at-boarding-schools-for-native-americanchildren-in-the-united-states

12 Melissa Mejia, The Indigenous Foundation, “The U.S. history of Native American Boarding

”Although

corporal punishment had been commonly used in schools, white people began calling for its abolition when they saw parallels in the treatment of enslaved Black people and white schoolchildren.“

children who survived sought instead to run away or commit suicide, and many never returned home.

As racial demographics shifted, schools targeted a growing Latino student population with corporal punishment also, often for speaking Spanish. In a historic 1968 school walkout, high school students in Los Angeles demanded equitable treatment for students of Mexican descent, including an end to corporal punishment.13

Schools also pervasively inflict corporal punishment on students with disabilities, who already face barriers to education. Mental and psychological disabilities can make students act out and become uncooperative in ways that may look to teachers like deliberate misbehavior.14 Depending on the disability, corporal punishment can inflict additional significant physical and emotional harm. For

Schools,” accessed Jan. 20, 2022, https://www. theindigenousfoundation.org/articles/us-residentialschools

13 Teresa Matthew, “Walkout: In 1968, East L.A. Students Led a Movement,” Bloomberg CityLab, Mar. 15, 2018, https://www.bloomberg.com/news/ articles/2018-03-15/in-1968-mexican-americanswalked-out-of-schools-too

14 Katherine Reynolds Lewis, “Why Schools Over-Discipline Children With Disabilities,” The Atlantic, July 24, 2015, https://www.theatlantic.com/ education/archive/2015/07/school-discipline-childrendisabilities/399563/

example, students with sickle cell anemia, which disproportionately affects Black individuals,15 may be particularly harmed by the physical impact of paddling, and further emotionally harmed even without being touched, due to the violent school environment.16 Young students on the autism spectrum may experience increased aggression and trauma and other impacts after receiving corporal punishment.17 And because of how often corporal punishment leads to anger, depression, anxiety, and emotional trauma, it is crucial to understand not only the impact that corporal punishment has on students with disabilities, but the likelihood of inflicting new disabilities on students as well.

15 Jennifer Huizen, Medical News Today, “What to know about sickle cell anemia in African Americans,” Feb. 1, 2021, https://www.medicalnewstoday.com/ articles/african-american-anemia

16 Alice Farmer, American Civil Liberties Union and Human Rights Watch, “Impairing Education: Corporal Punishment of Students with Disabilities in US Public Schools,” Aug. 10, 2009, https://www.hrw. org/report/2009/08/10/impairing-education/corporalpunishment-students-disabilities-us-public-schools 17 Id.

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State Laws Surrounding Corporal Punishment

In 1867, New Jersey became the first state to abolish corporal punishment in public schools.18 Although it was more than 100 years before another state did so, schools began decreasing its use, recognizing the harmful impact on students and better ways to foster safe and disciplined school environments. However, there is still no federal prohibition against corporal punishment in schools. In 1975, the Supreme Court held that schools could contine using corporal punishment on students,19 and affirmed in 1977 that “reasonable” corporal punishment does not violate the Constitution’s due process protections or its ban on cruel and unusual punishment as long as it is not excessive or unreasonable.20 Without federal action, children and parents must seek protection from state and local governments, which create vastly disparate outcomes for students in different states, counties, and schools even within the same school district.

18 Jean Harkness, New Jersey School Boards Association, “Policy Update: Spare the Rod,” School Leader, Vol. 47, No. 3, Nov./Dec. 2016, https://www.njsba.org/news-publications/school-leader/november-december-2016-vol-47-no-3/ policy-update-spare-rod/

19 Baker v. Owen, 96 S.Ct. 210 (1975)

20 Ingraham v. Wright, 430 U.S. 651 (1977)

Corporal Punishment in Public Schools by State

Today, the laws in eighteen states, particularly in the South and West, continue to allow corporal punishment in public schools, although incidents of corporal punishment are still documented in additional states, even where the law prohibits it.

Although corporal punishment is not relegated to Southern states, researchers have demonstrated the correlation between regions where lynching was most prevalent and where corporal punishment is practiced today,21 perpetuating this history of racialized violence. In 2013-2014, Mississippi alone accounted for almost 25% of corporal punishment use,22 inflicting it on 9.3% of students statewide.23 Moreover, within these 18 states, almost 45% of public schools do not practice it,24 and so corporal punishment remains an arbitrary form of discipline, dependent both on local school policies, and often race.

