[House Hearing, 111 Congress]
[From the U.S. Government Publishing Office]
CORPORAL PUNISHMENT IN SCHOOLS AND
ITS EFFECT ON ACADEMIC SUCCESS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON HEALTHY
FAMILIES AND COMMUNITIES
COMMITTEE ON
EDUCATION AND LABOR
U.S. House of Representatives
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
HEARING HELD IN WASHINGTON, DC, APRIL 15, 2010
__________
Serial No. 111-55
__________
Printed for the use of the Committee on Education and Labor
Available on the Internet:
http://www.gpoaccess.gov/congress/house/education/index.html
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55-850 PDF WASHINGTON : 2010
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COMMITTEE ON EDUCATION AND LABOR
GEORGE MILLER, California, Chairman
Dale E. Kildee, Michigan, Vice John Kline, Minnesota,
Chairman Senior Republican Member
Donald M. Payne, New Jersey Thomas E. Petri, Wisconsin
Robert E. Andrews, New Jersey Howard P. ``Buck'' McKeon,
Robert C. ``Bobby'' Scott, Virginia California
Lynn C. Woolsey, California Peter Hoekstra, Michigan
Ruben Hinojosa, Texas Michael N. Castle, Delaware
Carolyn McCarthy, New York Mark E. Souder, Indiana
John F. Tierney, Massachusetts Vernon J. Ehlers, Michigan
Dennis J. Kucinich, Ohio Judy Biggert, Illinois
David Wu, Oregon Todd Russell Platts, Pennsylvania
Rush D. Holt, New Jersey Joe Wilson, South Carolina
Susan A. Davis, California Cathy McMorris Rodgers, Washington
Raul M. Grijalva, Arizona Tom Price, Georgia
Timothy H. Bishop, New York Rob Bishop, Utah
Joe Sestak, Pennsylvania Brett Guthrie, Kentucky
David Loebsack, Iowa Bill Cassidy, Louisiana
Mazie Hirono, Hawaii Tom McClintock, California
Jason Altmire, Pennsylvania Duncan Hunter, California
Phil Hare, Illinois David P. Roe, Tennessee
Yvette D. Clarke, New York Glenn Thompson, Pennsylvania
Joe Courtney, Connecticut
Carol Shea-Porter, New Hampshire
Marcia L. Fudge, Ohio
Jared Polis, Colorado
Paul Tonko, New York
Pedro R. Pierluisi, Puerto Rico
Gregorio Kilili Camacho Sablan,
Northern Mariana Islands
Dina Titus, Nevada
Judy Chu, California
Mark Zuckerman, Staff Director
Barrett Karr, Republican Staff Director
------
SUBCOMMITTEE ON HEALTHY FAMILIES AND COMMUNITIES
CAROLYN McCARTHY, New York, Chairwoman
Yvette D. Clarke, New York Todd Russell Platts, Pennsylvania,
Robert C. ``Bobby'' Scott, Virginia Ranking Minority Member
Carol Shea-Porter, New Hampshire Howard P. ``Buck'' McKeon,
Paul Tonko, New York California
Jared Polis, Colorado Brett Guthrie, Kentucky
George Miller, California David P. Roe, Tennessee
Judy Chu, California Glenn Thompson, Pennsylvania
C O N T E N T S
----------
Page
Hearing held on April 15, 2010................................... 1
Statement of Members:
Guthrie, Hon. Brett a Representative in Congress from the
State of Kentucky.......................................... 4
Prepared statement of.................................... 5
McCarthy, Hon. Carolyn, Chairwoman, Subcommittee on Healthy
Families and Communities................................... 1
Prepared statement of.................................... 3
Additional statements:
The American Academy of Pediatrics................... 46
The Dignity in Schools Campaign...................... 48
Sean Faircloth, Executive Director, Secular Coalition
for America........................................ 51
Platts, Hon. Todd Russell, Senior Republican Member,
Subcommittee on Healthy Families and Communities, prepared
statement of............................................... 5
Scott, Hon. Robert C. ``Bobby,'' a Representative in Congress
from the State of Virginia, questions for the record....... 52
Statement of Witnesses:
Frieler, Jana, principal, Overland High School, Aurora, CO;
President-Elect, National Association of Secondary School
Principals................................................. 15
Prepared statement of.................................... 17
Responses to questions for the record.................... 53
Gilbert, Wynell, teacher, Erwin High School, Center Point, AL 20
Prepared statement of.................................... 23
Responses to questions for the record.................... 53
Greydanus, Dr. Donald E., M.D., professor of pediatrics &
human development, Michigan State University College of
Human Medicine; pediatrics program director, Michigan State
University/Kalamazoo Center for Medical Studies............ 7
Prepared statement of.................................... 9
Responses to questions for the record.................... 59
Pee, Linda, mother of student who received corporal
punishment................................................. 25
Prepared statement of.................................... 27
Additional submissions:
Responses to questions for the record................ 53
Prepared statement of the American Civil Liberties
Union and Human Rights Watch....................... 55
``A Violent Education: Corporal Punishment of
Children in U.S. Public Schools,'' a report by the
ACLU and Human Rights Watch, Internet address to... 58
``Impairing Education: Corporal Punishment of
Students With Disabilities in U.S. Public
Schools,'' a report by the ACLU and Human Rights
Watch, Internet address to......................... 58
CORPORAL PUNISHMENT IN SCHOOLS AND ITS EFFECT ON ACADEMIC SUCCESS
----------
Thursday, April 15, 2010
U.S. House of Representatives
Subcommittee on Healthy Families and Communities
Committee on Education and Labor
Washington, DC
----------
The subcommittee met, pursuant to call, at 10:02 a.m., in
room 2175, Rayburn House Office Building, Hon. Carolyn McCarthy
[chairwoman of the subcommittee] presiding.
Present: Representatives McCarthy, Scott, Shea-Porter,
Polis, Platts, and Guthrie.
Staff present: Andra Belknap, Press Assistant; Calla Brown,
Staff Assistant, Education; Jody Calemine, General Counsel;
Denise Forte, Director of Education Policy; Ruth Friedman,
Senior Education Policy Advisor (Early Childhood); David
Hartzler, Systems Administrator; Sadie Marshall, Chief Clerk;
Meredith Regine, Junior Legislative Associate, Labor;
Alexandria Ruiz, Staff Assistant; Kim Zarish-Becknell,
Education Counsel, Subcommittee on Healthy Families; Stephanie
Arras, Legislative Assistant; Kirk Boyle, General Counsel;
Allison Dembeck, Professional Staff Member; Alexa Marrero,
Communications Director; Brian Newell, Press Secretary; Susan
Ross, Director of Education and Human Resources Policy; Mandy
Schaumburg, Education Policy Counsel; and Linda Stevens, Chief
Clerk/Assistant to the General Counsel.
Chairwoman McCarthy [presiding]. A quorum is present. The
hearing of the House Committee on Education and Labor, Healthy
Families and Communities Subcommittee, on ``Corporal Punishment
in Schools and Its Effect on Academic Success'' will come to
order. Before we begin, I would like everyone to take a moment
to ensure that your cell phones and your BlackBerries are off.
I now recognize myself, followed by Mr. Guthrie from
Kentucky, for an opening statement.
First, I would like to thank all of our witnesses for being
here today. We have assembled a very knowledgeable group. They
bring their personal experience and a wealth of information
from research and work in the field.
Congress has not held a hearing on the use of paddling in
schools since 1992. Corporal punishment refers to the
application of physical pain as a method of behavior change. We
are not talking about situations where a school official may
need to restrain a student, nor are we talking about using
physical force as a means of protecting members of the school
community subject to danger.
Ohio is the most recent state to ban this practice last
summer, but corporal punishment is still legal in 20 states.
According to data collected by the U.S. Department of
Education's Office of Civil Rights, the use of paddling in
schools has dropped each year, but there are still hundreds of
thousands of students who are paddled. The most recent OCR data
is from the 2006-2007 school year, which indicates that over
223,000 students were paddled in our nation.
The OCR data also indicates that minority students and
students with disabilities are paddled at higher rates. The
most recent available statistics show that African American
students are subjected to physical punishment at school at
about twice the national rate. Schoolchildren with disabilities
are also subject to corporal punishment at a disproportionately
high rate, approximately twice the rate of the general student
population in other states. Kindergarten through 8th grade
students are more likely to be paddled than high school
students.
The Department of Education data may be under-counting,
since they only record how many students are paddled, not how
many times a student is paddled. So if a particular student is
paddled multiple times, it counts as one paddling.
Students are typically hit on their buttocks with a wooden
paddle, approximately 15 inches long, between two and four
inches wide and one-and-a-half inch thick, with a six-inch
handle at the end. The size of paddles may vary, but I have
here a paddle, and this is what it looks like.
This particular paddle was sent to us from a gentleman in
Texas, Jimmy Dunne, who over 20 years ago started fighting
against paddling in school. I thank you for sending that. And
as you can see, a lot of people, when they think of paddling,
they think of the old ping-pong paddle, or they think of
possibly a paddle with the ball in the end and going back and
forth.
When a student is paddled, typically he or she will be told
to stand with their hands on a desk or a chair, so the student
is bent over, and the student is paddled on the buttocks.
Sometimes paddlings occur in an office. Other times it will be
more public settings, in full view of the student's classmates.
Most students are paddled for minor infractions, violating
a dress code, being late for school, talking in class or in the
hallway, or being disrespectful. In some school districts
parents can opt-out of having their children paddled, but
unfortunately, there are reports of parents' wishes being
ignored, which can be very hard to prove.
As we will hear today, researchers, principals and teachers
say paddling is not an effective discipline tactic. Paddling
can cause immediate pain, lasting physical injury, and ongoing
mental distress. We will also hear that paddling causes lower
school achievement, antisocial behavior, and a tendency for
school avoidance, and school dropout.
In our committee we spend a great deal of time talking
about the best ways to help our students achieve better success
in. How can we talk about safety in schools and not bring
sanctioned hitting of our students into the conversation?
The leading Supreme Court case on corporal punishment in
schools is the Ingraham case, which was decided over 30 years
ago. This was at a time when only two states had banned
corporal punishment and when the social science disfavoring
corporal punishment was not as compelling as it is today.
The federal government has outlawed physical punishment in
prisons, jails and medical facilities, yet our children sitting
in a classroom are targets for getting hit. We know safe,
effective, evidence-based strategies are available to support
children who display challenging behaviors in school settings.
Hitting children in school does not help them achieve
academic success. Hitting children in schools is not an
effective discipline tactic. Hitting children in school does
not make them feel safe in school. Instead, they feel
humiliated, helpless, depressed, and angry. Hitting children
teaches them that it is not a legitimate way to handle
conflict.
We are adults. We shouldn't be hitting kids in schools.
Instead, we, as a nation, should move toward these positive
strategies when it comes to our school children. It has been
150 years since the first state banned this practice in
schools. Since then, 29 states have done the same, but it is
still occurring every day in our nation, and we still have
hundreds of thousands of students being hit in our schools
today.
Soon I will introduce legislation on this issue to end
paddling in schools, which I will urge my colleagues to
support. I look forward to hearing from our witnesses.
Now I would like to recognize Mr. Guthrie from Kentucky for
his opening statement.
Mr. Guthrie?
[The statement of Mrs. McCarthy follows:]
Prepared Statement of Hon. Carolyn McCarthy, Chairwoman, Subcommittee
on Healthy Families and Communities
First, I would like to thank all of our witnesses for being here
today.
We have assembled a very knowledgeable panel.
They bring their personal experiences and a wealth of information
from research and work in the field.
Congress has not held a hearing on the use of paddling in schools
since 1992.
Corporal punishment refers to the application of physical pain as a
method of behavior change.
We are NOT talking about situations where a school official may
need to restrain a student.
Nor are we talking about using physical force as a means of
protecting members of the school community subject to danger.
Ohio is the most recent state to ban this practice last summer, but
corporal punishment is still legal in 20 states.
According to data collected by the U.S. Department of Education's
Office of Civil Rights the use of paddling in schools has dropped each
year, but there are still hundreds of thousands of students who are
paddled.
The most recent OCR data is from the 2006-2007 school year, which
indicates that over 223,000 students were paddled in our nation.
The OCR data also indicates that minority students, and students
with disabilities are paddled at higher rates.
The most recent available statistics show that African American
students are subjected to physical punishment at school at about twice
the national rate.
Schoolchildren with disabilities are also subjected to corporal
punishment at disproportionately high rates, approximately twice the
rate of the general student population in some States.
Kindergarten through 8th grade students are more likely to be
paddled than high school students.
The Department of Education data may be under counting since they
only record how many students are paddled, not how many times a student
is paddled.
So if a particular student is paddled multiple times, it counts as
one paddling.
Students are typically hit on their buttocks with a wooden paddle,
approximately 15 inches long, between two and four inches wide, and
one-half inch thick, with a six-inch handle at one end.
The size of paddles can vary, but I have one here and this is what
they look like.
When a student is paddled, typically he or she will be told to
stand with their hands on a desk or a chair, so that the student is
bent over, and the student is paddled on the buttocks.
Sometimes paddlings occur in an office other times it will be a
more public setting, in full view of the student's classmates.
Most students are paddled for minor infractions, violating a dress
code, being late for school, talking in class or in the hallway, or
being ``disrespectful.''
In some school districts parents can ``opt-out'' of having their
children paddled, but unfortunately, there are reports of parents'
wishes being ignored which can be very hard to prove. As we will hear
today, researchers, principals and teachers say paddling is not an
effective discipline tactic.
Paddling can cause immediate pain, lasting physical injury, and on-
going mental distress.
We will also hear that paddling causes lower school achievement,
antisocial behavior, tendency for school avoidance, and school dropout.
In our Committee we spend a great deal of our time talking about
the best ways to help our students achieve better success in schools
and this practice is not one of them.
How can we talk about safety in schools and not bring sanctioned
hitting of our students into the conversation?
The leading Supreme Court case on corporal punishment in schools is
the Ingraham case which was decided over 30 years ago.
This was at a time when only two states had banned corporal
punishment, and when the social science disfavoring corporal punishment
was not as compelling as it is today.
The federal government has outlawed physical punishment in prisons,
jails and medical facilities.
Yet our children sitting in a classroom are targets for hitting.
We know safe, effective, evidence-based strategies are available to
support children who display challenging behaviors in school settings.
Hitting children in school does not help them achieve academic
success.
Hitting children in school is not an effective discipline tactic.
Hitting children in school does not make them feel safe in school.
Instead, they feel humiliated, helpless, depressed, and angry.
Hitting children teaches them that it is a legitimate way to handle
conflict.
We are adults.
We shouldn't be hitting kids in schools.
Instead, we, as a nation, should move toward these positive
strategies when it comes to our school children.
It has been a hundred and fifty years since the first state banned
this practice in schools.
Since then, 29 states have done the same.
But it is still occurring every day in our nation and we still have
hundreds of thousands of students being hit in our schools.
Soon I will introduce legislation on this issue to end paddling in
schools which I will urge my colleagues to support.
I look forward to hearing from our witnesses.
______
Mr. Guthrie. Thank you, Madam Chair, and good morning.
We are here today to examine corporal punishment in schools
and its effect on academic success. We will look not only at
questions of how corporal punishment is currently used in some
states and schools, but also broader issues such as the
definition of what constitutes corporal punishment.
We have a distinguished panel of witnesses. And I believe
Center Point--I was born near Center Star, Alabama, but I am
not sure exactly where Center Point is--probably the center of
the state, but I saw that looking forward to the hearing in my
birth state. We have a distinguished panel of witnesses here
today and help for the discussion.
And Representative Platts couldn't be here today. He is the
ranking member of the subcommittee. He will be inserting his
full opening statement into the record.
And with that, I look forward to hearing from our witnesses
and the testimony examining these issues more closely, and
thank you. And I yield back.
[The statement of Mr. Guthrie follows:]
Prepared Statement of Hon. Brett Guthrie, a Representative in Congress
From the State of Kentucky
Thank you Madam Chair, and good morning. We're here today to
examine corporal punishment in schools and its effect on academic
success. We'll look not only at questions of how corporal punishment is
currently used in some states and schools, but also broader issues such
as the definition of what constitutes corporal punishment.
We have a distinguished panel of witnesses here today to help
inform the discussion, and I thank them for joining us. Rep. Platts,
the Ranking Member of this subcommittee, will be inserting his full
opening statement into the hearing record. With that, I look forward to
hearing from our witnesses and examining these issues more closely.
Thank you, and I yield back.
______
Chairwoman McCarthy. Thank you, Mr. Guthrie.
Pursuant to committee rule 7C, any member may submit an
opening statement in writing at this time, which will be made
part of the permanent record. Without objection, all members
will have 14 days to submit additional materials or questions
for the hearing record.
[The statement of Mr. Platts follows:]
Prepared Statement of Hon. Todd Russell Platts, Ranking Member,
Subcommittee on Healthy Families and Communities
Good morning and welcome to our hearing. Today we will bring
together experts to discuss the effects of corporal punishment on
students' academic success.
When parents send their children off to school in the morning, we
do so with the expectation that they will be in a safe environment and
disciplined in a manner that is conducive to emotional and academic
growth and achievement. Most of us can agree that corporal punishment--
broadly defined as any punishment in which physical force is used to
cause some degree of pain and discomfort--does not have a place in our
schools.
