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


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

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

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  • 1. Corporal Punishment in Public Schools Corporal Punishment in Public Schools: A Teacher’s Perspective William Allan Kritsonis, PhD 1
  • 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 3
  • 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 layblame and point fingers, butto work TOGETHER to find solutions. 5
  • 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 6
  • 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. 7
  • 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 8
  • 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. 9
  • 10. 10
  • 11. Corporal Punishment Court Case Ingraham v. Wright“The Court ruled that corporal punishment ofpublic school students, “did not require anyformal due process measures, such asnotice and a hearing and under nocircumstances could be considered “crueland unusual punishment” as that term isused in the Eighth Amendment. Thus, ineffect, the Supreme Court (by a 5-4 margin)left the regulation of corporal punishment tostate and local officials (Walsh, Kemerer,and Maniotis, p. 322).” 11
  • 12. Corporal Punishment Court Case Cunningham v. BeaversTwo kindergartners were caught“snickering” and were given swats with awooden paddle by both the teacher andthe principal. The paddling even leftbruises on the two young girls, but the FifthCircuit Court concluded there was noconstitutional violation of either dueprocess or equal protection and if therewere a violation of law, it was a matter forthe state courts, not the federal 12 ones.
  • 13. Corporal Punishment Court Case Fee v. HerndonIn this situation, the parents “authorized” appropriate personnelto punish their emotionally disturbed child with three paddleswats; and even though these parents consented, they filedsuit against the principal for this beating, claimed their childspent six months in a psychiatric hospital which costs them$90,000, and brought action against the special educationteacher who allegedly failed to intervene in the spanking. TheDistrict Court for the Southern District of Texas, dismissed thecase for failure to state a claim, and the parents appealed. TheCourt of Appeals dismissed the case as well and stated that: 1)Texas law afforded adequate post punishment civil andcriminal remedies, and 2) Texas law did not impose upon theteacher a duty to intervene in the corporal punishment. 13
  • 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 14 • 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. 15
  • 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!!! 16
  • 17. RESOURCESCenter for Effective Discipline. (2007a). School corporal punishment alternatives. [On-line]. Available: www.stophitting.comCenter for Effective Discipline. (2007b). Arguments against corporal punishment. [On-line]. Available: www.stophitting.comCenter for Effective Discipline. (2007c). U. S. : Corporal punishment and paddling statistics by state and race. [On-line]. Available: 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.orgWalsh, 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: 18