22 Id.

23 Id.

24 Losen, el al., “The Striking Outlier”

Corporal Punishment Incidents by State, 2017-2018

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21 Geoff Ward, Nick Petersen, Aaron Kupchik, & James Pratt, “Historic Lynching and Corporal Punishment in Contemporary Southern Schools,” Social Problems 68, no. 1 (2021): 41-62

Corporal Punishment Per Capita by State, 2017-2018

Impact on Students of Color and Students with Disabilities

Despite similar levels of misbehavior, Black children are disciplined at higher rates than white children, even for the exact same behavior.25 Black boys are struck approximately twice as often as white boys, and Black girls three times as often as white girls.26 As white mobs lynched Black individuals for minor “offenses,” today Black students are punished for talking in class or the hallway, being late to class, having one’s shirt untucked, and other violations.27

During the 2017-2018 school year, of all Black children receiving corporal punishment, 50% were in Mississippi.28 No other state comes close to this highest share of all corporal punishment incidents involving Black children. Illinois had the largest disparity of corporal punishment involving Black children relative to their makeup of the public school population. In Illinois, Black children compiled 56.5% of all incidents, despite being only 16.8% of public school students.

Other students of color are also disproportionately impacted by corporal punishment. Nationwide, Native American students are disciplined with corporal punishment almost twice as often in comparison to their representation in the public student population. More than one-half of 57 corporal punishment incidents in North Carolina involved Native American students, despite them compiling only 1.2% of public school students. In Oklahoma, Native American students make up 13.6% of public school students, but 24.4% of public school students receiving corporal punishment.29 Of all Native American students receiving corporal

25 Brett Arends, “Black children are more likely to be disciplined than white kids for the same behavior,” MarketWatch, Oct. 16, 2019, https://www.marketwatch.com/ story/black-children-are-more-likely-to-be-disciplinedthan-white-kids-for-the-same-behavior-2019-10-16

26 Losen, et al., “The Striking Outlier”

27 Farmer, “A Violent Education”

28 Analysis of 2017-2018 Civil Rights Data Collection (CRDC) data

29 Id.

punishment, 74.2% were in Oklahoma.

In Ohio, Hispanic students make up 5.7% of the public student population, but 71.6% of public school students receiving corporal punishment. In Arizona, Hispanic students are 45.1% of public students, but 93% of students receiving corporal punishment.30 Of all Hispanic students receiving corporal punishment, 69.6% were in Texas.

Students with disabilities are also disproportionately disciplined with corporal punishment. During the 2013-2014 school year, More than 50% of public schools using corporal punishment struck students with disabilities at higher rates. In 98 schools, corporal punishment was used only against students with disabilities.31 In 20172018, students with disabilities were disproportionately administered corporal punishment.

More than 2,500 public schools administered corporal punishment against students with disabilities, and 62 public schools across nine states administered corporal punishment against preschool students with disabilities. Seminole High School in Seminole, Texas administered corporal punishment 200 times against students with disabilities. Union Elementary School in Union, Mississippi administered corporal punishment 16 times against preschool students with disabilities.32

30 Id.

31 Losen, et al., “The Striking Outlier”

32 Analysis of 2017-2018 CRDC data

Current Legality of Corporal Punishment in Public Schools & the disproportionate use of corporal punishment by state in the 2017-2018 school year*

Is corporal punishment allowed in public schools? Black 15.1% 37.3% Students with Disabilities 13.2% 16.5% Native American 1.0% 1.9% Alabama (9,168) Yes. Ala. Code §§ 16-28A-1, A2, A-5

Native American 1.2% 1.7% Students with Disabilities 13.7% 14.3% Arizona (71) Yes. Ariz. Rev. Stat. § 15-843 (B)(2) Hispanic 45.1% 93.0% Arkansas (8,932) Yes. Ark. Code §§ 6-17-112, 618-503

Black 20.4% 28.3% Students with Disabilities 12.0% 18.9% District of Columbia (35) No. D.C. Mun. Regs. tit. 5, § E2403

Black 67.9% 91.4% Students with Disabilities 14.3% 34.3% Colorado (0)