The majority of states have recognized this, including my home
state of Pennsylvania, and have banned the practice of corporal
punishment in schools. These policies have been highly successful in
the dramatic decrease of corporal punishment instances in our Nation's
schools. The voluntary implementation of a ban in thirty states has
resulted in an 85% decrease in the number of students who experience
some degree of corporal punishment.
As is always central to our work on this subcommittee, it is
important that we understand the academic influence of corporal
punishment. Given the limited research on its effects on a student's
academic performance, I very much look forward to hearing our
witnesses' testimonies today. Thank you, Chairwoman McCarthy.
______
Chairwoman McCarthy. I would like to briefly introduce our
very distinguished panel of witnesses here with us this
morning. The complete bios of the witnesses will be inserted
into the record. Today we will hear from four witnesses.
And I want to thank you all again for traveling from all
parts of the country to be with us here today.
In the interest of time, given the large number of
witnesses today, I will keep my formal introductions short. Our
first witness is Dr. Donald Greydanus.
He is a professor of pediatrics and human development at
Michigan State University College of Human Medicine and
director of the pediatrics residency program at Michigan State
University. He received an M.D. degree from the College of
Medicine and Dentistry of New Jersey and a fellowship in
adolescent medicine from New York University School of Medicine
and Bellevue Hospital Center.
He has published extensively on adolescent health and has
35 years of clinical and research work in caring for children
and adolescents. In 2010 he received the Outstanding
Achievement in Adolescent Medicine Award from the Society for
Adolescent Medicine as a leading force in the field of
adolescent medicine and health.
Welcome, Doctor.
Our next witness is Jana Frieler.
Mr. Polis from Colorado will introduce this witness.
Mr. Polis. Thank you, Madam Chair.
It is my honor to introduce Jana Frieler. Jana Frieler has
been in education for 23 years, including 14 years as a school
administrator. She is currently the principal of Overland High
School in Aurora, Colorado, where she has served since 2005.
She is the daughter of a high school principal, and she
followed her father's footsteps and received a bachelor's
degree in Spanish and secondary education from the University
of Northern Colorado and a master's degree in instructional
leadership from Colorado State University.
Since becoming a principal, Frieler has been recognized
frequently for her outstanding leadership, and she earned the
title of Colorado's Assistant Principal of the Year in 1999. In
February of 2009, She became president-elect of the National
Association of Secondary School Principals. That is for next
year. Frieler has been a member of the National Association of
Secondary School Principals since 1996 and has served on
several committees for them since she joined their board of
directors in 2005. She is also on the board of the Colorado
Association of Secondary School Principals for 10 years.
Yield back.
Chairwoman McCarthy. Thank you, Mr. Polis.
Our next witness is Ms. Wynell Gilbert. Ms. Gilbert
received her B.S. degree in biology from Alabama A&M University
in 1997, her M.S. degree in biology education from Alabama
State University in 2002, and her educational leadership
certification from Samford University in 2008. She is a
national board certified teacher in the area of adolescent and
young adult science. She is currently a high school teacher at
Erwin High School at Center Point, Alabama, and has taught in
the Jefferson County school district for 12 years.
She is a national trainer for education research and
dissemination, in which she has been given the opportunity to
train teachers on using effective teaching strategies to
improve student learning. Currently, she serves on the
executive board of the Jefferson County American Federation of
Teachers.
Our final witness----
Welcome.
Our final witness is Ms. Linda Pee. She is from Hot
Springs, Arkansas, and is a parent of a daughter who was
paddled in school. She will discuss her experiences with the
paddling system in schools.
I want to say welcome to all of you, and I thank you for
that. For those of you who have not testified before Congress,
let me explain the lighting system. When you start speaking, a
green light will go on. When you have a minute left, a yellow
light will go on. When the red light goes on, we ask you to
finish up your thought or answer to a question. And please be
certain as you testify, to turn on and speak into the
microphones in front of you.
We will now hear from our first witness.
Doctor?
STATEMENT OF DONALD GREYDANUS, M.D., PEDIATRICS PROGRAM
DIRECTOR, MICHIGAN STATE UNIVERSITY/KALAMAZOO CENTER FOR
MEDICAL STUDIES
Dr. Greydanus. Good morning, Chairwoman McCarthy and
members of this committee. It is my distinct honor to be here.
This is the second time my government has called me to help.
The first time was almost 40 years ago when you called me into
the Vietnam War as a physician, and it was an honor to go then,
and it is an honor to be here this morning as a private
citizen.
I am a professor of pediatrics and human development at
Michigan State University. I have studied the issue of violence
in children and adolescents for over 35 years. I have
researched it, and I am happy to give you not only my views,
but that of the research which has been done over the past
several decades.
First, the definition. It is important for you to realize
that corporal punishment refers to the intentional application
of physical pain to the child in an attempt to change their
behavior. It is not just paddling. It includes hitting,
slapping, spanking, paddling, use of belts, use of sticks,
pins, placing kids in painful body postures, not letting them
move, not letting them urinate, applying electrical shock, a
whole variety of ingenious methods. When someone is angry at
someone, they come up with a variety of methods.
It is also important, I think, for the members to
understand we are not talking about defending oneself and
school if a student becomes violent. We are talking about the
application of physical pain by the school officials to that
child in an attempt to change their behavior.
In spite of many national groups, education, civil rights
and medical groups, asking for the ban of corporal punishment,
it continues to exist in 20 states in our country. We are one
of the few industrialized countries that allows this behavior
to our children.
Experts note that there are about 1.5 million cases of
physical punishment occurring, as you noted in your remarks,
Chairwoman McCarthy. We don't really know exactly how many, and
it depends upon how this is counted. Some experts suggest as
many as 3 million cases. It is several million which occur.
This results, from a medical viewpoint, in up to 20,000
children who seek medical attention because of injuries.
Instead of putting the kids into school, it keeps them out of
school for days, weeks, even months.
Now, why not allow local control of this? Well, there are a
few things to keep in mind. One is that the current studies
suggest that this occurs more often in the rural population
than in the urban population, kindergarten through eighth
grade, as you mentioned, versus the high school, but it occurs
throughout these grades.
It occurs more often to the disadvantaged, to the non-
Caucasian individual, to the African-American, to the Hispanic
than to middle-class or upper-class Caucasian individual, but
it can occur through all groups. The research also shows that
the lowest incidence of this occurs in the states and school
districts that have simply said, ``Enough--no hurting of our
children,'' and have banished this.
Now, the advocates of this have said over the years this is
an effective form of changing child misbehavior. The testimony
I leave for you, my extensive testimony, reviews the literature
for you, the research that we and others have done. And the
vast majority of the literature shows it is an ineffective
method of correcting child misbehavior. It simply doesn't work.
And it has major deleterious effects physically and mentally on
these children to whom you inflict physical pain.
Students are hurt, and we have many reports of abrasions,
severe muscle injuries, hematomas, kids who have whiplash
injury. We have even had kids who have died because of this
mistreatment.
There is also no evidence that punishment leads to improved
control in the classroom. The literature suggests and shows the
opposite is true. Children do not develop improved moral
character. They do not increase the respect for teachers. They
do not develop enhanced controls. In fact, the research is very
clear that the opposite is occurring.
These kids become victimized. They have trouble sleeping.
They develop sadness. They develop feelings of worthlessness,
suicidal thoughts. They become more violent, more aggressive,
angry. This committee is looking at school achievement. They
develop school dysfunction. They develop lower school
achievement. They have a tendency towards school avoidance.
They drop out of school. They become malingerers. They develop
recidivism.
You create, Madam Chairwoman, a paralysis of fear in the
classroom--not just the kids that are physically hit and hurt,
but the witnesses. Everyone in the classroom becomes afraid.
Children are victims. Children become full of trepidation, and
it completely destroys the positive atmosphere that education
is important. In order for a teacher to help its students, you
need a positive atmosphere. And the fear of being hit or being
hit leads to the opposite.
Use of corporal punishment in the schools, and the
literature on this is quite clear, falsely and perfidiously
reinforce this physical aggression as an acceptable and
effective means of eliminating what someone thinks is unwanted
behavior in the classroom and in society. The research shows
very clearly it is ineffective. It is dangerous. Teachers and
principals can learn and should learn nonviolent means of
classroom control.
In conclusion, I come to you on several levels. I am a
father of four daughters. I am a grandfather of five children.
I am a professor. I am a researcher. I am a Navy veteran, a
doctor who served in the war. I urge you on multiple levels,
look at the evidence that is in the research. It is very clear.
This is a rare case in my clinical experience where the
emotions and the research agree, where intuitively you think
hurting someone will improve them, and in fact the opposite
occurs. The research shows there is no evidence that such
punishment improves classroom control. It has major physical
and mental impact upon our children. It doesn't improve the
classroom. If you are looking at success in the classroom, it
does the opposite.
If I could put next to me the children from the time this
country was founded in 1776 'til today, I could put them right
there, and all the children who have been hit and witnessed,
they would say to you, ``Please stop hitting us. We want to
learn.'' And they would advocate for the children who are now
in school today in this country and the children who will be,
the millions of children who will be in school over this coming
century.
They would plead with you, ``Don't hit us. Don't slap us,
spank us, punch us, kick us, pinch us, shake us. Please don't
choke us. Please don't hit us with paddles and belts and sticks
and pins. Please don't put us in closed spaces and hurt us.
Please don't use electric shock on us. Please don't give us
excessive exercise drills. Please help us.''
So on multiple levels, both research and as a private
citizen, I urge you, please, committee, protect our children
and give the teachers the skills they need. And if you want
improvement in the schoolroom, this is the place to start.
In closing, I am very honored to be here. And if you have
questions in this regard, I am more than happy to answer them.
Thank you very much.
[The statement of Dr. Greydanus follows:]
Prepared Statement of Donald E. Greydanus M.D., Professor of Pediatrics
& Human Development, Michigan State University College of Human
Medicine; Pediatrics Program Director, Michigan State University/
Kalamazoo Center for Medical Studies
Good morning Chairwoman McCarthy and Members of the Committee.
Thank you for inviting me to testify on corporal punishment in schools
and its effect on children. It is my distinct honor to speak with you
today. I am Donald E. Greydanus, a pediatrician, and Professor of
Pediatrics & Human Development at Michigan State University as well as
Pediatrics Program Director at the MSU/Kalamazoo Center for Medical
Studies in Kalamazoo, Michigan. In my testimony I draw on the research
in this area as well as more than 35 years of my clinical and research
work in caring for children and adolescents. One focus of my research
and clinical work has been on violence and its effect on our children
and adolescents.
Definition of Corporal Punishment
Corporal punishment refers to intentional application of physical
pain as a method of behavior change.\1\ It includes a wide variety of
methods such as hitting, slapping, spanking, punching, kicking,
pinching, shaking, shoving, choking, use of various objects (i.e.,
wooden paddles, belts, sticks, pins, or others), painful body postures
(such as placing in closed spaces), use of electric shock, use of
excessive exercise drills, or prevention of urine or stool
elimination.\2,3\ The majority of children have experienced physical
punishment by the time they reach adolescence.\2,3\ Corporal punishment
in schools does not refer to the occasional need of a school official
to restrain a dangerous student or use physical force as a means of
protecting members of the school community subject to imminent danger.
Prevalence of Corporal Punishment
The prevalence of corporal punishment of children in schools
remains high in the United States. In spite of many education and other
national groups calling for corporal punishment in schools to be
banned, the United States remains one of the few industrialized
countries allowing corporal punishment in 30 states.\2,21\ According to
the Office of Civil Rights (2007), school officials, including
teachers, administered corporal punishment to 223,190 school children
across the nation during the 2006-2007 school year.\8,12\ Experts note
that there are about 1.5 million reported cases of physical punishment
in school each year, but calculate the actual number to be at least 2-3
million; as a result of such punishment, 10,000-20,000 students request
subsequent medical treatment each year.\8,9,12\ During this same
period, the top ten states for students being hit were, in order of
highest to lowest frequency: Mississippi, Arkansas, Alabama, Oklahoma,
Louisiana, Tennessee, Oklahoma, Texas, Georgia, Missouri, and
Florida.\9,11,20,21\
Current studies indicate that physical punishment is more common in
kindergarten through eighth grade (versus high school), in rural
schools (versus urban), in boys (versus girls), and in disadvantaged as
well as non-Caucasian children (versus middle-class and upper-class
Caucasians).\2,3,8,18-21\ The lowest incidence tends to be in those
states and school districts that have outlawed corporal
punishment.\2,3,4,9,18-21\
Youth who attend rural southern schools and who are male or who are
African-American are more likely to be victims of corporal
punishment.\3,8\ In fact, according to data from the US Department of
Education's Office of Civil Rights, African American students comprise
17% of all public school students in the U.S., but are 36% of those who
are victims of corporal punishment; this is more than twice the rate of
white students. Looking at data from only the 13 states that paddle
more than 1,000 per year, African-American students make up 24.8
percent of the student population but 35.9 percent of those paddled.
Additionally, almost 40% of all the cases of corporal punishment occur
in just two states: Texas and Mississippi; also, if one adds Arkansas,
Alabama, and Georgia, these five states account for almost three
quarters of all the children receiving corporal punishment in
schools.\3,8\
Disciplinary Ineffectiveness of Corporal Punishment
Advocates of corporal punishment in schools generally contend that
it is an effective form of correcting child misbehavior.\2\ However, a
review of the science in this area notes that the vast majority of the
evidence leads to the conclusion that corporal punishment is an
ineffective method of discipline and has major deleterious effects on
the physical and mental health of those on whom it is
inflicted.\1,2,4,19,20,21\ As noted already, the Office of Civil Rights
(2007) reports that 223,190 school children in the United States
received corporal punishment during the 2006-2007 school year with
estimates that include up to 3 million children and 10,000 to 20,000
requesting medical treatment.\8,12\ Indeed, children and adolescents
can be physically damaged by such punishment. In the case of corporal
punishment in schools, many students are hurt. Medical complications
may prevent students from returning to school for days, weeks, or even
longer. Reported medical findings include abrasions, severe muscle
injury, extensive hematomas, whiplash damage, life-threatening fat
hemorrhage, and others (including death!).\8,9,12,21\
There is no clear evidence that such punishment leads to better
control in the classroom.\2,10,11,13,19,21,22\ Physically punishing
children has never been shown to enhance moral character development,
increase the student's respect for teachers or other authority figures
in general, or offer greater security for the teacher.\2,6,8,19,21\
Children who are subjected to corporal punishment in school, in my
view, are being physically, emotionally, and mentally abused; indeed,
there are no data demonstrating that students subjected to corporal
punishment in schools develop enhanced social or self-control
skills.\2,4,7,21\
Effect of Corporal Punishment in School on Academic Success
Hyman et. al.\4,6,21\ persistently assert that approximately one-
half of students who are subjected to severe punishment develop an
illness called Educationally Induced Post-Traumatic Stress Disorder
(EIPSD). In this disorder, there is symptomatology analogous to the
Post-Traumatic Stress Disorder (PTSD). As with PTSD, EIPSD can be
identified by a varying combination of symptoms characteristic of
depression and anxiety. This mental health imbalance is induced by
significant stress; with EIPSD the stress is the inflicted punishment.
Such victimized students can have difficulty sleeping, fatigue,
feelings of sadness and worthlessness, suicidal thoughts, anxiety
episodes, increased anger with feelings of resentment and outbursts of
aggression, deteriorating peer relationships, difficulty with
concentration, lowered school achievement, antisocial behavior, intense
dislike of authority, somatic complaints, tendency for school
avoidance, school drop-out, and other evidence of negative high-risk
adolescent behavior.\22,23\ This does not predict nor encourage
academic success in our school milieu.
This work is consistent with other research concluding that
punished children become more rebellious and are more likely to
demonstrate vindictive behavior, seeking retribution against school
officials and others in society.\9\ Punishment is based on aversive
techniques and produces very limited results.\21,22\ A student may
cease acting out in one class only to continue in others. Such a child
or adolescent learns the wrong message, one of avoidance or escape from
getting caught or negative ways of eluding detection for wrong
doing.\24\ This student very likely will learn techniques that actually
lead to reduced self-control, with negative behavior characterized by
more acting out, school absence, malingering, recidivism, and overt
academic revocation.\4,9,12,21\ Some research notes that the more
corporal punishment is used in schools, the higher is the rate of
student violence and homicide.\25\
Research notes that corporal punishment constructs an environment
of education that can be described as unproductive, nullifying, and
punitive. Children become victims, and trepidation is introduced to all
in such a classroom. There is a limited (if any) sense of confidence
and security; even those children who witness this type of abuse are
robbed of their full learning potential.\19,21-24,26\ Students who are
witnesses or victims of such abuse can develop low self-esteem,
magnified guilt feelings, and various anxiety symptoms; such results
can have baneful results in the psychosocial and educational
development of these students.\19,21-26\ When studies look at the
milieu of these classrooms, one finds that all are subjected to less,
not more, learning. Because of fear, the nurturing of open
communication, so vital to effective education, is severely spoiled in
such aversive settings.
