Dignity in Schools Campaign Dignity in Schools Campaign TeleConference Series (April 7, TeleConference Series (April 7,

2009)2009)

Corporal Corporal Punishment of Punishment of

Special Education Special Education Students in US Students in US Public SchoolsPublic Schools

Alice Farmer, Aryeh Neier FellowAlice Farmer, Aryeh Neier FellowAmerican Civil Liberties Union / American Civil Liberties Union /

Human Rights WatchHuman Rights Watch

Corporal Punishment Corporal Punishment Prevalent in US Public Prevalent in US Public

SchoolsSchools In 2006-7 school year 223,190 students were In 2006-7 school year 223,190 students were

paddled at least once, according to data from paddled at least once, according to data from the US Department of Education the US Department of Education 39,093 IDEA students and 2,879 Section 504 students 39,093 IDEA students and 2,879 Section 504 students

received corporal punishment during this time periodreceived corporal punishment during this time period African-American students and special African-American students and special

education students are paddled at education students are paddled at disproportionate ratesdisproportionate rates For instance, IDEA students make up 17.52 percent For instance, IDEA students make up 17.52 percent

of the students paddled, even though they constitute of the students paddled, even though they constitute just 12.82 percent of the nationwide student just 12.82 percent of the nationwide student population population

Corporal Punishment is Corporal Punishment is Legal Legal

in 21 Statesin 21 States

Laws and Regulations Laws and Regulations Permitting Corporal Permitting Corporal

PunishmentPunishment States that allow paddling do not adequately States that allow paddling do not adequately

protect children from abusive disciplinary protect children from abusive disciplinary measures in schoolsmeasures in schools

State employees (including teachers and State employees (including teachers and principals) are typically shielded from liability principals) are typically shielded from liability for official actions taken within the scope of for official actions taken within the scope of their employment duties, as long as the action their employment duties, as long as the action is “reasonable” and in conformity with school is “reasonable” and in conformity with school district policiesdistrict policies

I am unaware of any provisions that protect I am unaware of any provisions that protect special education students from being paddledspecial education students from being paddled

PaddlingPaddling Corporal punishment in Corporal punishment in

US public schools US public schools almost always takes the almost always takes the form of paddlingform of paddling Also called “swats,” Also called “swats,”

“pops,” or “licks”“pops,” or “licks” A teacher, A teacher,

administrator, or coach administrator, or coach swings a hard wooden swings a hard wooden paddle against the paddle against the child’s buttockschild’s buttocks The paddle is typically a The paddle is typically a

foot and a half longfoot and a half long The child usually receives The child usually receives

3 – 10 blows3 – 10 blows

Picture of standard paddle. © 2008 Alice Farmer/Human Rights Watch.

Paddling continuedPaddling continued

Our interviews show that students of Our interviews show that students of all ages – from 3 to 19 years old – are all ages – from 3 to 19 years old – are paddled in public schoolspaddled in public schools For instance, one family recounted that For instance, one family recounted that

their three-year-old son with ADHD was their three-year-old son with ADHD was paddled in a public pre-kindergarten paddled in a public pre-kindergarten program in Texas, and left badly bruisedprogram in Texas, and left badly bruised

According to our interviews, some According to our interviews, some younger children may also be hit with younger children may also be hit with other objects, including rulers, hands, other objects, including rulers, hands, and classroom toysand classroom toys

Paddling: Special Education Paddling: Special Education StudentsStudents

Special education students are Special education students are paddled like any other students; paddled like any other students; concessions are rarely if ever made concessions are rarely if ever made for disabilityfor disability

These students are frequently These students are frequently paddled by individuals who have no paddled by individuals who have no training in understanding or working training in understanding or working with their particular needswith their particular needs

Corporal Punishment Corporal Punishment Prohibited Under International Prohibited Under International

Human Rights LawHuman Rights Law Under international human rights law, Under international human rights law,

corporal punishment is defined as:corporal punishment is defined as:

““any punishment in which physical any punishment in which physical force is used and intended to cause force is used and intended to cause some degree of pain or discomfort, some degree of pain or discomfort, however light.”however light.”