No. HB 23-1191 (Apr. 2023) to be enacted at Colo. Rev. Stat. § 22-1-140 n/a n/a n/a Florida (1,332) Yes. Fla. Stat. § 1003.32(1)(k)

Black 22.1% 22.9% Native American 0.3% 0.6% Students with Disabilities 13.5% 22.3% Georgia (3,697) Yes. Ga. Code §§ 20-2-730, 2731, 2-732

Black 36.7% 52.3% Students with Disabilities 12.2% 17.0% Idaho (0) Yes. Idaho Code § 33-1224 n/a n/a n/a Illinois (202) No. 105 Ill. Comp. Stat. § 5/2424

Black 16.8% 73.3% Students with Disabilities 13.8% 26.2% English Language Learners 11.6% 80.2% Indiana (16) Yes. Ind. Code § 20-33-8-8 Students with Disabilities 14.6% 43.8% Kansas (0) Yes. Kan. Stat. §§ 72-6114 to 72-6158 n/a n/a n/a Kentucky (207) Yes. Ky. Rev. Stat. § 503.110 Students with Disabilities 15.5% 24.6% Louisiana (1,301) Yes. La. Stat. § 17:416.1(B)(2) Black 43.5% 61.4% Mississippi (20,309) Yes. Miss. Code § 37-11-57

Black 49.0% 62.9% Students with Disabilities 12.3% 16.3%

* A version of this table was released in our report Cruel Schools, available at L4GG.org/CorporalPunishmentReport. This table is an analysis of the 2017-2018 Civil Rights Data Collection (CRDC), the most recent nationwide data available at the time of publication. This table displays where there is a “disparate impact” on a historically marginalized student group, that is, where the student group is disproportionately disciplined more than a student group that is not marginalized. Each state disproportionately used corporal punishment against at least one marginalized group. For the complete data used to create this table, including the groups that were not disproportionately impacted in each state, please see the other tabs in this spreadsheet, available at L4GG. org/1718CorpPunishmentData.

**The CRDC includes corporal punishment data on two different categories of students with disabilities: students protected under the Individuals with Disabilities Education Act (IDEA) and those protected under Section 504 of the 1973 Rehabilitation Act (504). This table uses those protected by IDEA because they have higher protections under law and because there was a higher disproportionate impact against IDEA students than 504 students. For data on § 504 students, please see the other tabs in this spreadsheet.

Corporal Punishment

The Case for Eradicating Corporal Punishment in Schools

Illogically, states that allow corporal punishment of students condemn the practice as abusive in other settings. Assaultive behavior that would otherwise be illegal - toward adults in prison, or children in juvenile detention or daycare facilities - is appallingly practiced against young children in public schools.

For instance, Texas requires foster parents to prohibit schools from administering corporal punishment to foster children,33 but allows it for children in public schools. Mississippi bans corporal punishment in foster care and child care facilities because it is “maltreatment” and against “the right to ethical treatment,”34 but in public schools, Mississippi claims it “does not constitute negligence or child abuse.”35 Alabama bans corporal punishment in foster care,36 residential child care facilities,37 day care,38 and other settings, but allows it in public schools. In Florida, foster families, group homes, and runaway shelters cannot use corporal punishment, and are required to only use “positive

33 Texas Education Agency, “Foster Care & Student Success Resource Guide,” 2013, accessed Jan. 7, 2022, https:// tea.texas.gov/sites/default/files/fcss_resource_guide-digital. pdf

34 Mississippi Department of Human Services, Division of Family and Children’s Services, “Section F: Licensure Policy,” Revised May 29, 2013, accessed Jan. 7, 2022, https://www.sos.ms.gov/acproposed/00019798b.pdf

35 Miss. Code § 37-11-57

36 Alabama Department of Human Resources, “Minimum Standards for Foster Family Homes,” Revised 2016, accessed Jan. 7, 2022, https:// dhr.alabama.gov/wp-content/uploads/2019/07/ MinimumStandardsforFosterFamilyHomesJuly2016.pdf

37 Alabama Department of Human Services, “Minimum Standards for Residential Child Care Facilities,” Revised 2019, accessed Jan. 7, 2022, https:// dhr.alabama.gov/wp-content/uploads/2020/09/REVISEDMINIMUM-STANDARDS-FOR-RESIDENTIAL-CHILD-CAREFACILITIES-AUGUST-27-2019.pdf