However, the use of corporal punishment is associated with
increased mental health problems in children including increased
psychological distress, which may lead to anxiety, depression, alcohol
and drug use, and general psychological maladjustment in those to whom
it is applied.\2\ Also, in addition to personal distress, it may lead
to vicarious learning of maladaptive methods of problem resolution by
those students who witness it.
The use of corporal punishment sanctions the notion that it is
meritorious to be violent toward children, thereby devaluing them in
society's eyes.\2,11,19,21\ It encourages children to resort to
violence because they see their authority figures using it. Such
practices harm children in teaching them that violence is acceptable,
especially against the weak, the defenseless, and the subordinate; this
is a message that can be reasonably assumed will negatively affect
generations yet unborn. Violence is not acceptable and we must not
support it by sanctioning its use by educational authority
figures.\2,19\
Alternatives to Corporal Punishment
An important technique in maintaining classroom control is to
develop a milieu of effective communication and positive reciprocal
relationships between parents, students, and teachers.\21\ School
officials should possess a) expertise in child and adolescent
development, b) generally enjoy working with children in the academic
setting, c) have a strong desire to help youth learn, and d) promote an
environment that clearly demonstrates that students are valued,
respected, and understood. The emphasis should be on positive
educational exchanges between teachers and students, not futile,
contentious, win-lose contests.\2,6,8,21\
Students, as well as their parents, should be carefully involved in
decision-making about school issues affecting them, including the
development and implementation of educational goals and disciplinary
rules, along with positive behavioral support where required. Schools
should have peer support programs that utilize techniques to encourage
acceptable behavior.\2\
It is critical that teachers receive adequate training and
resources to help them effectively maintain classroom control without
resorting to violent or aggressive techniques.\2\ One way to accomplish
this is to provide teachers, both during pre-service and in-service
training, with the ability to employ behavior management techniques
that promote pro-social classroom interactions among the students; this
would also promote a positive learning environment for those students.
Teachers who comprehend the deleterious short- and long-term
consequences of corporal punishment may be motivated to make
appropriate changes to their classroom management skills. Schools
should have an ample supply of counselors in the school to help
teachers provide their problem students with access to another caring
adult who can promote self-management as well as anger and impulse
control especially for younger children.\2,21,26\
Constitutional Challenges
Though more than half the states prohibit the use of corporal
punishment in schools, federal law does not ban the practice. In the
landmark case of Ingraham v. Wright,11,14 (1977) the US Supreme Court
refused to impose constitutional restrictions on the practice of
``reasonable'' corporal punishment. The court held that corporal
punishment in schools does not violate Eight Amendment rights against
cruel and unusual punishment or Fourteenth Amendment rights to due
process. In a subsequent case, Hall v. Tawney (1980) the Fourth Circuit
Court of Appeals held that students ``have a right to be free from
state intrusions into the realm of personal privacy and bodily security
thorough means so brutal, demeaning and harmful as literally to shock
the conscience of the court.'' Some state laws criminalize the
imposition of excessive corporal punishment, but the standard of
``excessiveness'' is hard for students to prove. Generally speaking, it
would be easier to prove a criminal case of assault and battery than to
prove that a teacher has violated a student's substantive due process
rights in a particular school disciplinary action. Thus, attempts to
expand students' common law rights by invoking the U.S. Constitution
have been met with limited, and generally, unsatisfactory
results.\9,18\
Aside from the limited success to end corporal punishment through
the courts and under the U.S. Constitution, 30 states have banned
corporal punishment in public and private schools through their own
legislative process. By comparison, 47 states have laws banning
corporal punishment in family day care settings, 44 states in group
homes, 48 states in day care centers, and 49 states in home foster care
(www.stophitting.com).
Conclusions
The use of corporal punishment in the school environment falsely
and perfidiously reinforces physical aggression as an acceptable and
effective means of eliminating unwanted behavior in our society.
Corporal punishment in schools is an ineffective, dangerous, and
unacceptable method of discipline. Nonviolent methods of classroom
control should be utilized in all our school systems.\2,8,9,19,20,21\
As a father of 4 daughters, a grandfather of 5 grandchildren, a
Professor of Pediatrics, a medical scientist, and as a US Navy Vietnam
veteran who served in the Vietnam war, I urge the committee to examine
the science of this issue and understand that:
There is no clear evidence that such punishment leads to
improved control in the classroom.
Corporal punishment has major deleterious effects on the
physical and mental health of students punished in this manner.
It severely reduces and does not enhance the academic
success of students who are subjected to corporal punishment in
schools.
The use of corporal punishment in schools reinforces
physical aggression and promotes violence in society.
Corporal punishment in schools should be banned.
Teachers should be educated in the use of alternative
methods of discipline, with an emphasis on employing evidence-based
behavior modification and other techniques to maintain control of the
classroom without resorting to violence.
Our precious children should not be subjected in the school milieu
to hitting, slapping, spanking, punching, kicking, pinching, shaking,
shoving, choking, use of various objects (wooden paddles, belts,
sticks, pins, or others), painful body postures (as placing in closed
spaces), use of electric shock, use of excessive exercise drills, or
prevention of urine or stool elimination. In closing, I wish to avail
myself to you should you have specific questions for me in this regard.
I thank you very much for the opportunity and honor to speak before you
today.
Acknowledgement
Over the past 20 years I have used a number of consultants in my
research and writing on the topic of Corporal Punishment in Schools. I
acknowledge and thank these experts for their work with me:
Anne E. Blake-Dreher JD, Miller, Canfield, Paddock and Stone,
P.L.C., Detroit, Michigan; Samuel Greydanus Jr. JD, Braintree,
Massachusetts; Joseph R. Hawver, Esq., Hawver & Associates, PLC,
Portage, Michigan; Marissa A. Holt MA, Teacher, Paramount Charter
Academy, Kalamazoo, Michigan; Dilip R. Patel MD, Professor, Pediatrics
& Human Development, Michigan State University College of Human
Development, MSU/Kalamazoo Center for Medical Studies, Kalamazoo,
Michigan; Helen D. Pratt, Ph.D, Professor, Pediatrics and Human
Development, Michigan State University College of Human Medicine,
Developmental-Behavioral Pediatrics Program Director, MSU/Kalamazoo
Center for Medical Studies, Kalamazoo, Michigan; C. Richard Spates,
Ph.D, Professor and Director of Clinical Training, Department of
Psychology, Western Michigan University, Kalamazoo, Michigan.
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______
Chairwoman McCarthy. Thank you very much, Doctor.
Ms. Frieler?
STATEMENT OF JANA FRIELER, PRINCIPAL, OVERLAND HIGH SCHOOL;
PRESIDENT-ELECT, NATIONAL ASSOCIATION OF SECONDARY SCHOOL
PRINCIPALS
Ms. Frieler. Good morning, Chairwoman McCarthy, Ranking
Member----
Chairwoman McCarthy. Could you bring the mic a little bit
closer to you?
Ms. Frieler. Is that better?
Good morning. Chairwoman McCarthy, Ranking Member Platts
and members of the subcommittee, thank you for inviting me to
speak on the issue of corporal punishment in schools and its
effects on student achievement.
My name is Jana Frieler. I am the principal of Overland
High School in Aurora, Colorado. Our school is a comprehensive
public suburban institution with over 2,000 students, who speak
54 different languages. We are more than a third African-
American, a fourth Hispanic, and one-half of our students
qualify for free and reduced lunches, yet Overland High School
succeeds academically.
We offer 21 advanced placement courses and an institute for
math, science and technology. Eighty-nine percent of our 2009
graduates are now participating in some form of post-secondary
education this year. Such success is only possible in a
supportive school environment. A culture that promotes the
students' sense of belonging to the school helps them take
ownership of their learning and values their voice as an
important member of the school community.
As we have known since Abraham Maslow published his well-
known hierarchy of needs in 1943, fundamentally, if students
don't feel safe at school, they cannot learn. My comments today
reflect both my personal beliefs and the position of the
National Association of Secondary School Principals, the
nation's largest school leadership organization, who I am
honored to serve as president-elect.
NASSP has adopted a position statement opposing the use of
corporal punishment based on six guiding principles. First,
schools should be free from violence. Schools must engage
students and not intimidate them into learning. Schools have a
responsibility to model authority that is constructive, humane,
and provides opportunities for growth.
Discipline must promote self-control in constructive, not
harmful ways. Discipline and corporal punishment are not
synonymous. Discipline should be applied consistently and
fairly. The statement draws a distinction between discipline
and punishment. Discipline teaches students to learn from their
mistakes and handle future situations more constructively.
Punishment, however, teaches students to avoid getting caught
in order to escape the consequences and not change a thing
about their behavior.
In my 15 years as a school administrator, I have never
resorted to corporal punishment, nor do I condone the practice,
preferring instead to use infractions as learning
opportunities. If the student understands his or her
responsibility in the matter and the consequence for the
misbehavior is perceived as fair and reasonable, parents and
students are much more likely to accept the outcome, regardless
of the severity.
Personalization is central to the NASSP's breaking ranks
school improvement framework by promoting a climate that never
tolerates violence, but instead focuses on each student's
success and implements a proactive approach to the discipline.
Such a climate can increase attendance, reduce dropout rates,
and decrease disruptive behaviors, eliminating the need for
punishment-focused discipline systems.
However, proactive discipline must be a part of whole
school planning and operations on a daily basis, not reactive
to specific incidences of behavior. To this end NASSP supported
the Keeping All Students Safe Act, which was approved by the
House last month and would establish federal minimum standards
on use of physical restraint or seclusion in schools.
I understand that Chairwoman McCarthy will be introducing
this legislation to prohibit the use of corporal punishment in
our public schools, and NASSP will support that bill as well.
We who are responsible for fostering positive climate in
schools welcome the support of federal legislation, and we hope
that realistic funding accompanies it.
The truth is that creating such a climate is complex and
challenging. We must convey clear behavioral expectations to
students, staff and parents, and at all times we must keep what
is in the best interest of our students at heart with fair and
natural consequences designed to educate instead of punitive
ones designed to exact revenge.
Programs such as school-wide positive behavior support,
which is widely used in Colorado, can assist school leaders
through the tracking of discipline infractions by time and
type, which allows resources and human capital to be placed
where they are most needed.
Dr. James Comer, one of the country's leading child
psychiatrists, has stated, ``No significant learning occurs
without a significant relationship.'' Establishing this
trusting relationship is even more critical to the academic
development of minority students and those living in poverty,
students that research shows are more likely to receive
corporal punishment, if it is allowed.
The threat of physical punishment hanging over a student's
head does not promote a climate of security, nor of learning.
Corporal punishment is no longer tolerated in the military,
prisons, or mental institutions. I strongly encourage Congress
to give students the same consideration by enacting legislation
that prohibits the use of corporal punishment in all schools
nationwide.
Madam Chairwoman, this concludes my prepared testimony, but
I would be happy to answer any questions committee members
have.
[The statement of Ms. Frieler follows:]
Prepared Statement of Jana Frieler, President-Elect, National
Association of Secondary School Principals
Chairwoman McCarthy, Ranking Member Platts, and members of the
subcommittee, thank you for inviting me to speak on the issue of
corporal punishment in schools and its effect on student achievement.
My name is Jana Frieler, and I am the principal of Overland High School
in Aurora, Colorado, where I have served for five years. Our school is
a comprehensive, public, suburban institution with over 2,100 students
who speak 54 different languages. Nearly half of our students are
eligible for free and reduced-price meals. Thirty-seven percent of our
students are Black, and 22% are Hispanic. Diversity is something we
celebrate. Our students can take part in leadership groups to help them
appreciate our differences while participating in activities that
celebrate their own cultures. Overland is also a college preparatory
school with 21 different Advanced Placement courses in almost every
subject area and an Institute for Math, Science, and Technology.
Eighty-nine percent of our students who graduated from our school in
2009 are participating in some form of postsecondary education this
year.
The Cherry Creek School District, where my school is located,
covers approximately 110 square miles in the southeast metropolitan
boundaries of the Denver area and serves approximately 48,700 students.
Our district consists of 40 elementary schools, 1 charter school, 11
middle schools, 6 high schools and 1 alternative high school.
Today, I am also appearing on behalf of the National Association of
Secondary School Principals, where I serve as president-elect. In
existence since 1916, NASSP is the preeminent organization of and
national voice for middle level and high school principals, assistant
principals, and aspiring school leaders from across the United States
and more than 45 countries around the world. Our mission is to promote
excellence in middle level and high school leadership.
NASSP
In 2004, the NASSP Board of Directors adopted a position statement
expressing our opposition to the use of corporal punishment in middle
and high schools. The board revisited that position in February 2009
and reaffirmed our commitment to the six guiding principals on which
the position statement is based:
NASSP supports the federal goal of violence-free schools
stated in Goals 2000: Educate America Act (1994). Every school in the
United States should be free of drugs, violence, and the unauthorized
presence of firearms and alcohol.
The fundamental need of U.S. education is to find ways of
engaging today's students in the excitement of learning. Fear of pain
or embarrassment has no place in that process.
Students have the right to learn in a safe and secure
environment. Schools have a responsibility to model for and teach our
youth methods of exerting authority and modifying behavior that are
constructive, humane, and provide opportunities for growth.
Many proven means of discipline promote self-control and
the development of appropriate socially adaptive behaviors in
constructive, nonharmful ways.
Discipline and corporal punishment are not synonymous.
Discipline should be applied consistently and fairly.
To avoid the alienation of youth and to address the issues that
lead to corporal punishment, NASSP has a long history of supporting the
personalization of the school environment and student learning. We
believe that school climate must be one that never tolerates violence
but instead focuses on each student's success and how the school can
foster a proactive approach to discipline.
In 1996, NASSP published Breaking Ranks:Changing an American
Institution in which we called for sweeping change in schools.
Recommendations from that and later Breaking Ranks publications focus
on areas that the school principal can influence directly. Some of the
recommendations that apply to this topic are:
Schools will create small units in which anonymity is
banished.
Every student will have a personal adult advocate.
Schools will engage students' families as partners.
Schools, in conjunction with agencies in the community,
will help coordinate the delivery of physical and mental health
services.
As you can see, recommendations such as these are the proactive
part of discipline and must be part of the whole school planning and
operations on a daily basis.
To this end, NASSP supported legislation approved by the House last
month that would establish federal minimum standards on the use of
physical restraint or seclusion in schools. The Keeping All Students
Safe Act (H.R. 4247) would also ensure that state-approved crisis
intervention programs include evidence-based skills training related to
positive behavior supports and provide grants to states implementing
schoolwide positive behavior support approaches to improving school
climate. I understand that Chairwoman McCarthy will be introducing
legislation to prohibit the use of corporal punishment in our nation's
public schools, and NASSP will support that bill as well.
Corporal Punishment in Colorado
According to the American Civil Liberties Union (ACLU), in the
United States at least 220,000 children in public schools are subjected
to corporal punishment, or ``paddling,'' in response to unacceptable
behavior and/or inappropriate language. A disproportionate number of
these students are minorities, male students, and students with
disabilities. In fact, while Black students represent only 17% of the
total student population, they receive 36% of the corporal punishment,
more than twice the rate of White students.
Although corporal punishment is no longer tolerated in the
military, prisons, or mental institutions, the U.S. Department of
Education reports that 20 states still allow corporal punishment in
full or in part, including my home state of Colorado. Long considered a
``local control state,'' the Colorado legislature enacted the Safe
Schools Act in 2004 to provide students with a safe, conducive learning
environment that is free from disruptions. Each school district must
develop ``concisely written conduct and discipline codes that shall be
enforced uniformly, fairly and consistently for all students.'' The
district's conduct and discipline code must also include ``policies and
procedures for the use of reasonable and appropriate physical
intervention or force in dealing with disruptive students; except that
no board shall adopt a discipline code that includes provisions that
are in conflict with the [state] definition of child abuse.''
While corporal punishment is allowable in Colorado, I believe its
use is rare and there are reasons for this. First are the liability
issues that are of great concern to school officials; regardless of the
immunity laws that protect the school staff who impose such
punishments, the possibility for potential litigation is great. More
importantly, however, the use of corporal punishment can serve as an
impediment to student learning. If students need to feel safe in order
to learn, striking a child as a punishment is completely
counterintuitive to establishing a culture and climate of safety and
therefore inhibits the learning that should be happening.
Corporal punishment is specifically prohibited in the Cherry Creek
School District, which governs my school. Every year, the Student
Conduct and Discipline, Rights and Responsibilities handbook is
distributed to school staff members and parents to explain the
district's policies for ensuring a safe education environment.
Consistent with state law and as long as it is not in conflict with the
legal definition of child abuse, however, the handbook states that our
discipline policies and procedures may include acts of reasonable and
appropriate physical intervention or force if a student is placing him
or herself or others in danger. As the principal of Overland High
School, I must submit an annual report to the board of education that
includes information on the number of conduct and discipline code
violations that occurred at my school and list any behavior on school
property ``that is detrimental to the welfare or safety of other
students or of school personnel, including behavior that creates a
threat of physical harm to the student or to other students.''
