Corporal Punishment in Public Schools

• Author: Richard Leiter
• Pages: 277-281

Page 277

In 1977, the U.S. Supreme Court ruled in Ingraham v . Wright, that schools may use corporal punishment despite parental objection. Prior to that ruling, there were few, if any, state statutes regulating the use of physical means of discipline in schools. After the decision, states began to address the issue. At present, only seven states have no statutes covering corporal punishment. In the last 10 years some 20 states have revised their laws to expressly prohibit the practice.

The following chart covers only state statutes regarding corporal punishment. It should be noted that there are also local rules that authorize the use of corporal punishment or that require parental consent before corporal punishment can be imposed upon a child. Local school districts, and even individual schools, often have their own policies and procedures for handling disciplinary problems.

This issue has become very controversial lately. With heightened public awareness of child abuse and increased sensitivity to the emotional well-being of children, many schools and teachers are loath to impose any physical discipline whatsoever upon students for fear of emotionally scarring them or being accused of child abuse themselves.

Page 278

Table 16: Corporal Punishment in Public Schools
State	Code Section	Punishment Allowed	Circumstances Allowable
ALABAMA	16-1-24.1	Local school boards to adopt code for conduct and discipline of students.
ALASKA	11.81.430		When use of force is consistent with the welfare of the students and if authorized by school regulations adopted by the school board
ARIZONA	15-843	Procedures for disciplining pupils, including the use of corporal punishment, are decided and allowed by governing board; use of corporal punishment is to be consistent with state board of education guidelines.
ARKANSAS	6-18-505	Use of corporal punishment only in specifically authorized school district and administered in accord with district’s written student discipline policy.	“In order to maintain discipline and order within public schools.”
CALIFORNIA	Educ. §§49000, 49001	Corporal punishment prohibited.
COLORADO	No statutory provisions
CONNECTICUT	Penal 53a-18(2) & (6)	Corporal punishment prohibited.
DELAWARE	Tit. 14, §702	Corporal punishment prohibited.
DISTRICT OF COLUMBIA	No statutory provisions
FLORIDA	1003.32	Corporal punishment allowed, subject to prescribed procedures.	Must have approval in principle by the principal before it is used; presence of another informed adult; and that an explanation is provided to parents.
GEORGIA	20-2-730, et seq.	Corporal punishment allowed, subject to various restrictions.	It may not be excessive or unduly severe or be used as a first line of punishment; it must be administered in the presence of a school official; a written explanation must be provided on request; and it may not be administered if a physician certifies that the child’s mental or emotional stability could be affected.

Page 279

State	Code Section	Punishment Allowed	Circumstances Allowable
HAWAII	302A-1141	Physical punishment may not be used, but a teacher may use reasonable force to restrain a student in attendance from hurting himself or any other person or property with other teacher present and out

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