-UN Committee on the Rights of the -UN Committee on the Rights of the Child, Child,

General Comment 8, para.11General Comment 8, para.11

The Committee on the Rights of the Child, the The Committee on the Rights of the Child, the body charged with overseeing compliance body charged with overseeing compliance with the UN Convention on the Rights of the with the UN Convention on the Rights of the Child, notes that corporal punishment usually:Child, notes that corporal punishment usually:““involves hitting (“smacking”, “slapping”, involves hitting (“smacking”, “slapping”, “spanking”) children with the hand or with an “spanking”) children with the hand or with an implement – a whip, stick, belt, shoe, wooden spoon, implement – a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children’s or forced ingestion (for example, washing children’s mouths out with soap or forcing them swallow hot mouths out with soap or forcing them swallow hot spices.” spices.” --ibid.ibid.

Corporal punishment is, according to the Corporal punishment is, according to the Committee, “invariably degrading” and Committee, “invariably degrading” and prohibited under international human rights prohibited under international human rights lawlaw

Rights of Persons With Rights of Persons With DisabilitiesDisabilities

Special education students have additional Special education students have additional protection against corporal punishment protection against corporal punishment through the UN Convention on the Rights of through the UN Convention on the Rights of Persons with DisabilitiesPersons with Disabilities Article 16 protects children with disabilities from Article 16 protects children with disabilities from

exploitation, violence, and abuse.exploitation, violence, and abuse. Abusive discipline techniques may push special Abusive discipline techniques may push special

education students out of school. in violation of education students out of school. in violation of Article 7, which states that children with disabilities Article 7, which states that children with disabilities should enjoy fundamental rights on an equal basis should enjoy fundamental rights on an equal basis with other children, and Article 24, which states that with other children, and Article 24, which states that students with disabilities have the right to an students with disabilities have the right to an inclusive education.inclusive education.

Corporal punishment is just one of many Corporal punishment is just one of many techniques on the spectrum of violence used techniques on the spectrum of violence used against special education students.against special education students.

In interviews families have described incidents In interviews families have described incidents in which paddling was followed by restraint and in which paddling was followed by restraint and seclusion.seclusion. Some restraint and seclusion techniques may be Some restraint and seclusion techniques may be

considered corporal punishment if they are meted out considered corporal punishment if they are meted out as punishment and are intended to cause painas punishment and are intended to cause pain

My work primarily looks at paddling and other My work primarily looks at paddling and other “hitting” techniques, including smacking, “hitting” techniques, including smacking, slapping, whipping, etc.slapping, whipping, etc.

Jane Hudson will speak next with much more Jane Hudson will speak next with much more detail specifically on restraint and seclusion.detail specifically on restraint and seclusion.

Spectrum of Violence Spectrum of Violence Against Special Education Against Special Education

StudentsStudents

Table 1: Nationwide Prevalence of Corporal Table 1: Nationwide Prevalence of Corporal Punishment: Number of Students Punished at Least Punishment: Number of Students Punished at Least

Once in the 2006-2007 School YearOnce in the 2006-2007 School YearAll students IDEA students 504 students

Texas 49,197 9,055 1,167

Mississippi 38,131 5,763 68

Alabama 33,716 4,872 239

Georgia 18,249 3,764 139

Arkansas 22,314 3,642 440

Tennessee 14,868 3,495 123

Oklahoma 14,828 2,198 51

Louisiana 11,080 1,961 502

Florida 7,185 1,276 55

Missouri 5,159 1,173 18

Kentucky 2,209 500 7

North Carolina 2,705 481 40

Ohio 672 330 0

Indiana 557 234 3

South Carolina 1,409 181 11

New Mexico 705 151 2

Kansas 50 10 1

Idaho 111 4 2

Arizona 16 2 10

Colorado 8 0 0

Wyoming 0 0 0

Table 2: Percentages of Students Receiving Table 2: Percentages of Students Receiving Corporal Punishment at Least Once in the Corporal Punishment at Least Once in the

2006-2007 School Year2006-2007 School YearAll students IDEA students Section 504 students

Mississippi 7.50% 9.23% 10.56%

Arkansas 4.67% 6.47% 5.68%

Alabama 4.54% 5.68% 5.93%

Tennessee 1.47% 3.11% 2.33%

Louisiana 1.69% 2.41% 2.35%

Oklahoma 2.33% 2.26% 2.35%

Georgia 1.12% 1.91% 1.85%

Texas 1.08% 1.85% 1.87%

Missouri 0.55% 0.89% 0.33%

Kentucky 0.33% 0.48% 0.15%

Florida 0.26% 0.31% 0.23%

New Mexico 0.22% 0.28% 0.20%

North Carolina 0.19% 0.27% 0.23%

South Carolina 0.20% 0.18% 0.21%

Arizona 0.00% 0.17% 0.24%

Indiana 0.05% 0.14% 0.05%

Ohio 0.04% 0.14% 0

Kansas 0.01% 0.02% 0.06%

Idaho 0.04% 0.01% 0.06%

Colorado 0 0 0

Wyoming 0 0 0

Disparate Rates of Paddling Disparate Rates of Paddling for Special Education for Special Education