Personal Testimony
I have been a school administrator for over 15 years and, as such,
have made countless decisions regarding the discipline of students. I
have never resorted to corporal punishment nor do I condone the
practice. I believe that discipline should not be aimed at punishment,
but rather used as a learning opportunity for our students. If we focus
on punishing our students through threats, coercion, or physical
punishment, they may simply learn to avoid getting caught in order to
escape the consequences and therefore may become doomed to repeat, not
change, their behavior. If we focus on using the situation as a
learning opportunity, however, we teach them instead to learn from
their mistakes and how to better handle future situations in a more
positive manner. Personally, I have had much success with this
practice. If the student understands his or her responsibility in the
matter and the consequence for the misbehavior is perceived as fair and
reasonable, parents and students are much more likely to accept the
outcome, regardless of its severity.
As a school administrator, I have always worked to create
opportunities that are best for my students. Programs, activities and
events that enhance student performance take priority, but it's
important to realize that for academic growth to occur, it must take
place in a supportive school environment--a culture that promotes the
students' sense of belonging to the school helps them take ownership of
their learning and values them as important members of the school
community. This type of personalized learning environment can increase
attendance, decrease dropout rates, and decrease disruptive behavior--
and eliminate the need for a punishment-focused discipline system.
While my philosophy sounds simple, creating this type of school
environment is, in reality, quite complex. School leaders must
intentionally focus on establishing a positive, supportive school
environment with policies and procedures that affect the culture and
continually monitor the climate and revising it as necessary. Clear
expectations regarding student behaviors must be conveyed to students,
staff members, and parents. Fair and natural consequences, as opposed
to punitive ones, must be employed at all times.
Programs such as schoolwide positive behavior support, widely used
in Colorado, can assist school leaders by tracking of discipline
infractions by type and time, which allows resources and human capital
to be placed where they are most needed. School climate and culture
surveys are also given to students, staff members, and parents to
provide insight and valuable information as to how the school's
environment is perceived by all stakeholders.
Dr. James Comer, one of the country's leading child psychiatrists,
has said, ``No significant learning occurs without a significant
relationship.'' Establishing this trusting relationship is even more
essential to the academic development of minority students and those
living in poverty--students who research shows are more likely to
receive corporal punishment if it is allowed. So while the
establishment of a positive, supportive school environment is important
in every school, it is paramount in schools with diverse or high-
poverty populations.
Unfortunately, the wishes and best interests of adults are often
the basis of decisions made in some schools. And while it is important
to consider the needs of all members of the school community, decisions
must be made in the best interests of the students being served. Based
on my personal philosophy and experiences as well as my position as
president-elect of NASSP, I offer the following recommendations to
guide schools in developing a positive, supportive environment that
promotes the academic growth and personal development of every student
at the school:
Abolish all policies and procedures that allow or promote
corporal punishment or are focused on punitive measures.
Help students achieve academic success through the
identification of strengths and deficiencies and provide students with
the instruction, interventions, and support necessary for success.
Establish discipline policies and practices that promote
growth and self-discipline and are based on fair, reasonable, and
consistent rules.
Employ disciplinary consequences that are natural,
logical, and meaningful and contain an instructional or reflective
component.
When appropriate, implement personalized behavioral
contracts that are collaboratively developed by school personnel, the
student, and the parent(s).
Encourage positive reinforcement of appropriate behavior.
Establish programs that emphasize early diagnosis of
social or behavioral problems and provide the students and their
teachers with the appropriate interventions and support.
Encourage programs that emphasize values, citizenship,
school pride, and personal responsibility and support the mental health
needs of students.
Use school and/or community-based counseling for
individuals or groups.
Develop systems that promote strong parent-school and
community-school communications and relationships.
Provide professional development opportunities for school
leaders and all staff members (teachers, support staff, bus drivers,
playground aides, etc.) to gain and/or refine skills in classroom
management, conflict resolution, relationship building, positive
behavioral supports, etc.
In 1943, Abraham Maslow published his well known research on the
hierarchy of needs. The need to feel safe is the second most important
attribute after basic life needs such as food and shelter. Maslow's
hierarchy tells us that if the first level is not met, progress in the
second is impossible and so forth. A clear conclusion is that if a
student does not feel safe, then other life functions cannot take
place. The educational parallel to this research is that if students
don't feel safe at school, they cannot learn; this has been supported
by multiple research studies. The threat of physical punishment hanging
over a student's head does not promote a climate of security or
learning. For this reason and the ones I have stated previously, I
firmly encourage Congress to enact legislation prohibiting the use of
corporal punishment in all schools nationwide.
Madam Chairwoman, this concludes my prepared testimony, but I would
be happy to answer any questions you or the other committee members may
have.
Thank you again for this opportunity.
______
Chairwoman McCarthy. Thanks very much.
Ms. Gilbert?
STATEMENT OF WYNELL GILBERT, TEACHER,
ERWIN HIGH SCHOOL
Ms. Gilbert. Chairwoman McCarthy and subcommittee members,
it is an honor to speak before you today. I am Wynell Gilbert,
a secondary school science teacher at Erwin High School in
Center Point, Alabama. I am testifying today on behalf of the
Jefferson County Federation of Teachers. I am also a member of
the American Federation of Teachers, which for many years has
been training teachers on how to run effective, orderly, safe
and respectful classrooms without the use of corporal
punishment.
I am here today, because I know firsthand the difference a
teacher can make in the classroom without having to resort to
corporal punishment. Even though corporal punishment is allowed
in many Southern states, has it truly made a difference in
student behavior?
Based on my experience as a teacher in a high school that
was once known for its discipline problems, using corporal
punishment in my opinion is comparable to sweeping dirt under
the rug. The problem still exists. It is just being covered up.
A paddle may teach a child to be fearful, but what happens when
the child is no longer afraid?
I have been in public education for approximately 12 years.
Six of these years have been spent at Erwin High School. In
terms of demographics, we are a school that is approximately 93
percent African-American, 1 percent Asian, 3 percent Hispanic
and 3 percent Caucasian.
Our school has a highly transient student population. Many
of my students are raised in single parent homes, primarily by
their mothers and/or grandparents. Most of the parents are
relatively young. The majority of male students are raised in
homes without their fathers, and sometimes there is little or
no interaction between fathers and sons.
Some of our students are affiliated with gangs and often
engage in illegal activities. We have had to deal with a lot of
discipline problems in the school, and unfortunately, some of
these discipline problems were handled by the use of corporal
punishment with the consent of a parent. The problems were not
solved, because the same behaviors continued, often with more
hostility from the student.
In my classroom I have dealt with different types of
misbehaviors. I can honestly say that I have never had to
administer corporal punishment, nor had the desire to use it on
any of my students. However, as a result of their misbehavior,
some of my students did receive corporal punishment from the
school administration. Unfortunately, when the students came
back to my classroom, they were often hostile, and after a
while, the misbehavior resumed.
As a result I became proactive in my class as opposed to
being reactive. I started this process by implementing
strategies that I learned through educational research and
dissemination training. It is a professional development
program developed by the American Federation of Teachers, which
my local union provides.
Based on this training I set high behavioral expectations
for my students, seek to empower them and work really hard at
getting to know my students, their likes, their dislikes, and
try to find the things that motivate them. As simple as this
may seem, these are the strategies that have cut down on
misbehavior in my classroom without the use of corporal
punishment.
For example, as an incentive, I give extra credit bonus
points to students who go the extra mile in class. We may do
special projects as a class. I may have guest speakers come to
talk to the students, and as opportunity presents itself, we
may do outside experiments. These are the things that I find
help motivate my students. These incentives give them reason to
come to my class and participate. In essence, these extras give
students a sense of ownership and acceptance.
Even though these strategies have been successful in my
classroom, there are always a few students who may act out.
However, because of the tone I have set and the expectations
that have been established, these misbehaviors often are minor
and can be handled in the classroom.
I can recall a situation in which one of my female students
would come to class with the worst attitude ever. She
constantly caused problems in the classroom. Before sending her
to the office, I spoke with a social worker. This is a position
most schools in my district do not have, but we have been
fortunate to have a social worker within our school.
I found out that this young lady had very little respect
for women, because she was habitually abused by her mother and
eventually was removed from her home and placed in foster care.
When I realized this, I knew that harsh punishment would not
solve the problem with this young lady.
I learned that she was a very good artist, so the next day
in class we did an assignment in which students had to
illustrate what they learn by drawing a picture. Each person in
the class was assigned a role. Of course, I assigned this young
lady to be the illustrator, giving her an opportunity to
showcase her artwork. At the end of class I commented her on
her drawing, and she was thrilled to know that I liked the
picture.
We engaged in a conversation about other things that
interest her, but everything circled back to art. Without going
into detail about her past, she told me that drawing gave her
an opportunity to escape. Seeing that this was her greatest
strength, I suggested the following to her. I told her when she
came to class, she had to act like a young lady to do all that
was required for the class period. Then, if time allowed, I
would let her draw for the last 5 to 10 minutes of class.
I didn't let her down. I kept my promise, and I maintained
consistency with her. As a result, she didn't let me down and
became one of my better students. In this situation corporal
punishment would not have been the solution.
In addition to the things I have done in my classroom to
maintain discipline through positive reinforcement, our school
has been proactive with this approach as well. Among the things
that have been done in place is a program called ``Caught Doing
Something Good,'' which recognizes students for doing something
good in the school. For example, if a student turns in a lost
wallet, the student's name is announced over the PA system at
the end of the day. Students are so excited to hear their names
announced that they work extra hard to be recognized for their
positive behaviors.
In conclusion, corporal punishment does not work, and in my
opinion should be banned. Fortunately, the principal of my
school has moved away from corporal punishment unless the
parent consents. Yes, we still have discipline problems, but
our principal works really hard with our social worker to
ensure that students have an opportunity to improve their
behavior by using positive reinforcement before other steps are
taken.
Thank you, and I will be available for questions.
[The statement of Ms. Gilbert follows:]
Prepared Statement of Wynell Gilbert, Teacher, Erwin High School,
Center Point, AL
Chairwoman McCarthy, Ranking Member Platts, and subcommittee
members, I am Wynell Gilbert, a secondary school science teacher at
Erwin High School in Center Point, Ala. I am testifying today on behalf
of the Jefferson County Federation of Teachers. I am also a member of
the American Federation of Teachers, which for many years has been
training teachers in how to run effective, orderly, safe and respectful
classrooms without the use of corporal punishment.
I am here today because I know firsthand the difference a teacher
can make in the classroom without having to resort to the use of
corporal punishment. Even though corporal punishment is allowed in many
Southern states, has it truly made a difference in student behavior?
Based on my experiences as a teacher in a high school that was once
known for its discipline problems, using corporal punishment is
comparable to sweeping dirt under the rug: The problem still exists;
it's just being covered up. Typically, the students who caused the most
problems in my classroom were the ones who were seeking attention and/
or in search of acceptance. A paddle may teach a child to be fearful,
but what happens when the child is no longer afraid?
I have been in public education for approximately 12 years. Six of
these years have been spent at Erwin High School, near Birmingham, Ala.
In terms of demographics, we are a school that is 93.1 percent African-
American, 0.8 percent Asian, 3.06 percent Hispanic, and 3.31 percent
Caucasian. Our school has a highly transient student population. Many
of my students are raised in single-parent homes, primarily by their
mothers and/or grandparents. Most of the parents are relatively young.
The majority of male students are raised in homes without their
fathers, and sometimes there is little or no interaction between
fathers and sons. Some of our students are affiliated with gangs and
often engage in illegal activities. We have had to deal with a lot of
discipline problems in the school and, unfortunately, some of these
discipline problems were handled by the use of corporal punishment. The
problems were not solved, because the same behaviors continued, often
with even more hostility.
In my classroom, I have dealt with different types of misbehaviors.
I can honestly say that I have never had to administer corporal
punishment nor had the desire to use it on any of my students. However,
as a result of their misbehavior, some of my students did receive
corporal punishment from the school administration. Unfortunately, when
the students, came back to my classroom, they were often hostile, and
after a while, the misbehavior resumed. As a result, I became proactive
as opposed to reactive. I started this process by implementing
strategies that I learned through ER&D (Educational Research and
Dissemination) training, a professional development program developed
by the American Federation of Teachers, which my local union provides.
From this, I found that the most effective strategy was setting the
tone in my own classroom.
From day one, I set high behavioral expectations for my students; I
empower them by giving them an opportunity to establish their own
classroom rules as long as they comply with the school's Student Code
of Conduct. I make a conscious effort to get to know my students; this
enables me to target the ones who may develop behavioral problems.
Typically, these are the students who I want to ``empower'' by giving
them certain responsibilities. For example, I had a young lady in my
class who was always tardy; when she came to class, she always caused
problems. Whenever I addressed the issue with her, she would become
hostile and shut down. Of course, when she did this, it interrupted the
learning process. One day, I decided to take a different approach. That
day when she came in late, I asked her to file papers for me. She
worked quietly in a corner. The next day, I saw her in the hall and I
commented on how well she filed the papers and how she helped me out
tremendously. The look on her face made me realize that this may have
been the only compliment this young lady had ever received. So, she and
I began to talk more, and she offered to be my student helper. This
gave me an opportunity to see what she was interested in, while being
able to hold some type of leverage on her. My response to her was,
``You can't be my helper if you continue to come to my class late and
misbehave. You have to set an example for other students.'' After
having this conversation with her, she was the first person to arrive
in my class every day. In fact, she became one of my best students. In
situations like this, oftentimes the student is referred to the office
for disciplinary action, which may or may not result in corporal
punishment. Would corporal punishment have benefited this young lady?
Positive reinforcement got the results I wanted without the use of
corporal punishment.
I work really hard at getting to know my students, thus learning
their ``likes'' and ``dislikes,'' and I try to find the things that
motivate them. As simple as this may seem, these are the strategies
that have cut down on misbehavior in my classroom, without the use of
corporal punishment. For example, as an incentive, I give extra credit/
bonus points to students who go the extra mile in class; we may do
special projects as a class; I may have guest speakers come in to talk
to the students; and if the opportunity presents itself, we may do
outside experiments. These are the things that I find help motivate my
students. These incentives give them a reason to come to my class and
participate. In essence, these extras give students a sense of
ownership and acceptance. Even though these strategies have been
successful in my classroom, there are always a few students who still
may act out. However, because of the tone I have set and the
expectations that have been established, these misbehaviors often are
minor and can be handled in the classroom. I know that I have been
successful in managing my classroom because I am consistent; I provide
a structured environment for my students; and I try to address any
problems in the beginning before they fester.
As I recall, during my first year of teaching at this school, many
of the students had very little pride, and school morale was very low.
We had a lot of discipline problems, and many of our students received
corporal punishment. Even though corporal punishment was administered,
the discipline problems continued.
Unlike most schools in our school district, we have a full-time
social worker on our campus. This individual has played a tremendous
role in working with the students who are most likely to misbehave.
Oftentimes, teachers are asked to refer students with repetitive
misbehaviors to the social worker. These students typically are dealt
with by using the Strength-Based Perspective program, which highlights
the students' strengths (something positive) as opposed to their
weaknesses. By using this approach, he is able to build a relationship
with the student, which in turn builds trust and gives the student an
opportunity to be a part of the process. The social worker's role in
the school has had a very positive impact, particularly on our male
students. It is very helpful that he is an African-American, so most of
the students can identify with him; he has taught a lot of these young
men what it means to be a man and how to avoid conflict in a positive
way (whether the conflict is in the classroom or at home).
I can recall a situation in which one of my female students would
come to class with the worst attitude ever; she constantly caused
problems in the class. Before sending her to the office, I spoke with
the social worker. I later found out that this young lady had very
little respect for women because she was habitually abused by her
mother and eventually was removed from her home and placed in foster
care. When I realized this, I knew that a harsh punishment would not
solve the problem with this young girl. I learned that she was a very
good artist, so the next day in class, we did an assignment in which
students had to illustrate what they had learned by drawing a picture.
Each person in the class was assigned a role. Of course, I assigned
this young lady to be the illustrator (giving her an opportunity to
showcase her artwork). At the end of class, I commented on her drawing,
and she was thrilled to know that I liked the picture. We engaged in
conversation about other things that interested her, but everything
circled back to art. Without going into detail about her past, she told
me that drawing gave her an opportunity to escape. Seeing that this was
her greatest strength, I suggested the following: I told her that when
she came to class she had to act like a young lady, to do all that was
required for the class period. Then, if time allowed, I would let her
draw for the last five to ten 10 minutes of class. I didn't let her
down, I kept my promise and I maintained consistency with her. As a
result, she didn't let me down and became one of my better students. In
this situation, corporal punishment would not have been a solution.
In addition to the things I have done in my classroom to maintain
discipline through positive reinforcement, our school has been
proactive with this approach as well. Among the things that have been
put in place is a program called ``Caught Doing Something Good,'' which
recognizes students for doing something good in the school. For
example, if a student turns in a lost wallet, the student's name is
announced over the PA system at the end of the day. Students are so
excited to hear their names announced that they work extra hard to be
recognized for their positive behaviors. Even though this approach has
not eliminated all discipline problems, it has given students the
opportunity to build character and integrity. Three years ago, a
mentoring program titled G.U.M.B.O.S. (Greater Understanding of
Multiple Blends of Students) was established. G.U.M.B.O.S. is a service
organization with a very diverse group of students ranging from star
athletes and scholars to students who have exhibited behavioral
problems. Members of this organization are matched with students in the
elementary and junior high schools to serve as mentors. Ironically, the
students who caused the most behavioral problems often made the best
mentors. Their behavior changed as a result of being a part of a
respectable group, which gave them a sense of ownership and acceptance,
and made them feel important.