38 Alabama Department of Human Resources, “Minimum Standards for Day Care Centers and Nighttime Centers,” Sept. 30, 2019, https://dhr.alabama.gov/wpcontent/uploads/2020/01/No-Highlighted-MS-for-CENTERSrevised.pdf

methods of discipline,” but Florida allows corporal punishment in public schools.39 Georgia bans it in child care, foster care, and adoption agencies, because it is “detrimental to the physical or mental health of any child,” but again allows corporal punishment in public schools.40 States like these claim it is abusive to strike certain children but not others, and create absurd scenarios where it is abusive to strike a child in a morning daycare program, but not to strike the same child when they enter a classroom later that day.

Fundamentally, the practice of corporal punishment is child abuse, which would, but for state immunity laws, result in criminal charges against school personnel. However, if procedure is followed, there is usually no legal recourse for parents whose students come home beaten, bruised, and injured.

Even local bans on corporal punishment may fail to keep students safe. During the 2017-2018 school year, public schools in at least six states and the District of Columbia that had laws banning corporal punishment still reported corporal punishment incidents. Children in Chicago Public Schools, the country’s third-largest school district, were struck more than 200 times, and the District paid $400,000 in court settlements.41 In April, 2021, a school principal in Hendry County, Florida was caught on video striking a six-yearold girl with a wooden paddle, despite corporal punishment being banned in Hendry County public schools. The video sparked national outcry and a criminal investigation, but no charges, and

39 Fla. Stat. § 409.1415(2)(b)(3)(b)

40 Ga. Comp. R. & Regs. 591-1-1-.11

41 Hannah Leone, “Chicago Public Schools pays $400,000 to settle lawsuits alleging physical abuse against 2 special education students by staff,” The Chicago Tribune, Sept. 29, 2020, https://www.chicagotribune.com/ news/breaking/ct-chicago-public-schools-child-harmsettlements-20200930-x626rlv2cngvnppcswrmxj6uoq-story. html

the young girl was left unprotected.42

The United Nations Convention on the Rights of the Child unequivocally condemns corporal punishment as a human rights violation.43 A school where corporal punishment is institutionalized maintains a learning environment that is inherently violent, degrading, and dangerous. International human rights standards authorize physical force against a child only in extraordinary circumstances, and only to a minimal degree.44 Rather than deter misbehavior, corporal punishment teaches students to accept violence as normalized and justifiable. Students report that receiving corporal punishment only makes them want to lash out more against teachers and other students.45 This causes them to lose trust in their teachers and schools, may lead to them skipping or dropping out of school, and increases their likelihood of entering the juvenile and criminal legal system. Extensive research also documents the links between corporal punishment and emotional harm, humiliation, lower self-esteem, feelings of helplessness, bullying, self-harm, alcohol and drug abuse, and suicidal thoughts.46 Children have the right to an education in a safe and supportive environment, and to be free from violence and discrimination. Corporal punishment is fundamentally incongruous to maintaining these rights, which is why more

42 Mark Keierleber, “‘It’s barbaric: some US children getting hit at school despite bans,” The Guardian, May 19, 2021, https://www.theguardian. com/education/2021/may/19/us-children-corporalpunishment-schools

43 UN Committee on the Rights of the Child, General comment No. 8 (2006), The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, CRC/C/GC/8 (2006), available at http://hrlibrary.umn.edu/crc/comment8. html

44 Id.

45 Alice Farmer & Nsombi Lambright, Human Rights Watch, “Corporal punishment proves to be discriminatory, ineffective,” Aug. 22, 2008, https:// www.hrw.org/news/2008/08/22/corporal-punishmentproves-be-discriminatory-ineffective#

46 Farmer, “A Violent Education”

than 100 countries worldwide have banned it in their schools.47 Hundreds of organizations have opposed corporal punishment.48

For several years, members of Congress have introduced bills to ban corporal punishment

47 Lucy Sorensen, Charmaine Willis, Melissa Breger, & Victor Asal, “School spankings are banned just about everywhere around the world except in US,” The Conversation, July 31, 2019, https://theconversation. com/school-spankings-are-banned-just-abouteverywhere-around-the-world-except-in-us-118236

