1 / 17

Corporal Punishment

Corporal Punishment. ( School Law Cases and Concepts, p. 154 -161) Michelle Duke MED 6490 February 2, 2010. Definition: the use of such physical contact as striking, paddling, or spanking of a student by an educator. Proponents - a necessary and educationally sound disciplinary measure

gina
Télécharger la présentation

Corporal Punishment

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Corporal Punishment (School Law Cases and Concepts, p. 154 -161) Michelle Duke MED 6490 February 2, 2010

  2. Definition:the use of such physical contact as striking, paddling, or spanking of a student by an educator. • Proponents - a necessary and educationally sound disciplinary measure • Opponents -an archaic, cruel, inhumane, unjustifiable act on the part of the state

  3. Ingraham v. WrightSupreme Court of the United States,1977430 U.S. 651 Issues: • whether or not corporal punishment represented cruel and unusual punishment in violation of the 8th Amendment • whether or not prior notice and an opportunity to be heard wererequired

  4. Setting:1970 - 71 School YearDade County, Florida • Many of the 237 schools used corporal punishment as a means of maintaining discipline, pursuant to Florida legislation and a local school board regulation • The regulation contained explicit directions and limitations • Standard paddle • Five licks • Viewed by school authorities as less drastic than suspension or expulsion

  5. Contrary to the procedural requirements of the statute and regulation, teachers often paddled students on their own authority without first consulting the principal.

  6. Andrews Ingraham Because he was slow to respond to his teacher’s instructions, Ingraham was subjected to more than 20 licks. *suffered a hematoma that required medical attention and kept him out of school for several days Andrews was paddled several times for minor infractions. On two occasions he was struck on his arms, once depriving him of the full use of his arm for a week.

  7. Corporal punishment dates back to the colonial period. • Despite the abandonment of this practice as a means of punishing criminal offenders, it continues to play a role in the public education of schoolchildren in most parts of the country. • No trend towards its elimination. • Teachers may impose reasonable but not excessive force to discipline a child. • To the extent that the force is excessive or unreasonable, the educator in virtually all States is subject to possible civil and criminal liability.

  8. Of the 23 states that have addressed the problem through legislation, 21 have authorized the moderate use of corporal punishment in public schools. • Only two states (Massachusetts and New Jersey) have prohibited all corporal punishment in their public schools.

  9. OLD Delaware Corporal Punishment in Public Schools Law

  10. AT THIS TIME… The practice has been banned by 29 states (including Delaware and Maryland) The 21 states that allow some form of corporal punishment: Alabama Indiana Ohio Arizona Kansas Oklahoma Arkansas Kentucky Pennsylvania Colorado Louisiana South Carolina Florida Mississippi Tennessee Georgia New Mexico Texas Idaho North Carolina Wyoming

  11. Holding • Florida has continued to recognize the common-law right of a child not to be subjected to excessive corporal punishment in school. • Under Florida law the teacher and principal decide whether corporal punishment is necessary. • They must exercise prudence and restraint.

  12. Legal Doctrine • Ingraham was a 5-4 decision affirming that teachers may inflict corporal punishment.

  13. Garcia v. Miera817 F.2d 650(10th Cir. 1987) • A federal appellate court held that excessive force used for corporal punishment is a violation of substantive due process. • Although Ingraham makes clear that ordinary corporal punishmentdoes not violate due process, at some degree of excessiveness or cruelty such punishment DOES violate the substantive due process rights of the pupil.

  14. “Shock the conscience” standard • Gottlieb v. Laurel Hills School District, 272 F.3d 168 (3rd Cir. 2001) • The court upheld a lower court’s granting of summary judgment in favor of the school district. • Harris v. Robinson, 273 F.3d 927 (10th Cir. 2001) • The court upheld the summary judgment in favor of the teacher and the school district.

  15. As mentioned in Ingraham, a remedy for what is perceived as excessive corporal punishment is a civil or criminal lawsuit. • Commonwealthv.Douglass, 588 A.2d 53 (Pa. Super. Ct. 1991) • a private school principal was sentenced to 12 months probation, 150 hours of community service, and a $500 fine for having inflicted “extreme pain” during the administration of 50 - 60 swats.

  16. NCLB Act • Limitation on Liability for Teachers • If acting within the scope of the teacher’s employment • If actions were within federal, state, and local laws • If the teacher was properly certified • If the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher

  17. The bottom line…… • Corporal punishment is banned in 29 states, including Delaware and Maryland.

More Related