I could go on and on about the different programs we offer our
students to reinforce positive behavior, but I realize that time is
limited. However, I can say that having these programs in place has
been far more effective in maintaining discipline than using corporal
punishment or other negative alternatives.
My job as a teacher is to provide my students with the necessary
skills they need to be productive citizens. In most cases, these skills
go beyond what is found in the textbooks. What makes me feel good about
what I do day to day are the ways in which my students are able to
resolve their own conflicts without the use of physical force. Most of
my students come from homes in which they are used to having pain
inflicted upon them to get desired results. As a result, that behavior
trickles into the classroom, and they in turn begin to practice violent
acts to get the results they want, which creates a bigger problem in
the classroom. Taking a different approach by using other methods to
show students how they can resolve conflict in a positive manner is
more effective, because these are long-term life skills that everyone
needs to know. More importantly, these skills build character and
integrity, which is something that corporal punishment fails to do.
In sum, corporal punishment does not work and in my opinion should
be banned. In each of the examples provided, it was positive
reinforcement, building on student strengths, and fostering nurturing
relationships between teachers and students that extinguished unwanted
behaviors. Administration of corporal punishment perpetuates
unnecessary reassertions of adult power and control, it humiliates
students, and it results in little or no change in student behavior.
Fortunately, the principal of my school has moved away from
corporal punishment. Yes, we still have discipline problems, but our
principal works really hard with our social worker to ensure that
students have an opportunity to improve their behavior by using
positive reinforcement before other steps are taken.
As I close, I am proud to say that in 2011 we will be moving into a
brand-new high school. For the first time, I will have a true science
lab. I am excited and the students are excited. Moving from an
antiquated building into a modern building is going to mean a lot for
these students. Most importantly, they can walk into a new school with
a sense of dignity and pride.
______
Chairwoman McCarthy. Thank you, Ms. Gilbert.
Ms. Pee?
STATEMENT OF LINDA PEE, PARENT OF STUDENT WHO RECEIVED CORPORAL
PUNISHMENT
Ms. Pee. Chair McCarthy and members of the subcommittee,
thank you for the opportunity to testify at this hearing on
corporal punishment. My name is Linda Pee, and I am pleased to
join you to discuss how corporal punishment had a negative
effect on my daughter Audrey and how my efforts to protect her
from this practice were unsuccessful.
My daughter Audrey attended school within Webster County
School District in Mississippi from second until 12th grade.
Audrey moved to East Webster High School in sixth grade. That
first year they sent a discipline form home with Audrey,
letting parents opt out of corporal punishment. You fill it out
and send it back with the child, and you can check a box saying
whether you don't want your child hit in school. I said it was
okay for her to be punished, because it never occurred to me
she would be injured from it. I thought she would be safe at
school.
When Audrey was in the sixth grade, she was paddled for the
first time. In general the paddles are wood and about 15 inches
long with a handle at one end. The gym coach paddled her for
being tardy for gym class. There were 10 kids late for class
that day, and the coach lined them up and hit them on their
behind in front of the other students.
When Audrey got home that day, she was pretty upset. She
told me that she had gotten one lick. She had purple bruises.
You could see the mark of the paddle across her buttocks. I was
shocked and infuriated. I couldn't believe that one lick could
make marks like that. I was so upset I called my sister, who
said I needed to take her to the emergency room, and so that is
what I did.
After that incident I made it clear to the school that I
didn't want Audrey paddled again. I went in the next day and
talked with the principal and the teacher that hit her. I made
it real clear they had better not lay another hand on my child,
and there weren't any problems for a few years.
But the atmosphere in the school was really one of
intimidation and fear. My daughter would see children paddled
all the time. She said the teacher who hit her, who became the
new principal, would leave the door open so people could see
that he was hitting children.
At the beginning of Audrey's 12th grade, I got a form from
school asking if I gave permission for corporal punishment. I
was offended they had even sent this form to my home, because I
had already made it so clear in my wishes. But I completed it
anyway, and I put a huge X on the box for no paddling and sent
the form back to school.
In March 2007, only a few months before Audrey was to
graduate, she was paddled again by this principal, the same man
who was directly told before that I objected to the school
using corporal punishment. She was hit for violating the dress
code, because she was wearing sweatpants that fell between her
knees and her ankles. She received two blows from the principal
in his office, and she was paddled in first period and had
bruises all over by third period.
I got her into the doctor's office, and he documented the
welts and bruises. I called the superintendent and told him
what happened. I didn't understand how they could paddle her
when I had signed the form telling them not to. I was so upset,
but the school said they couldn't find the form. I trusted the
school to keep the form safe in a file.
After Audrey was paddled again, I tried everything I could
to think of to protect my daughter. I went to the sheriff's
department to file charges. I went to the school board meeting
to talk about it. I filed a complaint with the State Department
of Education, but nothing happened. And I have tried to pursue
a court case, but we couldn't get anywhere. There is immunity
for teachers who paddle in school.
I was left with no options. They bruised my child and
injured her twice. And I tried to protect her by opting her out
of this horrible type of punishment, but in the end I was
unable to. This child is a gift from God that I vowed to
protect.
In schools, education should be the primary focus. The
school should be a safe place. There are other ways to change
behavior of children in school. I remember when Audrey was in
elementary school and she got in trouble for talking in class.
I told the teacher, ``Well, if you keep her in from recess and
give her a little extra work to do, I think that will take care
of that,'' since social time was what was important.'' And it
did.
I don't think anyone should be hitting anyone else's
children. It is not the type of decision teachers or principals
should make. It is too complicated, and too much can go wrong.
You can't know what mood the teacher is in, whether he is mad
or swings too hard. This just shouldn't happen in school, and
not to anyone's child. Thank you.
[The statement of Ms. Pee follows:]
Prepared Statement of Linda Pee, Mother of Student Who Received
Corporal Punishment
Chair McCarthy, Ranking Member Platts, and Members of the
Subcommittee: Thank you for the opportunity to testify at this hearing
on corporal punishment and its effects on academic success. My name is
Linda Pee, and I am pleased to join you today to discuss how corporal
punishment had a negative effect on my daughter, Audrey, and how my
efforts to protect her from the practice were unsuccessful.
I. Personal Background
I was born in Maben, Mississippi, and until July 2009, I lived in
Cumberland, Mississippi. My daughter, Audrey, attended schools in the
Webster County School District from second grade until twelfth grade.
Audrey moved to East Webster High School in sixth grade. That first
year, they sent a discipline form home with Audrey letting parents opt
out of corporal punishment. You fill it out and send it back with the
child, and you can tick a box saying you don't want your child hit in
school. You also have to sign the handbook, stating you read the rules.
I signed saying it was OK for her to be punished, because it never
occurred to me she could be injured from it. I thought she would be
safe in school.
II. Paddling Incidents
When Audrey was in sixth grade, she was paddled for the first time.
The paddles they use look sort of like a flattened baseball bat--
they're a piece of wood about 15 inches long, three inches wide, and an
inch thick, with a handle at one end. The gym coach paddled her for
being tardy for gym class. There were 10 kids late for class that day,
and the coach lined them up and hit them on their behinds in front of
the other students.
When Audrey got home that day, she was pretty upset and she told me
that she had marks on her behind. When I saw the mark of the paddle, I
was shocked and infuriated. I just couldn't believe it. She told me
that she got one lick. I couldn't believe that one lick would make
marks like that. I was so upset I called my sister, who said I needed
to take her to the emergency room. So that's what I did. She had purple
bruises--you could see the mark of the paddle across her buttocks.
After that incident, I made it clear to the school that I didn't
want Audrey paddled again. I went in the next day and talked to the
principal. I made it real clear that they'd better not lay another hand
on my child. And there weren't any problems for a few years.
Audrey was an OK student--she had some trouble in math--but she had
no major disciplinary incidents between sixth and twelfth grade. But
the atmosphere in the school--it was really one of intimidation and
fear. My daughter would see children paddled all the time. She said the
principal would leave the door open so people could see that he was
hitting people. Some kids get upset and angry when they see their
friends paddled. And some kids become used to it, as if it was just OK
to see their classmates being hit. But to me, it just doesn't seem
right for kids to see that in school, for them to learn that this is
OK. This practice can really injure kids, it injured my daughter.
I remember, at the beginning of Audrey's twelfth grade, I got a
form from the school, asking if I gave permission for corporal
punishment. I was offended they had even sent the form home, I had
already been so clear in my wishes. But I completed it anyway and sent
it back--I put a huge ``X'' on the box for no paddling, and sent the
form back to the school.
In March 2007, only a few months before Audrey was due to graduate,
she was paddled again. She was hit for violating the dress code,
because she was wearing sweatpants that fell between the knees and the
ankles, in violation of a new rule stating that students could not show
their ankles at school. She received two blows from the principal in
his office. She was bruised again, she had bruises all over her behind.
She was paddled in first period and she had bruises all over her by
third period. I took her to the doctor's office and he documented the
bruises, and we went to the sherriff's department.
Audrey didn't want to tell me what happened; she knew I was going
to be mad. And I was mad, I was upset. I called the superintendent and
told him what happened. I didn't understand how they could paddle her
when I'd signed the form telling them not to. I was so upset. But the
school said they couldn't find the form. I trusted the school to keep
this document safe in its files.
After Audrey was paddled again, I tried everything I could think of
to protect my daughter. I went to the sheriff's department, to file
charges for assault. I went to a school board meeting and tried to talk
about the issue, but nothing happened. I filed a case with the State
Department of Education, but I got an email back saying I should go
through the local body. And I tried to pursue a court case. But we
couldn't get anywhere--there's immunity for teachers who paddle in
school. I was left with no options. They bruised my child and injured
her twice. I tried to protect her by opting her out of this horrible
type of punishment, but in the end even doing that, I was unable to
protect her and the school still hurt her.
III. Protecting My Child
In schools, education should be the primary focus. You want to feel
like you're sending your child to a safe place. You certainly don't
want your child injured and bruised. It's crazy. The school should be a
safe place, not a place where your child gets injured.
What hurts most about this is that I tried to do everything I could
to protect my child, but that wasn't enough. This child is a gift from
God that I've vowed to protect. She's my life. I've been divorced for
13 years. When Audrey was growing up, it was me and her. It hurts that
I feel like I haven't protected her. In the end, no parent should have
to be worried about that.
There are other ways to change the behavior of children in school--
that would have been better for Audrey. I remember when she was in
elementary school she got in trouble for talking in class. I told the
teacher, if you keep her in from recess and give her some extra work--
that will take care of that. And it did, because social time was
important to my daughter.
I don't think anybody should be hitting anybody else's children.
It's not the type of decision teacher or principals should make--it's
too complicated and too much can go wrong. You can't know what mood the
teacher's in, whether he's mad and swings too hard. And you can't know
how it'll affect a child, whether a child will be bruised or injured or
worse. This just shouldn't happen in schools--not to anyone's child.
______
Chairwoman McCarthy. Thank you, Ms. Pee.
I think one of the issues that I certainly have a problem
with is that so many of us have spent time to reduce domestic
violence, child abuse in every form, whether it is on the state
or the local level, and yet here we have corporal punishment
still going on in this country.
I still don't understand why someone in a school, which
should be a safe place to be, would still agree that corporal
punishment works, to hit a child, to beat a child. That is the
part I am having a hard time understanding.
I know that this will be a difficult subject for us to deal
with here in Congress. I know there will be many battles going
forward on why we should have corporal punishment, or it is a
state right to have corporal punishment. But I believe that
this is something that should be banned in this country. We are
better than that. There are better ways to handle children that
have discipline problems.
I guess the question that I will ask all of you on my first
round, does this punishment contribute in any way, a positive
way, to academic achievement or school climate? Could you sum
up for me why in your opinion it is important for Congress to
act to ban corporal punishment in schools. I know each of you
have touched upon it, but a lot of times in 5 minutes you can't
put everything out that you would like to talk about.
Doctor, if you would like to go first?
Dr. Greydanus. First, I think it is important to realize
that this is a historical perspective. As I mentioned, when
this country was founded, it was founded on principles from
Europe, England particularly, where corporal punishment at that
time was accepted, so it just was natural to fit in. ``Well, if
it is good there, let us do it here.'' And it was never really
challenged.
People assumed, ``Well, if I hit a child, they will
behave.'' And there was very little research going on. So there
has been a long history of this and a tendency to ignore the
research.
I think the second point is that the research which has
been done--and I think it is important to stick to that and
just say it would make sense not to hit a child, but in
addition, if you are interested in improving the behavior,
there are some teachers, principals, whomever in the school
would hit a child out of an attempt to improve them. ``You are
not listening to me. I want to improve you.''
This may be a youngster with attention deficit disorder.
This may be a youngster with other problems that is impairing
their learning, and the teacher becomes frustrated, the
principal becomes frustrated, and so they want to do something.
And they feel--some of them--that this will improve things.
What I think Congress has to realize is that this attitude
is continuing in this country. We have 20 states that still
allow this, although within some of these states certain school
districts have gone into this and tried to prevent this. And it
is often the disadvantaged kids that get hit. When they have
tried to go through the court system for a variety of reasons,
they get turned away. They have not been protected.
So I think it is important for Congress to realize that
there are millions of our children who are being physically
hurt in this way, not just paddling, but a variety of methods.
And if Congress is interested in the academic success of the
children--I know they are--this is not the way to do it, that
this is the opposite will occur.
And so if the school is doing something--the school
officials--that is hurting the academic success of the student,
they need to stop that. Schools are there to educate. I think
when anyone looks at this, if they look at historical or other
perspectives, they have to realize that those perspectives are
wrong, that today we know from clear research, the vast
majority of work done in behavioral sciences.
Now, no research is perfect. You can always take one study,
and I do that as a teacher with my students, and I can say,
``Let us look at this study and let us look at what is good and
bad about it.''
There is no perfect study, but the vast majority of the
literature, which is supported by the American Medical
Association, the American Academy of Pediatrics, the Society
for Adolescent Medicine, and a wide range of medical and
educational and other firms have looked at the data and said,
``You know, it is true. When you hurt a child,'' as I said in
my testimony, ``it destroys their ability to learn.'' You turn
out an angry, bitter individual, who has not only physical
problems, as we heard, but severe mental problems, which they
carry throughout their life.
So I think that--and we are a violent enough society. The
place to try to correct some of that violence is in the school.
If we allow it to happen, it just--things it makes worse. And I
think Congress should act, because we are now 200 and plus
years of our country. It hasn't happened. So it is time to
protect the children, as I said in my remarks, that are in
school today and will be in school for the rest of this
century. And the impact of those children on their learning
will be enormous.
Chairwoman McCarthy. Thank you, Doctor.
Ms. Frieler?
Ms. Frieler. You asked if there is ever a time when
corporal punishment is effective. I can tell you no. In my
opinion there is not.
Schools are institutions of learning. Sometimes that is
textbooks and subject matter, and sometimes that is life. And
where I think it is really important, schools have a
responsibility to teach our young people to be productive
members of society. And when you throw, like in my school,
2,100 students from many different countries together, you have
to teach kids how to get along. And that is a skill that they
will learn not only in school and use not only in schools, but
in life.
And I think it is very important that you establish the
right climate, and that is one of trust and one of security. In
my testimony I mentioned the hierarchy of needs with Abraham
Maslow, and it is important, because if kids don't feel safe,
they can't learn.
And so I think corporal punishment impedes that. It creates
an environment of fear, where that learning doesn't happen and
where kids don't become productive members. They learn that
violence is okay, and they carry that throughout into adult
life. And that affects communities as a whole and affects our
entire country as a whole.
I would urge Congress to very seriously consider abolishing
corporal punishment in schools.
Chairwoman McCarthy. Thank you.
Ms. Gilbert?
Ms. Gilbert. Your question was did the use of corporal
punishment have an effect on academic success in the classroom.
And in my opinion, I think it does. My job as a classroom
teacher is to ensure that all my students are successful, and
if they have been administered corporal punishment, oftentimes
those kids come back into the classroom, and they are hostile,
which causes more problems not only for you as a teacher, but
for other students that are in the classroom.
There have been several situations where I have actually
talked to my students. In a lot of our kids, there is a lack of
trust of the community. There is a lack of trust in the home.
Many of the parents, as I mentioned in the testimony, are very
young, and as a result a lot of the kids are acting out,
because they want to be accepted. They want to have a sense of
ownership. They want to feel important. And paddling or the use
of corporal punishment is not doing that.
Some kids that come from backgrounds where they have been
beaten all the time, so if you administer at school, I mean,
oftentimes the kids, the children have become desensitized to
pain, so you are not really correcting the problem. And as Ms.
Frieler mentioned earlier, we want our students, we want our
children to be able to be productive citizens in society. And
in doing that, you know, that goes beyond the textbook. That
goes beyond the classroom lecture.
Students need to be able to solve their conflicts, know how
to sit down as adults and work situations out, because, I mean,
if they are in an environment where there is violence, and if
the only way they learn to handle that is through violence, we
are creating a cycle that could explode.