48 See U.S. Alliance to End the Hitting of Children, “Partnering Organizations,” accessed Jan. 5, 2022, at https://www.endhitting.org/partnering-organizations; National Women’s Law Center, “Open Letter to Local and State Educational Agencies & Policymakers,” Nov. 21, 2016, https://nwlc.org/wp-content/uploads/2016/11/ Corporal-Punishment-Sign-On-Letter.pdf

in public schools nationwide,49 but absent action at the federal level, it is incumbent upon states to enact their own policies to end this physical, emotional, and psychological abuse of children in their public schools. Policies and practices that are universally condemned as violations of children’s basic human rights must be repealed everywhere without exception. However, corporal punishment prohibitions must also be enforceable and enforced. And schools, teachers, and program personnel must have the tools they need to enforce discipline constructively, so that schools protect students’ rights to education, dignity, and humanity, and students can trust

49 Protecting Our Students in Schools Act, H.R. 3836, 117th Cong. (2021), https://www.congress.gov/ bill/117th-congress/house-bill/3836; Ending Corporal Punishment in Schools Act, H.R. 1234, 117th Cong. (2021), https://www.congress.gov/bill/117th-congress/ house-bill/1234; Ending Corporal Punishment in Schools Act, H.R. 5005, 113th Cong. (2014), https:// www.congress.gov/bill/113th-congress/house-bill/5005;

those empowered to keep them safe.

Lawyers for Good Government drafted a model policy to outlaw corporal punishment in public schools, based on the Protecting Students in Schools Act of 2021,50 which is supported by at least 158 organizations representing teachers, parents, students, children’s rights advocates, disability rights advocates, education reformers, civil rights advocates, and medical, psychological, and social work professionals.51

50 Protecting Our Students in Schools Act, H.R. 3836, 117th Cong. (2021), https://www.congress.gov/bill/117thcongress/house-bill/3836

51 There are at least two lists of groups that support the Protecting Students in Schools Act of 2021. See U.S. Congressman A. Donald M. McEachin, “Reps. McEachin, Bonamici, Sen. Murphy Introduce Legislation to End Corporal Punishment in Schools,” June 10, 2021, https:// mceachin.house.gov/media/press-releases/reps-mceachinbonamici-sen-murphy-introduce-legislation-end-corporalpunishment; and The Leadership Conference on Civil and Human Rights, Letter to Congress, Jan. 19, 2022, https:// civilrights.org/resource/co-sponsor-legislation-to-advancesafe-healthy-and-inclusive-school-climates/.

In addition to Lawyers for Good Government, these groups include Advocates for Children of New York, Advocates For Justice, Advocates for Special Education, Alliance Against Seclusion and Restraint, American Association of Colleges for Teacher Education, American Association of University Women, American Atheists, American Civil Liberties Union (ACLU), American Federation of Teachers, American Humanist Association, American Professional Society on the Abuse of Children, American Psychological Association, American Psychological Association Division 31, Association of University Centers on Disabilities, Attachment Parenting International, Autism Society of Texas, Autistic Self Advocacy Network, Autistic Women & Nonbinary Network, AVANZAR, AWACE Life Care Center, Bazelon Center for Mental Health Law, Brain Injury Association of America, Center for American Progress, Center for Disability Rights, Center for Health and Health Care in Schools, Center for Learner Equity, CenterLink: The Community of LGBT Centers, Children’s Defense Fund, Children’s Rights Clinic, Southwestern Law School, Clearinghouse on Women’s Issues, Coalition of Texans with Disabilities, Colorado Children’s Campaign, Committee for Children, CommunicationFIRST, Conneticut Psychological Association, Council for Exceptional Children, Council of Parent Attorneys and Advocates, Crimes against Children Research Center, Dignity in Schools Campaign, Disability Rights Education &