StudentsStudents Among the states that paddle most heavily (Texas, Among the states that paddle most heavily (Texas,

Mississippi, Alabama, Arkansas, Georgia, Tennessee, Mississippi, Alabama, Arkansas, Georgia, Tennessee, Oklahoma, and Louisiana each paddle more than 10,000 Oklahoma, and Louisiana each paddle more than 10,000 children per year), special education students are paddled children per year), special education students are paddled at higher rates in all of these states except for Oklahoma, at higher rates in all of these states except for Oklahoma, where they are paddled at the same rate.where they are paddled at the same rate.

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%Percent of generalpopulation receivingcorporal punishment

Percent of IDEAstudents receivingcorporal punishment

Percent of Section 504students receivingcorporal punishment

UndercountingUndercounting All students – including special education students – are All students – including special education students – are

likely subject to corporal punishment far more often than likely subject to corporal punishment far more often than these numbers suggest. these numbers suggest. First, the data record the number of students hit each year, First, the data record the number of students hit each year,

not the number of incidents. In other words, the data show not the number of incidents. In other words, the data show that 223,190 individual students were beaten in the relevant that 223,190 individual students were beaten in the relevant school year -- of whom 39,093 were IDEA students and 2,879 school year -- of whom 39,093 were IDEA students and 2,879 were Section 504 students. However, the data do not show were Section 504 students. However, the data do not show how many incidents of corporal punishment occurred. how many incidents of corporal punishment occurred. Because many students likely were beaten more than once in Because many students likely were beaten more than once in the school year – a reasonable assumption given the evidence the school year – a reasonable assumption given the evidence collected from our interviewees – the overall number of collected from our interviewees – the overall number of beatings administered each year is undoubtedly far higher. beatings administered each year is undoubtedly far higher.

Second, the data also very likely undercount the number of Second, the data also very likely undercount the number of students beaten each year because some school districts fail students beaten each year because some school districts fail to report all incidents to the federal government. Corporal to report all incidents to the federal government. Corporal punishment is often seen as a quick form of discipline, which punishment is often seen as a quick form of discipline, which can be administered without much procedure and may not be can be administered without much procedure and may not be written down. written down.

Particular Problems for Particular Problems for Special Education StudentsSpecial Education Students

Punishment for manifestations of their Punishment for manifestations of their conditionsconditions Families we have interviewed note that their Families we have interviewed note that their

students receive corporal punishment for behavior students receive corporal punishment for behavior associated with their disability (e.g. autism, associated with their disability (e.g. autism, Tourette’s syndrome)Tourette’s syndrome)

Exacerbation of the condition by the Exacerbation of the condition by the punishment itselfpunishment itself Special education students are particularly Special education students are particularly

vulnerable to lasting damage from corporal vulnerable to lasting damage from corporal punishment, often associated with the underlying punishment, often associated with the underlying condition (e.g. autism, sickle cell)condition (e.g. autism, sickle cell)

ConclusionConclusion Corporal punishment against any child violates Corporal punishment against any child violates

human rights law, and must not be permittedhuman rights law, and must not be permitted Special education students, given their Special education students, given their

extreme vulnerability, are particularly in need extreme vulnerability, are particularly in need of protectionof protection

Yet, in US public school they receive corporal Yet, in US public school they receive corporal punishment at disproportionately high ratespunishment at disproportionately high rates

They are often punished for manifestations of They are often punished for manifestations of their disabilities, and the punishments their disabilities, and the punishments themselves may exacerbate the child’s themselves may exacerbate the child’s underlying conditionunderlying condition

Next StepsNext Steps

What can be done?What can be done? Federal legislation prohibiting corporal Federal legislation prohibiting corporal

punishment against special education punishment against special education studentsstudents

State legislation prohibiting corporal State legislation prohibiting corporal punishment against any students, or at punishment against any students, or at least against special education studentsleast against special education students

District-wide policy changeDistrict-wide policy change Implementation of positive behavior Implementation of positive behavior

systems (PBIS), which are essentially systems (PBIS), which are essentially incompatible with corporal punishmentincompatible with corporal punishment