And I honestly feel that we should reconsider this.
Corporal punishment should be banned. We should look at
programs for parents. If we have younger parents, try to
provide more parental programs to train parents how not--you
really can't get into the household, but to train parents or to
provide, you know, some type of support system for young
parents, so that way, when they are disciplining at home, that
discipline will trickle down into the classroom, where there is
no issue that teachers are dealing with, because when we are
facing, it is really hard as a classroom teacher to teach, and
then you have discipline problems.
And then you can't counsel or you--and you end up
counseling, but there are so many other issues that we need to
deal with. And corporal punishment in my opinion is not the
answer.
Chairwoman McCarthy. Ms. Pee?
Ms. Pee. I don't think there is ever an opportunity where
corporal punishment is appropriate or helpful. My daughter
became fearful of going to school. She was fearful of the man
that injured her. With the environment of intimidation and
fear, there was always the fear of am I going to do something
wrong. I don't think there is ever an opportunity where it
should be appropriate.
Chairwoman McCarthy. Thank you.
Mr. Guthrie?
Mr. Guthrie. Thank you. Thank you very much.
And thanks for coming to share your story, Ms. Pee. I know
it is difficult sometimes and to come here and be in Washington
and testify. I know that is----
Ms. Pee. Yes.
Mr. Guthrie. I appreciate you doing that.
And, Ms. Gilbert, thank you for the--any time you can reach
in and bring something out of a student like you did with the
art and make it a positive experience, I think that is great.
My wife went to the University of North Alabama, so A&M was a
big rival, but it was a friendly rivalry. We always loved those
games. It was always fun.
And then, Ms. Frieler, you were talking earlier on
punishment and discipline, and I know the difference, corporal
punishment, physical punishment. And you used that term
differently, and take corporal punishment off the table, but
punishment and discipline. And what would you do when a child
violates the rules and the positive stuff hasn't worked? What
does your school--how do you handle that? What type of
disciplines, I guess, is the question.
Ms. Frieler. Well, I would say that discipline is a lot
like learning, and if the student doesn't know how to read, you
provide interventions for them to make sure that the outcome is
that they can read. The same thing is true with discipline. If
a student doesn't understand or chooses to not follow a rule,
they have a consequence. If that continues, the consequences
change, based on the severity of what happens to them.
I have a whole variety of things that I can do. There is a
code and conduct policy in our district that we follow, which
is progressive. There is nothing in there that is physical,
however, but it is a lot of communication with families.
If that doesn't work, we do have a social worker that helps
us as well. There are times when we have to look at alternative
placements for kids. That could be, depending on the severity
of the situation, it could be a brief incarceration. It could
be an expulsion.
But our district also has programs for kids who are in
those kinds of situations. And, you know, most of the times
once that consequence is taken care of, they come back to my
school, because they know it is a fair school to come to.
Mr. Guthrie. Do you mean incarceration for school
infractions or something outside of school that is bigger than
that?
Ms. Frieler. It would depend on the severity of what
happened and where it happened.
Mr. Guthrie. Thanks.
And then for Dr. Greydanus, I know on the studies in the
physical, obviously, if you are not doing corporal punishment,
you wouldn't do physical. But what about other disciplines that
people have? You said that there is physical and emotional
stress. So if we are looking at other disciplines used in the
school, would studies say that that is causing emotional
stress?
And I am just trying to figure out exactly--I know what you
are saying about corporal punishment. I understand that, and I
sympathize with that. I agree with that. But if we look at
every other type of discipline in the school and say, ``Well,
that is going to cause some emotional stress,'' where do we
draw the--what is a good play to draw lines, as you said----
Dr. Greydanus. Well, the big difference is with corporal
punishment, you are inducing physical pain, and it is very
clear that if you induce physical pain, if a larger person, a
person in authority, inflicts physical pain on someone who
typically is a child----
Mr. Guthrie. I understand. I am just saying but a non-
physical punishment can still induce emotional pain.
Dr. Greydanus. Well, it depends----
Mr. Guthrie. So where do you draw the line?
Dr. Greydanus. Yes, I think it depends--sure--on how you
are going to define the non-physical situation. Teachers spend
a lifetime learning the best way of communication. What it is
really boiling down to is what we have all said. Children learn
in a positive classroom. They bring their problems, their
issues, good or bad, into the classroom, and then there is a
teacher with the support of other teachers and the support of
the principal to induce a positive milieu or environment that
they can learn.
Any time you take away that positive environment, somebody
yelling too much or someone in the classroom misbehaving, that
certainly can disrupt that. The issue, really, is the physical
pain causes both physical and emotional problems.
And then from the viewpoint of the teacher, find out what
the issue is. The other issue is if there is a behavior that
you don't like, is it really a problem? For example----
Mr. Guthrie. I think the question is, because I am going to
run out of time, best practices on how to discipline, because
there are kids that just won't follow the rules. And whatever
reason happens, outside the home, in the home, or whatever the
reasons are, I mean, what are the best practices?
Dr. Greydanus. If children do not obey the rules--and first
that the rules are appropriate. Teachers have to establish
sometimes. There was a famous court case where kids were
giggling in a classroom in a hallway, just because kids will
giggle, little girls, and then so----
Mr. Guthrie. Can you get water when you didn't get
permission to get water----
Dr. Greydanus. Is the behavior really that a problem?
Mr. Guthrie. Some would say it is.
Dr. Greydanus. And teachers have to learn that. Now, if the
behavior is, then from the principle of counseling, you have to
find out why the child is ``misbehaving.'' What is the
underlying issue? Do they have attention deficit, and they
can't concentrate in the classroom? Do they have dyslexia, they
are unable to read? Are they in a math class where they have
severe math disability? Or are they having personal problems?
Research shows that 20 percent of our children have mental
health problems--depression, anxiety, a whole variety of
issues. The issue is you have to find out why the child is
misbehaving and then apply the appropriate treatment. Sometimes
a teacher can be taught how to handle that. Sometimes, as we
heard earlier, the student is beyond the control of the teacher
or the school, and then we have alternatives.
No teacher can help every child, but you find out why. And
I spend a lot of my time in schools or consulting with schools
or kids will refer to me in my teaching practice at my
university, and we find out what is the problem. We do an
intensive investigation of the family, of the individual, their
learning ability, their mental health, physical, and you find
out.
If you find out what the issue is, you can usually devise
the proper classroom. Sometimes they are in their own
classroom, so--but you have to find out why. Before you hit the
child--you shouldn't anyway--but before you react, you have to
find out what is the problem.
The opponents against this will say, ``Well, we don't have
time for that.'' Well, that is your job as a teacher. My job is
to find time to work with my patients coming in and take the
time to deal with the issues. It is leadership, the teacher and
the school, to take the time to find out why this youngster
isn't learning.
Mr. Guthrie. Thanks. I believe my time----
Dr. Greydanus. It is a great question. It is not easy, but
we can work together to do that.
Mr. Guthrie. Okay. Thanks.
Dr. Greydanus. Thank you.
Chairwoman McCarthy. Thank you, Mr. Guthrie.
Ms. Shea-Porter?
Ms. Shea-Porter. Thank you.
And thank you for your testimony today. But before I even
started school, I was afraid of school, because my brothers and
sisters told me that I would get beaten, and they were right. I
was beaten, and I was too afraid to even pick my head up when
we were taking a test or working on anything.
But one day apparently the two kids next to me, who never
got a 100, got a 100, and I had a 100 also, and so they assumed
that I had shared my work. And I remember that day like
yesterday, that we were slapped. We wore cheat hats. We had to
stand in the back. And this does stay in your memory. So I
appreciate very much your being here and sharing the stories
that you know.
So I wanted to ask each one of you a question.
Dr. Greydanus, I appreciate what you are doing, but what is
happening with the pediatric community, with the physicians?
Are they educating parents, telling them that this is something
that they need to watch out for? Are they being advocates? What
exactly is happening in the world of pediatricians, who are
most likely to see or hear, or at least be able to ask a child?
I never told my mother, by the way. My sisters and brothers
and I just told each other. We never told our parents, even
though we had a good relationship with them, because we were
afraid.
Dr. Greydanus. Well, that is a great question. I am also a
member of the American Academy of Pediatrics, and I have done a
lot of work with them. I--a book for them on caring for
teenagers. And the answer is that a lot of education is done
through American Academy of Pediatrics and to the pediatrician.
I am also a pediatric program director. I train students to
become pediatricians. And in our training we spend a lot of
time working with them in schools, and there is a discipline
called the school physician or school pediatrician, where you
actually--our students and the residents will go into the
school, meet with the teachers, meet with the principals, and
establish a dialogue and by their finding out what is going on.
Part of the curriculum is helping not to be a teacher and
educator, but to help the parents and the child work. And I get
constant referrals from kids that are school failures, doing
poorly, who come into my clinic, because that is the type of
work that I do, and I work with my residents, and we help them.
So, yes, I think that the busy pediatrician is aware of
this issue. They counsel parents how to raise kids. We counsel.
If the school asks us, we work with the kids. So I think there
is a lot that we are doing in terms of trying to teach anyone
that will listen--the schools, our kids, the schools
themselves, to help reduce the violence that they are seeing
and also find out--again, the issue is why is the child
misbehaving? And find out a reason. And usually you can find
out why and implement some type of a help. And pediatricians
are aware of this and are certainly trying----
Ms. Shea-Porter. Another point is sometimes the children
aren't misbehaving at all. I mean, those two kids got a 100,
and I got dragged into whatever it was, and I will never know.
Dr. Greydanus. Yes.
Ms. Shea-Porter. But I----
Dr. Greydanus. Many of the court cases that are famous in
this, from the Ingraham one that was mentioned, others that are
in my testimony, had to do with kids giggling in a classroom.
It is also what we train the teachers, we train students,
everybody, is that some ``acting out'' is normal behavior. It
is actually when you become a teenager. In order for you to go
from a child to an adult, many kids go through a phase of some
rebellion, partly because their brain isn't fully developed.
They develop issues with puberty. A lot of things take place,
and they need someone to help them. And some acting out is
simply normal. That is why----
Ms. Shea-Porter. I would hope that they would know that a
lot of kids, as close as they might be to their parents, will
not say anything and that the pediatrician--I think I was,
like, 7 years old--and so, you know, it was a religious order
as well, so they seemed to have flown in from above, and we
were frightened of them.
So it would be very helpful if the pediatrician is included
that in sort of the general, you know, conversation with kids
when they are small, because they feel like they can say it. My
parents were horrified when they found out.
Thank you very much.
And, Ms. Frieler, I wanted to ask you are you having any
problems in your district, because you refuse to use corporal
punishment? Is this something that is catching on, or is the
state generally ignoring what is happening in your district?
Ms. Frieler. I don't have any problems with that. In fact,
our district policy doesn't allow it. You know, we can only use
physical intervention if the student is in danger of harming
themselves or somebody else. But we are not allowed to use
corporal punishment. I am trying to think of an area in
Colorado where it is actually there. I suspect it might be a
rural area, but I know in the major metro areas of Colorado, it
isn't allowed, and there are district policies against it.
Ms. Shea-Porter. Okay.
And I had one last question. Ms. Gilbert, is there some
kind of hotline for teachers? Is there a place where teachers
can call to get some extra assistance, if they really don't
want to identify themselves, but they feel like they are, you
know, often right on the verge of losing control? Is there a
number that they can reach out and feel confident that they can
get some help without actually having to identify themselves?
And would that warrant that?
Ms. Gilbert. No, as of now there is not anything in place
for teachers. We communicate amongst ourselves, but there is no
outlet or hotline to, I guess, to vent or if there was any
issues. No, we don't have that.
Ms. Shea-Porter. Do you think that would be helpful for
those that might not want to talk right away to their peers and
identify themselves?
Ms. Gilbert. I think--identify themselves in terms of
being----
Ms. Shea-Porter. Of just feeling like they are right on the
edge, you know, that they are----
Ms. Gilbert. I think it will be very helpful. I mean, I
think a lot of teachers get burned out easily, because we are
dealing with different issues, and if every district has its
own set of issues, the teachers are beginning to get burned out
a lot easier, a lot quicker. And I think a lot of it has to do
with discipline issues and, you know, other things or whatever.
And I think if there was a sort of hotline, that teachers
could, you know, to speak out for, you know, to vent or
whatever, I think that will be very helpful.
Ms. Shea-Porter. Thank you.
Ms. Gilbert. You are welcome.
Ms. Shea-Porter. I yield back.
Chairwoman McCarthy. Thank you.
I just want to mention that Monday I was in one of my grade
schools, which had started a program a year ago. This committee
deals with childhood nutrition, and some of us have been trying
to push physical education in that. One of the classrooms that
started just about a year ago now, 10 minutes three times a
day, especially in the lower grades, they stand by their desks,
and they do physical activity. With it is a lesson plan on
history or, you know, they pick up rocks, but these are all
exercises.
One of the questions I had to a number of the teachers was
how was the discipline in the classroom. And they said it
changed like night and day. Children have a lot of energy, as
we all know. So there are ways that we can hopefully work
towards the end that would even lessen the stress in the
classroom.
Mr. Platts?
Mr. Platts. Thank you, Madam Chair. And I apologize for my
late arrival.
Very much appreciate each of you being here today and
sharing your oral testimony as well as your written testimony.
I am a parent of a seventh grader and a fifth grader, and
so, Dr. Graydanus, I appreciate your statement that I think you
said some acting out is normal, and we should understand and
appreciate that. I can well attest to that as a parent of two
very active boys, who are great students and very well behaved
most of the time, but they are kids, and we need to understand
that and how we respond at home and in the classroom.
I want to start, Ms. Gilbert. You talked about how you have
kind of turned your classroom around and the school, and your
principal has turned the process around in discipline and wish
you well and understand this coming year is going to be in the
new building.
Ms. Gilbert. 2011--that is the plan.
Mr. Platts. Yes, I hope that goes well. And that has got to
be an exciting time for you as a teacher.
The engagement--one of the things that I didn't see in your
written testimony, and you may have addressed this, but the
engagement of parents. You mentioned that you have a very
transient student population, so I am sure that is harder to
make those connections with parents in that type of setting,
and also single parent homes that you mentioned have a high
percentage.
Is there an organized effort in your building, or is it,
again, just to you as an individual teacher in how to try and
engage parents when you do have a disciplinary issue in
addition to what you do with the student in the classroom, how
you inform or engage a parent to hopefully complement and back
up what you are doing and not erode what you are trying to do?
Ms. Gilbert. Well, as I mentioned, we do have a social
worker, and the social worker has played an intricate role in
trying to get parents involved. There is no set program as of
now, but under the principal and the social worker have worked
together on trying to create programs to get the parents more
involved. Our social worker has visited homes. He has been very
involved with talking to the teachers and kind of giving us
feedback on some different issues that the student may be
facing.
Mr. Platts. Yes.
Ms. Gilbert. And that kind of helps you to, I guess, deal
with the situation a little bit better when you know the
child's background.
Mr. Platts. Yes.
Ms. Gilbert. I really believe in strong parenting, and I
think that, you know, we are falling from that to a certain
degree. The village is no longer in existence. You have a
community school. You have the parents aren't interacting with
teachers in the communities, because a lot of times the
teachers no longer live in the communities in which they teach,
and so there is a disconnect.
You know, a lot of our kids are suffering. They have no
sense of identity, no sense of character. And a lot of that
goes back to if these things were instilled in them, they would
respect themselves a lot better, and that is something that we
are lacking in our schools and in our homes. You know,
education means to bring out something, and you can't bring out
something when there is nothing here. So I think getting
parents involved will be a tremendous difference in what
happens in the schools.
Mr. Platts. I couldn't agree more, and your example of the
young lady that when you empowered her as your aide or, you
know, student aide, and the sense of self-worth that she
obviously took from helping you that she apparently wasn't
getting elsewhere, and especially at home, is a perfect example
of that.
And I think it is one of the challenges of schools today
that all too often you are not just an educator. You are the
disciplinarian. The school is the provider of the meals, health
care, you know, everything. And, you know, that is a tremendous
challenge, so that empowering of students, as you are doing, I
think is key.
Ms. Gilbert. Can I say one more thing?
Mr. Platts. Yes.
Ms. Gilbert. An incident just happened last week. There was
a young lady and a young man in the hallway, and they were both
exchanging profanities towards each other in a playful way.
Typically, you know, that meant them written up and personally
taking them to the office. So I took the young lady and said,
``Young ladies shouldn't respond that way. A young lady
shouldn't use profanity. If you want them to respect you, you
have to first respect yourself.'' And she said, ``Okay,'' you
know.
Well, at the end of the day we were walking out. I was with
the school librarian, and this young lady touched me and she
said, ``You know what? You taught me something today.'' I mean,
I wanted to cry, because that meant more to me than, you know,
writing her up, sending her to the office----
Mr. Platts. Yes.
Ms. Gilbert [continuing]. And having her suspended or
paddled or whatever. And that just happened last week, as a
matter of fact.
Mr. Platts. Well, my youngest sister--I am the fourth of
five, and the fifth of five, my sister Jill, is a teacher, now
social worker in the school for one of my local school
districts. And she is the perfect person, and it sounds like
similar to you. She has a heart of gold, but she won't take
anything from everybody.