Defense Fund, Disability Rights Maine, Disability Rights Wisconsin, Easterseals Central Texas, Education Law Center-PA, Educators for Excellence, EduColor, El Sol Science and Arts Academy, Empowering Pacific Islander Communities, Equality California, Family Voices NJ, Federation for Children with Special Needs, Feminist Majority Foundation, First Focus on Children, Florida Psychological Association, FORGE, Inc., Futures Without Violence, Georgia Appleseed Center for Law and Justice, Georgia Psychological Association, Girls Empowerment Network, Girls Inc., Girls Inc. of Memphis, GLSEN, Hispanic Federation, Human Rights Campaign, IDRA (Intercultural Development Research Association), Illinois Migrant Council, Inspiring Futures for All, Intercultural Development Research Association, International Center for Assault Prevention, Inc., Kalamazoo Community Foundation, Kentucky Psychological Association, Legal Aid Justice Center, Lives in the Balance, LULAC-IL, Maine Developmental Disabilities Council, Maine Parent Federation, Maine Psychological Association, MANA, A National Latina Organization, Maryland Network Against Domestic Violence, Massachusetts Attorneys for Student Educational Rights, MEASURE, Michigan Alliance for Special Education, Michigan Psychological Association, Minaret Foundation, MindsetMatters LLC, Minnesota Psychological Association, Missouri Psychological Association, Movement Advancement Project, NAACP Legal Defense and Educational Fund, Inc. (LDF), National Alliance for Partnerships in Equity, National Association of Councils on Developmental Disabilities, National Association of Pediatric Nurse Practitioners, National Association of School Psychologists, National Association of Secondary School Principals, National Association of Social Workers - Texas Chapter, National Association of the Deaf, National Black Child Development Institute, National Center for Learning Disabilities, National Center for Parent Leadership, Advocacy & Community Empowerment (National PLACE), National Center for Transgender Equality, National Center for Youth Law, National Crittenton, National Disability Rights Network (NDRN), National Down Syndrome Congress, National Education Association, National Federation of Families, National Initiative to End Corporal Punishment, National Network to End Domestic Violence, National Organization for Women, National Parents Union, National Prevention Science Coalition to Improve Lives, National PTA, National Urban League, National Women’s Law Center, New Jersey Safe Schools Coalition, New York Society for the Prevention of Cruelty to Children, Nollie Jenkins Family Center, Inc., North Carolina Justice Center, Our Vote Texas, Parent to Parent of Georgia, Inc, Pennsylvania Psychological Association, Prevent Child Abuse America, Public Advocacy for Kids (PAK), RespectAbility, Restoring Community LLC, Safe Schools Action Network, Silver

Corporal Punishment

The model policy may be found here: L4GG.org/ ModelPolicyOnCorporalPunishment.

State Equality-Nevada, Social-Emotional Learning Alliance for Texas, Society for Child and Family Policy and Practice (Division 37 of the American Psychological Association), Society of Clinical Child and Adolescent Psychology (Division 53, American Psychological Association), Society of Pediatric Psychology (Division 54 of the American Psychological Association), Southeast Asia Resource Action Center, Southern Echo Inc., Southern Education Foundation, SPAN Parent Advocacy Network, Speak Up! Special Education Advocacy, SPLC Action Fund, Stand for Children, Texans Care for Children, Texas Appleseed, Texas Criminal Justice Coalition, Texas Parent to Parent, The Advocacy Institute, The Arc of the United States, The Arc of West Virginia, The Daniel Initiative, The Education Trust, The Education Trust in Texas, The Leadership Conference on Civil and Human Rights, The Parents’ Place of MD, The Trevor Project, The Up Institute, U.S. Alliance to End the Hitting of Children, UnidosUS, United Methodist Women, YWCA Kalamazoo, and YWCA USA.

APPENDIX: Corporal Punishment in Public Schools by State

The following appendix is a survey of the laws in the 18 states that allow corporal punishment in public schools. It includes citations along with hyperlinks to where the relevant provisions reside in the law, to show how simple it can be to change these laws to protect public schoolchildren. A motivated advocate in a state could encourage a legislator to introduce a bill prohibiting corporal punishment in public schools.

The information provided in this report does not and is not intended to constitute legal advice.

ALABAMA

Is corporal punishment allowed in public schools? Yes. See Ala. Code § 16-28A-1, Ala. Code § 16-28A-2, Ala. Code § 16-28A-5. In Alabama there were 9,168 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 13.7% of children enrolled in public schools in Alabama, but make up 14.3% of the instances of corporal punishment.

Native American students are 1.2% of children enrolled in public schools in Alabama, but make up 1.7% of the instances of corporal punishment.

ARIZONA

Is corporal punishment allowed in public schools? Yes. See Ariz. Rev. Stat. § 15-843(B) (2).

