The Legal Basis for School Corporal Punishment

Gershoff, Elizabeth T.; Purtell, Kelly M.; Holas, Igor

doi:10.1007/978-3-319-14818-2_6

Cited by 4 publications

(5 citation statements)

References 7 publications

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“…The Court also acknowledged that while the imposition of CP infringes upon students' liberties, schools did not need to hold advanced hearings to ensure due process, stating the costs of doing so would not merit many benefits because of the perceived "openness of schools." As a result, the Ingrahm decision means that the same physical punishment that would be considered cruel if applied to a criminal is allowable for children at school (Block, 1997;Gershoff et al, 2015).…”

Section: Legal Context Of Cpmentioning

confidence: 99%

“…The Supreme Court’s decision advanced this reasoning even though the Ingraham case involved a student beaten so severely that he needed medical treatment, proving that the “openness of schools” was insufficient to protect students from mistreatment. The Court also acknowledged that while the imposition of CP infringes upon students’ liberties, schools did not need to hold advanced hearings to ensure due process, stating the costs of doing so would not merit many benefits because of the perceived “openness of schools.” As a result, the Ingrahm decision means that the same physical punishment that would be considered cruel if applied to a criminal is allowable for children at school (Block, 1997; Gershoff et al, 2015).…”

Section: Introductionmentioning

confidence: 99%

“…CP is a mechanism to manage behavior by inflicting pain, including acts such as spanking, slapping, kicking, shoving, and paddling (Gershoff & Font, 2016; Straus, 2001). The prevalence of CP in schools has been waning since the late 1970s when CP was legally permitted in 44 state and over 2 million students were physically punished (Gershoff et al, 2015). However, the practice is far from eradicated.…”

mentioning

confidence: 99%

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Spare the Rod, Spoil the Child? A Critical Discourse Analysis of State Corporal Punishment Policies and Practices

Dhaliwal,

Graham,

Chiang

et al. 2024

Educational Evaluation and Policy Analysis

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Corporal punishment (CP), or inflicting pain through spanking, hitting, and paddling, is still legally sanctioned and exercised in U.S. schools. We use critical discourse analysis and draw on state policy documents and data from the Office of Civil Rights to investigate which discourses pervade policy texts and how CP is practiced. These sources reveal discourses relating to morality, delinquency, and authority that draw on ideas associated with power, punishment, and control. Across all these discourses, we find color-evasive and deficit language to justify CP practices that are disproportionally applied to minoritized students. We conclude with policy implications for CP and school discipline more broadly.

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Section: Legal Context Of Cpmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

mentioning

confidence: 99%

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Spare the Rod, Spoil the Child? A Critical Discourse Analysis of State Corporal Punishment Policies and Practices

Dhaliwal,

Graham,

Chiang

et al. 2024

Educational Evaluation and Policy Analysis

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“…Corporal punishment in the form of whipping, beating, or paddling children as a means of correcting aberrant behavior has been a long-standing tradition in the history of civilization, and indeed the history of the United States (Gershoff, Purtell, & Holas, 2015). Brought to the United States by British colonists, there has been a long history of utilizing corporal punishment on prisoners, members of the military, animals, and children (Gershoff et al, 2015). However, corporal punishment has been deemed illegal in the U.S. military since the late 1800s, within the prison system since 1968, and individuals who harm animals may be prosecuted for animal cruelty.…”

Section: Discussionmentioning

confidence: 99%

“…However, utilizing corporal punishment in schools is still allowable in 19 states across the nation (Gershoff & Font, 2016). Most states allowing corporal punishment are in the south, coinciding with the traditions of conservative Protestants who Gershoff et al (2015) suggest are more likely to favor this practice than other religious traditions. Still, the use of corporal punishment in schools continues to be a contentious area even when legally allowable as the delineation between punishment and abuse may be tenuous.…”

Section: Corporal Punishmentmentioning

confidence: 99%

The Use of Aversives in Special Education: Legal and Practice Considerations for School Principals

et al. 2017

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The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children and youth with disabilities from causing harm to themselves or others or as a pedagogical method for behavior change. However, research strongly supports the need for less use of aversives and instead a critical focus on the use of multitiered systems of support to prevent the escalation of behavior that may result in the use of aversives. This article provides a review of 173 legal cases from 1997 through 2016 that ruled on the use of aversives in public schools for children and youth with disabilities. The authors provide legal implications to schools that use aversives, as well as an alternative framework for school principals in lieu of using restraint, seclusion, and corporal punishment as methods for behavior intervention.

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Historic Lynching and Corporal Punishment in Contemporary Southern Schools

et al. 2019

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This study examines how corporal punishment in contemporary public schools, a disciplinary practice concentrated in southeastern U.S. states, relates to histories of lynching in the region. Using school-level data from the U.S. Department of Education, we examine these relationships in a series of multi-level regression models. After controlling for numerous school- and county-level factors, we find an increased likelihood of corporal punishment for all students in counties where greater numbers of lynchings occurred, and that lynching is particularly predictive of corporal punishment for black students. Consistent with prior research associating historic lynching with contemporary violence, these results suggest general and race-specific legacies for violent school discipline. We consider potential mechanisms linking histories of lynching with school corporal punishment, and implications for research and policy.

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The Legal Basis for School Corporal Punishment

Cited by 4 publications

References 7 publications

Spare the Rod, Spoil the Child? A Critical Discourse Analysis of State Corporal Punishment Policies and Practices

Spare the Rod, Spoil the Child? A Critical Discourse Analysis of State Corporal Punishment Policies and Practices

The Use of Aversives in Special Education: Legal and Practice Considerations for School Principals

Historic Lynching and Corporal Punishment in Contemporary Southern Schools

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