And it is finding that balance of when the heart needs to
come through versus, you know, the being a little more stern or
strict in dealing with especially the families and, as you
said, learning the environment from which some of these
children are coming. And they are not learning respect and
discipline at home, and you are helping to do that.
That had to be extremely rewarding to----
Ms. Gilbert. It was.
Mr. Platts [continuing]. End that day.
Madam Chair, if I can squeeze in.
Ms. Pee, your interactions with the school board and
principal and things, obviously, not satisfactory in
interaction. One of the things I am curious whether it ever
came up in your dialog with the school board how to prevent
what happened to your daughter, where you had clearly made your
thoughts known--no, I do not want corporal punishment--
especially after what happened the first time, and yet it
happened.
Did they consider a reverse? You know, now they are
requiring you to send a form in to give that you are okay, that
they have a policy that unless they have a form on hand, they
may not engage in it, so in other words it is not, you know,
you coming in saying, ``Hey, I disapprove,'' but before they
could go and engage in a corporal punishment with a student,
that they would have to say, ``Yes, here is the form. You can
engage in the punishment.''
Ms. Pee. No, actually, what they did was change the policy
of wherein the parent has to physically come to the school and
sign the form stating they cannot receive corporal punishment.
Mr. Platts. So that actually is a positive. It is erring on
the side of no corporal punishment unless a parent makes extra
effort to come in person and--and approve it.
Ms. Pee. And if they do not want their child to receive
corporal punishment. You know I am not sure----
Mr. Platts. The form they sign is saying they do not want
it, so meaning they assume that you can engage in corporal
punishment unless you come to the school and say no.
Ms. Pee. Exactly.
Mr. Platts. So it is the opposite of what it should be, in
my opinion.
Ms. Pee. Exactly. And in my opinion as well.
Mr. Platts. Yes. That is pretty amazing. I would think
especially today with the knowledge we have that they would err
on the side of no corporal punishment unless you proactively
approve it.
Ms. Pee. Yes. It seems they made it harder for those
parents who do not want corporal punishment administered on
their children and made it even harder for those parents to opt
out of corporal punishment.
Mr. Platts. Yes. Sounds like we need to get this panel to
do a road trip and visit your school district----
Ms. Pee. That would be great.
Mr. Platts [continuing]. And share your knowledge.
Ms. Pee. That would be great.
Mr. Platts. I know I am over my time. I want to just thank
you again and especially your written testimony. With being
late for the oral testimony, to have your expertise and
knowledge is very helpful. To all of you and especially in the
scope within the classroom, you know, I think of teaching as a
very high calling.
And I just wrote a note on a letter I signed this morning
back to a constituent, who I never had, but was a teacher at my
high school for 30 years. And the note on it was that I readily
admit that any successes I have had has been attributable to my
parents' upbringing and my education K-12 in that school
district, York suburban.
And so the difference you are making, like that young lady
just last week, will benefit them for the rest of their lives.
So thank you.
Yield back.
Chairwoman McCarthy. Thank you.
Mr. Polis?
Mr. Polis. Thank you, Madam Chair.
This has been a very educational hearing. I was very
dismayed to see on the list that is an exhibit that corporal
punishment U.S. schools, Colorado had eight students that were
beat by their teachers or principals. I certainly hope that
those teachers and principals involved lost their jobs or were
reprimanded or held criminally responsible where appropriate.
But even more shockingly, some states have enormous
numbers--49,000 kids in Texas were beat up at school by their
other teachers or principals, and in Mississippi 38,000, which
is 7.5 percent of the kids in school in Mississippi. So it
seems like this practice of beating up kids in school by
teachers and principals is very widespread in Mississippi. And
this comes as a wake-up call to me. I will certainly be joining
the chairwoman's bill as a co-sponsor.
In my experience in Colorado on the State Board of
Education, I had not heard of this. And this said eight people
in Colorado were beat. Hopefully, those teachers were removed.
But there must be many teachers and principals that are
complicit with this in Texas and Mississippi and Alabama and
Arkansas and Georgia. And they still have their jobs after
beating up kids as a regular thing at school.
I just don't understand it. I mean it is completely
inappropriate, so I hope that we make sure that kids feel safe
at school, wherever they attend in this country, especially
considering that the schools are recipients of federal dollars.
I think that is an important thing to do.
But my question is about, you know, in terms of behavioral
supports, there are many things that schools do to enforce
discipline, the positive behavioral supports, and they are
critical. And in the testimony from Ms. Gilbert, she mentioned
the important role of the school social worker in helping to
improve the climate.
Now, one of the problems we face is that not all schools
have social workers. It has been an area that has been cut
back. And I am wondering if she can elaborate briefly on the
importance of school social psychologists and the school
counselors and improving student behavior and if she has any
specific suggestions that Congress should address in
reauthorizing ESEA.
Ms. Gilbert. I think our social worker, as I mentioned, has
played an intricate role. Many of our schools in the district,
we are fortunate to have a social worker because of funding.
Typically, counselors on a secondary level don't have the time
to counsel our kids, because they are preoccupied with testing
and other paperwork, whereas before, you know, I guess years
ago, their role was different.
So a lot of the kids or children, students, don't have that
outlet. And having a social worker present or a school
psychiatrist has been very--is helpful because it allows the
children or the students to have someone to talk with. And then
that person can also serve as a liaison between the students--I
mean, the teachers as well as the----
I think that if Congress looked at putting more funding
into schools and providing schools with a school psychologist
as well as school social workers, I think a lot of things will
be eliminated. And that is, you know, that is my view on that
for some----
Mr. Polis. I would open it up to the rest of the panel. You
know, again, there is obviously a need. There is a way to do
it, and there is a way not to, and there are many successful
strategies that schools have to deal with positive behavioral
support, providing a safe climate, discipline, et cetera.
What can Congress do in ESEA reauthorization to ensure the
successful implementations of programs in our public schools
that help to improve school safety and promote student well-
being, both physical and mental? What suggestions do you have?
Dr. Greydanus. I can speak on a personal level. One of my
four daughters that I mentioned is an elementary school
teacher, and she was a consultant on one of my papers I wrote
on corporal punishment in schools. And I have had long
conversations with her and other teachers.
And from her and other teachers I have learned that--and
the old expression it takes a village to raise a child--you
can't expect a teacher all by himself, herself, to do
everything. They have to have support. So if Congress, and I
know you are, if the government, and I know the government is
serious about academic success, you have to give the teachers
enough education, but also the supports.
In those school where my daughter Marissa is an elementary
school teacher, they have a social worker. They have a school
counselor, someone who is identified to help. So this
particular year she got a very tough class. She moved into a
new school system, and the other teachers gave her the toughest
kids. And I have had long talks with her. I have been her
personal consultant on this. And first, do not hit them, which
she wouldn't. I didn't hit my kids, and so they have learned
you don't hit.
It is frustrating. It is not easy, but they have a social
worker, they have a school counselor. And then what the teacher
should do is also the principal, hopefully having a supportive
principal, is refer them on for more help. Or the teacher can
call the parent in and say, ``We are having trouble. I don't
know why. We need to find out what is going on.''
I get a lot of referrals, for example, in that regard. So I
think it has to be--and if the school says we do not have the
money, then there needs to be funding. Parents need to get
involved. Most parents that I have talked to, when they
understand that the school needs help, would jump in and
provide help.
So it is a combination of the parent being aware of this,
of the school getting the funding, funding being available. If
we are interested in the academic success of our children, we
have to provide the teachers and principals with the help and
support that they need, both educationally, but also additional
people. Nobody--certainly, a doctor doesn't do his work all by
himself. You have a variety of people that--you have a variety
of help to do your job. They need the same thing.
Thank you.
Mr. Polis. Thank you. Just real quickly, I just find it
remarkable that while many of us here are very concerned
student safety--I have a bill, the Student Nondiscrimination
Act, that helped reduce--against kids--here we have situations
where the teachers and principals are actually beating kids.
And these are supposed to be the staff of the school that helps
protect kids and provides a safe learning environment, and they
are actually perpetrating acts of violence against the kids. So
I truly hope that we here in Congress and the states can do
something about this.
And I yield back.
Chairwoman McCarthy. Thank you.
Mr. Scott?
Mr. Scott. Thank you.
And I want to thank all of our witnesses.
Dr. Greydanus, it seems to me the evidence is so clear that
it is not only not helpful, but actually counterproductive in
terms of behavior modification. Does the research suggests that
if our goal was to increase violence amongst children, that
corporal punishment would be one of the initiatives that we
would----
Dr. Greydanus. Yes, if your purpose is to--not that the
research started out to look at that, but if the research--and
again, there is a vast majority of research. You can always
pick one or two papers apart. You can always take a couple of
papers and say, ``I looked at the students. They are physically
abused. They were hurt in school, and they are okay.'' But the
majority of the literature will suggest that that is not the
case.
And again, what the research very clearly shows is that
these children become very angry, and not just the children who
are hit, but the witnesses. It is witness damage. There was a
wonderful paper done years ago looking at post-traumatic stress
disorder. As a Vietnam veteran, I certainly learned a lot
about, as a doctor, treating people with that.
It is an educationally induced post-traumatic stress
disorder that a number of kids get in this and become more
violent, more angry. Some kids when they get upset, they become
violent. Some become suicidal and kill themselves. There are a
variety of ways that human beings react to very difficult
stress, much like soldiers do, much like the military----
Mr. Scott. But none of them sound like the reaction is very
good.
Dr. Greydanus. The reaction is always negative for their
physical health, their mental health, and certainly their
academic well-being for a lifetime is really poor.
Mr. Scott. We know that all of the witnesses here today
oppose corporal punishment. Normally, in research there is a
concept called peer review. If someone had showed up today to
testify in favor of corporal punishment, what would the
research community say about their testimony?
Dr. Greydanus. They would say that they would look at a
particular study. And I teach my students how to do this,
because it is a good exercise. As a professor, I can take any
study and show you the flaws in the study. So what you have to
do is look at each study is not perfect, but where is it going?
What is it saying?
There are a few studies that will say, ``I looked at these
kids. They had corporal punishment, and I can't find any
harm.'' That is the minority. And when you look at those
studies, they are usually not very well done. So those folks
would say, ``I don't believe that research. I believe the
minority report.'' And you always have that back and forth.
What you have to do is say, ``What do the experts--where do
they fall in line?'' And the American Academy of Pediatrics,
the American Medical Association, and on and on, have said,
``We believe the majority of the literature, which shows very
clearly when you look at it, that these kids are harmed.''
Mr. Scott. Now, Ms. Gilbert, you mentioned the concept of
positive--excuse me--positive reinforcement. How does that
compare to punishment as a strategy to change behavior?
Ms. Gilbert. Well, positive reinforcement, you are
punishing a child, but typically with positive reinforcement,
the one thing I have done, you know, you talk to the child. Why
are you being punished? Have them articulate why they are being
punished. There has to be discipline, and oftentimes there is
discipline.
But to me, in my opinion, if you change that discipline and
change it into something positive, start highlighting the
child's strengths--``Well, you maybe talk in class, but you are
also good at this''--and take something away from them, but at
the same time, you give them something that is going to improve
their learning or improve their behavior.
Mr. Scott. In terms of behavior modification, when you
catch them doing something good and reinforce that, are they
more likely do that again? Are they more likely to continue in
that good practice?
Ms. Gilbert. Right.
Mr. Scott. Dr. Greydanus, there is a concept of primary
prevention. How does that fit into this discussion?
Dr. Greydanus. Well, the issue, I think, in terms of
avoiding prevention, violence, is to prevent the issue in the
first place, to surround a child with minimal violence in their
life, whether it be in the school, the classroom.
As a pediatrician, we teach our residents, and we work with
our pediatricians to look at the preventive side. It is very
hard to take the child who has been physically, mentally
traumatized and has reacted in a very negative way, and then
turn around and fix this in a quick manner. And some of these
kids are literally traumatized for life. So the way to start is
as early as possible in trying to surround that individual with
as much nonviolence as possible.
Now, we are a violent world, violent society. That is not
easy. But the school should always be a beacon, so starting
with kindergarten, teachers, principals, with other people
helping them, working with these kids. If they start acting up
in kindergarten, first, second grade, refer them and find out
what is the problem. We surround them with prevention. That is
very important. Don't wait until they are eighth, ninth, tenth,
eleventh grades and they have been witnessing this for a long
time.
The other thing is you can protect the witnesses. As I said
earlier, that if you witness violence, that can be very
traumatic to one as well, so by preventing the violence in the
school system to these individuals, you are also preventing the
trauma of the witnesses. You are preventing that ongoing mental
health issues that sometimes you can't see the negative effects
on a particular student, but the witnesses are having problems,
because human personality can sometimes react in different
ways. So prevention is very important.
Mr. Scott. And if you do a good job with primary
prevention, would you also not only reduce crime, but also
dropouts, teen pregnancy, and other negative outcomes?
Dr. Greydanus. I think that, along with many other factors,
because when the child goes through several years of corporal
punishment and now they are in junior high, elementary school,
you have an additional issue, and it is called puberty. You
have hormones increasing. You have this drive to be
independent. You have this drive somewhat to be rebellious in
some kids, which society has complained about for thousands of
years.
And so when you come into your puberty years angry, upset,
abused, it is just like a fire, and then you are adding
gasoline to the fire, and it blows up in a variety of negative
ways in terms of not just school dropout, but kids, what do you
do when you drop out of school? These kids get more to drug
abuse than others. They get more into crime. Many of these kids
end up in a juvenile home, juvenile courts, jails, and so
forth.
So it is like setting a pebble in a pond. It just spreads.
The idea is to keep the pebble from hitting the pond, and the
good you would do over this century will be enormous.
Mr. Scott. Could you talk about the importance of
extracurricular activities? Are they important in helping
modify behavior, Ms. Gilbert?
Ms. Gilbert. Well, when I first started teaching at my
school, there was very low student morale. We had a football
team, but it was not--they were losing, and the band didn't
have uniforms and everything, so our--we are under new
administration, and so the school band received new uniforms.
And more people started going out for the football team,
and the school morale began to change, because the students
that may have been in the streets, that may have caused
problems, they had a sense of ownership. They had something
that they felt important for. They were able to play football.
The football team started winning.
The band started winning competitions, and the students
very proud because they had new uniforms, and they could be
proud of their uniforms. They could go out and perform in front
of other schools.
And I think that having that outlet, you know, keeping our
kids off of the streets, because typically when a child goes
home, the parent is not there, and it leaves more room to get
involved with unnecessary issues, whether it is illegal or, you
know, illegal or whatever. I think that that has been very
helpful in my situation just with other extracurricular
activity for the students, you know, to do.
Ms. Frieler?
Ms. Frieler. I would concur with that. I think that the
whole issue is establishing a positive culture and climate, is
getting kids to feel like they are part of the school and that
school is a part of them. And the ownership piece comes in the
classroom, yes, but it also comes with the extracurricular
activities and feeling proud about your school and wanting to
represent your school in a positive manner.
I think coaches are integral in that. A good coach can
establish that kind of a feeling and that pride that a kid has
in their school and how to represent their schools in that way.
And once you have that pride and you have that culture and
climate, the chances of having serious discipline infractions
diminishes. Kids come to school because they feel good about
being there. They want to represent their school in a positive
light in the community as well. It has ripple effects
throughout.
Dr. Greydanus. And let me just add to that if the child can
go to school and find a teacher who is kind to them, even if
they are in a negative environment for whatever reason, if they
can have a teacher who values them as a human being, if they
have a coach who says you are special, if they have a school
counselor or social worker, even if they are in a violent other
area, that add so much.
Let me give you an example, if you forgive me, from my
Vietnam days. I remember being a physician on our warships, and
I would counsel kids that were 18, 19 years of age in a war
situation, and they would be very upset. And I found it very
helpful to them to say to them, ``You know how much this
government cares for you? It cares for you, because it put you
with captains who are very well trained, officers who are well
trained. They put you, yes, in potential harm's way, but they
surrounded you with people who care about you. They even care
about you. They take somebody like me, a physician, who was in
a private world, pluck me out of some training, and put me here
to be at your beckon call 24 hours away. This government and we
care so much about you. I am here, the officers are here, and
we are protecting you. We are helping you.''
And that sense of protection, which the school, the
teachers, the coach, the principal, can surround somebody, even
if the rest of your world is negative, will have positive
effects, that pond effect, for the rest of their lives. It is a
beautiful thing to see, and I am sure everyone in this room has
had a teacher who made them feel comfortable and make them feel
happy and said, ``You are special, and you can accomplish
something in the world.'' And that is what sometimes is
missing. If you hit them, it doesn't work.
Mr. Scott. And so how does corporal punishment fit into
that concept?
Dr. Greydanus. I think because it doesn't. You can't say
you are a special human being, but I have to make you more
special. I will hit you. It doesn't work. Some people believe
that, but it makes the thing worse.
Once you hit someone, you are physically abusive. Whether
it is the husband to the wife or vice versa or it is somebody
in authority over you, you have destroyed that whole
relationship. And it will take sometimes years, a lifetime to
recover from that. It is truly abusive. And as we all agree, it
must be stopped. And if the local districts, states, people
won't stop it, you have to step in and do it, and you have that
power to do that.