In Arizona there were 71 uses of corporal punishment within schools in the 2017-18 school year.

Hispanic students are 45.1% of children enrolled in public schools in Arizona, but make up 93% of the instances of corporal punishment.

ARKANSAS

Is corporal punishment allowed in public schools? Yes. See Ark. Code § 6-17-112, Ark. Code § 6-18-503.

In Arkansas there were 8,932 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 20.4% of children enrolled in public schools in Arkansas, but make up 28.3% of the instances of corporal punishment.

Students with disabilities are 12% of children enrolled in public schools in Arkansas, but make up 18.9% of the instances of corporal punishment.

COLORADO

Is corporal punishment allowed in public schools? No. HB 23-1191 (Apr. 2023) to be enacted at Colo. Rev. Stat. § 22-1-140.

In Colorado there were 0 uses of corporal punishment reported to the federal Department of Education Office for Civil Rights within schools in the 2017-18 school year. Colorado is included in this report because at first time of drafting Colo. Rev. Stat. § 22-32-109.1(2)(a) (D) was interpreted to allow corporal punishment, HB 23-1191 to be enacted at Colo. Rev. Stat. § 22-1-140 has since overruled that.

In Arkansas, Black students and students with disabilities were subjected to corporal punishment at a disproportionate rate during the 2017 and 2018 school years.

DISTRICT OF COLUMBIA

Is corporal punishment allowed in public schools? No. See D.C. Mun. Regs. tit. 5, § E2403.

In District of Columbia there were 35 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 67.9% of children enrolled in public schools in the District, but make up 91.4% of the instances of corporal punishment.

Students with disabilities are 14.3% of children enrolled in public schools in the District, but make up 34.3% of the instances of corporal punishment.

FLORIDA

Is corporal punishment allowed in public schools? Yes. See Fla. Stat. § 1003.32(1)(k). In Florida there were 1,332 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 22.1% of children enrolled in public schools in Florida, but make up 22.9% of the instances of corporal punishment.

Students with disabilities are 13.5% of children enrolled in public schools in Florida, but make up 22.3% of the instances of corporal punishment.

Native American students are 0.3% of children enrolled in public schools in Florida, but make up 0.6% of the instances of corporal punishment.

GEORGIA

Is corporal punishment allowed in public schools? Yes. See Ga. Code § 20-2-730, Ga. Code § 20-2-731, Ga. Code § 20-2-732. In Georgia there were 3,697 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 36.7% of children enrolled in public schools in Georgia, but make up 52.3% of the instances of corporal punishment.

Students with disabilities are 12.2% of children enrolled in public schools in Georgia, but make up 17% of the instances of corporal punishment.

IDAHO

Is corporal punishment allowed in public schools? Yes. See Idaho Code § 33-1224. In Idaho there were 0 uses of corporal punishment reported to the federal Department of Education Office for Civil Rights within schools in the 2017-18 school year.

ILLINOIS

Is corporal punishment allowed in public schools? No. See 105 Ill. Comp. Stat. § 5/24-24. In Illinois there were 202 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 16.8% of children enrolled in public schools in Illinois, but make up 73.3% of the instances of corporal punishment. Students with disabilities are 13.8% of children enrolled in public schools in Illinois, but make up 26.2% of the instances of corporal punishment.

English language learners are 11.6% of children enrolled in public schools in Illinois, but make up 80.2% of the instances of corporal punishment.

INDIANA

Is corporal punishment allowed in public schools? Yes. See Ind. Code § 20-33-8-8.

In Indiana there were 16 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 14.6% of children enrolled in public schools in Indiana, but make up 43.8% of the instances of corporal punishment.

KANSAS

Is corporal punishment allowed in public schools? Yes. See Kan. Stat. §§ 72-6114 to 726158.

In Kansas there were 0 uses of corporal punishment reported to the federal Department of Education Office for Civil Rights within schools in the 2017-18 school year.

KENTUCKY

Is corporal punishment allowed in public schools? Yes. See Ky. Rev. Stat. § 503.110. In Kentucky there were 207 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 15.5% of children enrolled in public schools in Kentucky, but make up 24.6% of the instances of corporal punishment.

LOUISIANA

Is corporal punishment allowed in public schools? Yes. See La. Stat. § 17:416.1(B)(2). In Louisiana there were 1,301 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 43.5% of children enrolled in public schools in Louisiana, but make up 61.4% of the instances of corporal punishment.

MISSISSIPPI

Is corporal punishment allowed in public schools? Yes. See Miss. Code § 37-11-57. In Mississippi there were 20,309 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 49% of children enrolled in public schools in Mississippi, but make up 62.9% of the instances of corporal punishment.

Students with disabilities are 12.3% of children enrolled in public schools in Mississippi, but make up 16.3% of the instances of corporal punishment.

MISSOURI

Is corporal punishment allowed in public schools? Yes. See Mo. Rev. Stat. § 160.261. In Missouri there were 2,461 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 15.7% of children enrolled in public schools in Missouri, but make up 23.5% of the instances of corporal punishment.

Students with disabilities are 13.8% of children enrolled in public schools in Missouri, but make up 19.3% of the instances of corporal punishment.

NEVADA

Is corporal punishment allowed in schools? No. See Nev. Rev. Stat. § 392.4633.

In Nevada there was 1 use of corporal punishment within schools in the 2017-18 school year.

NORTH CAROLINA

Is corporal punishment allowed in public schools? Yes. See N.C. Gen. Stat. § 115C-390.4. In North Carolina, there were 57 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 12.3% of children enrolled in public schools in North Carolina, but make up 17.5% of the instances of corporal punishment.

Native American students are 1.2% of children enrolled in public schools in North Carolina, but make up 54.7% of the instances of corporal punishment.

OHIO

Is corporal punishment allowed in public schools? No. See Ohio Admin. Code § 3301-3209(I)(1).

In Ohio there were 23 uses of corporal punishment within schools in the 2017-18 school year. Hispanic students are 17.5% of children enrolled in public schools in Indiana, but make up 77.3% of the instances of corporal punishment.

OKLAHOMA

Is corporal punishment allowed in public schools? Yes. See Okla. Stat. tit. 70, § 24100.4(D).

In Oklahoma there were 3,968 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 16.4% of children enrolled in public schools in Oklahoma, but make up 21% of the instances of corporal punishment.

Native American students are 13.6% of children enrolled in public schools in Oklahoma, but make up 24.4% of the instances of corporal punishment.

SOUTH CAROLINA

Is corporal punishment allowed in public schools? Yes. See S.C. Code § 59-63-260. In South Carolina there were 23 uses of corporal punishment within schools in the 201718 school year.

Black students are 33.8% of children enrolled in public schools in South Carolina, but make up 39.1% of the instances of corporal punishment.

Students with disabilities are 13.2% of children enrolled in public schools in South Carolina, but make up 30.4% of the instances of corporal punishment.

TENNESSEE

Is corporal punishment allowed in public schools? Yes. See Tenn. Code § 49-6-4103, Tenn. Code § 49-6-4402.

In Tennessee there were 3,765 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 21.1% of children enrolled in public schools in Tennessee, but make up 29.6% of the instances of corporal punishment.

Students with disabilities are 12.7% of children enrolled in public schools in Tennessee, but make up 17.5% of the instances of corporal punishment.

TEXAS

Is corporal punishment allowed in public schools? Yes. See Tex. Educ. Code § 37.0011. In Texas there were 13,892 uses of corporal punishment within schools in the 2017-18 school year.

Black students are 12.6% of children enrolled in public schools in Texas, but make up 17% of the instances of corporal punishment. Students with disabilities are 9.1% of children enrolled in public schools in Texas, but make up 14.6% of the instances of corporal punishment.

WASHINGTON

Is corporal punishment allowed in public schools? No. See Wash. Rev. Code § 28A.150.300.

In Washington there was 1 use of corporal punishment within schools in the 2017-18 school year.

WISCONSIN

Is corporal punishment allowed in public schools? No. See Wis. Stat. § 118.31(2). In Wisconsin there were 26 uses of corporal punishment within schools in the 2017-18 school year.

Students with disabilities are 14.1% of children enrolled in public schools in Wisconsin, but make up 38.5% of the instances of corporal punishment.

WYOMING

Is corporal punishment allowed in public schools? Yes. See Wyo. Stat. § 21-4-308. In Wyoming there were 0 uses of corporal punishment reported to the federal Department of Education Office for Civil Rights within schools in the 2017-18 school year.