Thank you.
Ms. Pee. May I respond?
One thing that I see in the South where--in Mississippi,
where this has happened with my daughter, and I know other
Southern states, sports are really a big thing, and sports are
a good thing to keep children busy and focused and something to
give them pride in.
But sometimes administrators, schools and teachers will use
corporal punishment as a way to keep that child playing in that
game. If they do something wrong and they can have corporal
punishment or they can have in-school suspension, if they have
in-school suspension, they are not allowed to play in that
game. If they receive corporal punishment, then they can go
play in that game that night.
And we found in the school that they are giving children
the choice. They are asking the children, ``Would you prefer
one or two licks, or do you want to go to ISS for 2 days?'' And
I don't believe that should be a child's--that should not be a
child's choice. They don't have the maturity level to make such
choices.
Chairwoman McCarthy. I want to thank you all for your
testimony. I am going to be closing the hearing, but if there
is anyone on the panel that feels they need to add something or
something that maybe we haven't covered, we haven't talked
about, now is your time to speak up.
Ms. Frieler. I would just like to say I am a parent of two
children, and my kids know that I have 2,100 kids. And those
are the kids in my school. And every day I walk into that
school, I treat them as I would treat my own children. Parents
send us their very best, and our job isn't to punish for the
sake of punishment. It is to have discipline being a learning
experience, and the ultimate goal of that is that they don't do
the same thing again, they learn from that.
The critical piece in school is to develop that climate and
culture so that that doesn't happen. And eventually when that
works, the kids take care of it themselves. You will hear kids
in the hall saying, ``Hey, we don't do that here.'' And they
will help you with it.
And if you want to turn a school around, you talk to the
kids and you work with the kids, because eventually the kids,
they do have that pride in their school. They want to go to a
place that is safe. They want to go to a place where learning
takes place, and they will help you do it.
And, you know, I don't have to go to work today. I get--or
I don't have to go to work every day. I get to go to work. And
it is a great place to be. It is a great place to work with
kids, and I think if we can focus on the positive in schools
and take out that punitive piece of corporal punishment, we
will be a lot better with schools.
Chairwoman McCarthy. Well, I want to thank everybody here.
Again, for the first time since 1992, this committee has heard
testimony on this very important issue. Our witnesses have told
us why paddling in schools is not an effective method of
discipline and how it has a negative effect on academic
success. Our witnesses have given us real world examples of the
problems surrounding paddling in schools, and also the
solutions and better practices.
As I stated earlier, I am planning on introducing a bill
that would address this issue very soon, and I look forward to
working with my colleagues here on it.
I want to thank all our witnesses for being here today.
We have had a great deal of interest in this hearing, and
several groups have asked to submit testimony for the record.
Without objection, I would like to introduce testimony from the
NEA, the PTA, the ACLU, ``The School Psychologist,'' and NAESP,
Women's Law Center, Dignity in Schools, a group which consists
of 42 organizations and 31 individuals, including 15
organizations from states that allow corporal punishment, and
the Secular Coalition for America. Without objection, I will
submit this for the record.
[The information follows:]
Prepared Statement of the American Academy of Pediatrics
The American Academy of Pediatrics (AAP), a non-profit professional
organization of 60,000 primary care pediatricians, pediatric medical
sub-specialists, and pediatric surgical specialists dedicated to the
health, safety, and well-being of infants, children, adolescents, and
young adults, appreciates this opportunity to submit testimony for the
record for the April 15, 2010 hearing of the House Education and Labor
Subcommittee on Healthy Families and Communities, entitled ``Corporal
Punishment in Schools and its Effect on Academic Success.''
The American Academy of Pediatrics is unequivocally opposed to the
use of corporal punishment in schools and recommends that it be
abolished by law in every state. According to the Department of
Education, hundreds of thousands of children are subjected to corporal
punishment in public schools each year, and racial minorities and
children with disabilities are subjected to corporal punishment at
disproportionally high rates.\1\ Corporal punishment includes, but is
not limited to, a wide variety of methods of punishment, including
hitting, spanking, kicking, shaking, shoving, use of various objects
(wood paddles, belts, sticks), painful body postures (i.e. placing in
closed spaces), and use of excessive exercise drills. Corporal
punishment has already been abolished in almost all juvenile correction
facilities in the United States, and yet it continues to be a common
practice in elementary, middle and high schools across the country.\2\
---------------------------------------------------------------------------
\1\ 1976-2004 Elementary and Secondary Schools Survey. Washington,
DC: Office of Civil Rights, US Department of Education.
\2\ American Correctional Association, ``Standards for Juvenile
Correctional Facilities,'' 3-JTS-3A-31, February 2003
---------------------------------------------------------------------------
Corporal punishment can cause immediate physical pain, as well as
lasting injuries, including muscle damage, abrasions, lacerations,
whiplash injury, serious hematomas, broken bones and other injuries
that may require hospitalization.\3\ In addition, corporal punishment
can result in increased behavioral problems and mental distress as
children are humiliated and degraded in front of their peers. Victims
of corporal punishment have been shown to experience increased anger,
outbursts of aggression, difficulty with concentration, lowered school
achievement, and other negative behaviors.\4\ For some children,
corporal punishment in school may continue a cycle of similar
punishment at home that contributes to an overall increase in
aggressiveness in the child.
---------------------------------------------------------------------------
\3\ Cryan JR. The banning of corporal punishment in child care,
school and other educative settings in the United States. Child Educ.
1987; 63:146-153.
\4\ Dubanoski RA, Inaba M, Gerkewicz BA. Corporal punishment in
schools (Myths, problems, and alternatives). Child Abuse Negl.
1983;7:271--278.
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Studies have unambiguously shown that corporal punishment is an
ineffective method of discipline and no evidence exists that such
punishment leads to better control in the classroom.\5\ Other
behavioral interventions that utilize positive reinforcement techniques
and reward appropriate behavior are more effective and have longer
lasting impacts than corporal punishment.\6\ Teachers and school
administrators should be supported in receiving as much training as
possible to augment their efforts to maintain effective classroom
control without the use of corporal punishment.
---------------------------------------------------------------------------
\5\ Moelis CS. Banning corporal punishment (A crucial step toward
preventing child abuse). Child Legal Rights J. 1988;9:2--5.
\6\ Gainer PS, Webster SW, Champion HR. A youth violence prevention
program: Description and preliminary evaluation. Arch Surg 1993;
128:303-8.
---------------------------------------------------------------------------
The attached AAP policy statement, ``Corporal Punishment in
Schools,'' provides further detail and support for our recommendation
of abolishing corporal punishment in all schools. The AAP commends the
Subcommittee for holding this hearing and drawing more attention to the
emotionally and physically damaging practice of corporal punishment.
The American Academy of Pediatrics appreciates this opportunity to
submit testimony for the record. If the AAP may be of further
assistance, please contact Cindy Pellegrini or Dan Gage in our
Washington, D.C. office at 202/347-8600.
______
AMERICAN ACADEMY OF PEDIATRICS
Committee on School Health
Corporal Punishment in Schools
abstract. The American Academy of Pediatrics recommends that
corporal punishment in schools be abolished in all states by law and
that alternative forms of student behavior management be used.
It is estimated that corporal punishment is administered between 1
and 2 million times a year in schools in the United States.\1\
Increasingly, states are abolishing corporal punishment as a means of
discipline, but statutes in some states still allow school officials to
use this form of discipline.\2-4\
The American Academy of Pediatrics believes that corporal
punishment may affect adversely a student's self-image and school
achievement and that it may contribute to disruptive and violent
student behavior.\1,5-7\ Alternative methods of behavioral management
have proved more effective than corporal punishment and are
specifically described in the reference articles.\5-7\ Physical force
or constraint by a school official may be required in a limited number
of carefully selected circumstances to protect students and staff from
physical injury, to disarm a student, or to prevent property damage.
The American Academy of Pediatrics urges parents, educators, school
administrators, school board members, legislators, and others to seek
the legal prohibition by all states of corporal punishment in schools
and to encourage the use of alternative methods of managing student
behavior.
Committee on School Health, 1999-2000
Howard L. Taras, MD, Chairperson,
David A. Cimino, MD; Jane W. McGrath, MD; Robert D. Murray,
MD.
The recommendations in this statement do not indicate an exclusive
course of treatment or serve as a standard of medical care. Variations,
taking into account individual circumstances, may be appropriate.
PEDIATRICS (ISSN 0031 4005). Copyright (c) 2000 by the American Academy
of Pediatrics.
Wayne A. Yankus, MD; Thomas L. Young, MD.
Liaisons
Evan Pattishall III, MD American School Health Association Missy
Fleming, PhD American Medical Association
Maureen Glendon, RNCS, MSN, CRNP National Association of Pediatric
Nurse Associates and Practitioners
Lois Harrison-Jones, EdD American Association of School Administrators
Linda Wolfe, RN, BSN, MEd, CSN National Association of School Nurses
Jerald L. Newberry, MEd National Education Association, Health
Information Network
Mary Vernon, MD, MPH Centers for Disease Control and Prevention
Consultant
Paula Duncan, MD
Staff
Su Li, MPA
endnotes
\1\ 1986--1987 Elementary and Secondary Schools Civil Rights
Survey, National Summary of Projected Data. Washington, DC: Office of
Civil Rights, US Department of Education; 1987
\2\ The National Center for the Study of Corporal Punishment and
Alternatives. States Which Have Abolished Corporal Punishment as a
Means of Discipline in the Schools. Philadelphia, PA: Temple
University; 1994
\3\ Dolins JC, Christoffel KK. Reducing violent injuries:
priorities for pediatrician advocacy. Pediatrics. 1994;94:638--651
\4\ 1990 Elementary Secondary School Civil Rights Survey, National
State Summary of Projected Data. Washington, DC: Office of Civil
Rights, US Department of Education; 1992
\5\ Poole SR, Ushkow MC, Nader PR, et al. The role of the
pediatrician in abolishing corporal punishment in schools. Pediatrics.
1991;88:162--176
\6\ Hyman IA, Wise JH, eds. Corporal Punishment in American
Education: Readings in History, Practice and Alternatives.
Philadelphia, PA: Temple University Press; 1979
\7\ Hyman HA, McDowell E, Raines B. In: Wise JH, ed. Proceedings:
Conference on Corporal Punishment in the Schools: A National Debate.
Washington, DC: National Institute of Education; 1977
______
Prepared Statement of the Dignity in Schools Campaign
Dear Chairwoman McCarthy, Ranking Member Platts, and Subcommittee
Members: We, the undersigned parents, students, educators, researchers,
and civil rights and educational organizations, support your effort to
address the important issues to be raised in the upcoming hearing,
``Corporal Punishment in Schools and its Effect on Academic Success.''
We urge the Subcommittee on Healthy Families and Communities, in
reauthorizing the Elementary and Secondary Education Act (ESEA), to
devote serious attention to the impact that corporal punishment and
school discipline have on the health and academic success of our
nation's students and schools.
Maintaining a safe and healthy instructional climate is a critical
responsibility of schools in the 21st century. Student behavior and
academic achievement are inseparable, and safer schools are higher
achieving schools. Unfortunately, many schools rely only on physical
punishment and exclusionary practices--suspension, expulsion, and
arrest--to maintain discipline and safety. Rather than contribute to a
better learning environment, these practices can make matters worse for
the health and success of our schools and the students in them.
Currently, twenty states allow corporal punishment in schools
(``corporal punishment states''). A comparison of the academic results
of these states against the rest of the country suggests that corporal
punishment negatively impacts academic success. None of the corporal
punishment states scored in the top twenty percent in 8th grade
performance on the National Assessment of Educational Progress (NAEP).
Yet sixty percent of the corporal punishment states scored below
average or worse in 8th grade performance on the NAEP. Two-thirds of
states that do not allow corporal punishment in schools had graduation
rates above the national average in 2004, while 57% of corporal
punishment states had graduation rates below the national average that
year.
The use of corporal punishment in schools appears to damage the
bonds between students and educators, further harming students'
academic potential. The Society for Adolescent Medicine has found that
victims of corporal punishment often develop deteriorating peer
relationships, difficulty with concentration, lowered school
achievement, antisocial behavior, intense dislike of authority, a
tendency for school avoidance and school drop-out, and other evidence
of negative high-risk adolescent behavior. In many states, children
receive greater protections against the use of corporal punishment in
juvenile detention facilities than they do in their schools. The use of
corporal punishment in schools is interfering with students' right to
be treated with dignity and, as a result, is interfering with their
right to a quality education.
In reviewing the effects of corporal punishment on academic
success, we urge the Subcommittee to explore the ties between academic
achievement and exclusionary discipline as well. While none question
the need to keep schools safe, educators, researchers, and communities
are questioning the efficacy of exclusionary practices such as
suspensions, expulsions, and school-based arrests. Each year, over
three million students are suspended and over 100,000 are expelled
nationally. As Secretary Arne Duncan warned in his recent remarks in
Selma, Alabama, the overuse of exclusionary practices on students of
color and students with disabilities is particularly disconcerting.
Media reports abound with stories of even our youngest students being
expelled or arrested for what was once considered youthful misbehavior.
According to the American Psychological Association, the use of
exclusionary practices does not improve behavior, but can instead
increase the likelihood that students will fall behind academically,
have future behavior problems, drop out of school, and become involved
in the juvenile or criminal justice system. Exclusionary discipline
affects not only the student being disciplined, but the health and
success of the school as a whole: schools with high suspension rates
score lower on state accountability tests, even when adjusting for
demographic differences.
We urge the committee to take note that there are proven, cost-
effective alternatives to corporal punishment and exclusion. Many US
schools are implementing Positive Behavioral Interventions and Supports
(PBIS), an approach that--as described in the Positive Behavior for
Safe and Effective Schools Act (H.R. 2597)--is linked to greater
academic achievement, significantly fewer disciplinary referrals,
increased instruction time, and staff perception of a safer learning
environment. Similar improvements to school climate result from
complementary approaches like restorative practices and school offense
protocols.
We applaud the Subcommittee's efforts to better understand the
impact of corporal punishment on academic success. We urge the
Subcommittee to undertake a similar review of the ties between academic
achievement and the use of suspension, expulsion, and school-based
arrests (we have attached the Dignity in Schools Campaign's
recommendations to the House Committee on Education and Labor to that
effect). School discipline should be used to maintain the health and
productivity of the learning environment for students and teachers
alike. When disciplinary practices interfere with academic success,
they interfere with the bold goals this Subcommittee has for the
futures of our children. In reauthorizing the ESEA, we urge you to
address the harms these practices can cause to the health and academic
success of our students and schools.
Sincerely,
The Dignity in Schools Campaign
and the following organizations and individuals:
Activists with a Purpose Plus (Grenada, MS)
Alpha Phi Fraternity, Inc., Eta Lambda Chapter (Atlanta, GA)
Alpha Phi Fraternity, Inc., Rho Kappa Lambda Chapter (Gwinnett Co., GA)
Alpha Phi Fraternity, Inc., Rho Sigma Lambda Chapter (Henry Co., GA)
American Civil Liberties Union (ACLU)
Bazelon Center for Mental Health Law Center for Effective Discipline
Charles Hamilton Houston Institute for Race & Justice at Harvard Law
School
Children & Family Justice Center, Bluhm Legal Clinic, Northwestern
University School of Law
Coalition for Positive Behavioral Interventions & Supports
Concerned Citizens for a Better Greenville (Greenville, MS)
Connecticut Legal Services, Inc.
Disability Law Center of Massachusetts
Education Law Center (Newark, NJ)
Educators for Social Responsibility
Gwinnett Parent Coalition to Dismantle the School to Prison Pipeline
(Gwinnett Co., GA)
International Institute for Restorative Practices
Justice4Children
Law Office of Piper A. Paul, LLC (Westport, CT)
Legal Services for Children (San Francisco, CA)
Louisiana Developmental Disabilities Council
Malcolm X Center for Self Determination (Greenville, SC)
Mental Health Advocacy Services, Inc. (Los Angeles, CA)
Mississippi Coalition for Citizens with Disabilities
Mississippi Delta Catalyst Roundtable
Multiethnic Advocates for Cultural Competence
NAACP Legal Defense & Educational Fund, Inc.
National Disability Rights Network
National Economic and Social Rights Initiative (NESRI)
National Women's Law Center
Parents Against Spanking Association
Parents United Together of Mississippi
Physicians for Social Responsibility (Sacramento, Ca)
Public Counsel (Los Angeles, CA)
Public Science Project (New York, NY)
Restorative Schools Vision Project (Sacramento, CA)
RKH Law Office (Los Angeles, CA)
South Carolina Appleseed Justice Center
South Carolina Autism Society
Southern Echo, Inc. (Jackson, MS)
Southern Poverty Law Center
Therapists for Social Responsibility (Sacramento, CA)
The following individuals are listed with their affiliations for
identification purposes only:
Theresa Baradine, Parent
Deborah Barclay
William Bronston, MD
Jeanie Calenoff, Parent of a Special Needs Child
Barbara Corkrey, Attorney, Legal Aid Foundation of Los Angeles
Edith M. Cornet
Lisa Cowen
Kimberly Coffman, LMSW, Social Worker and Mother of an Autistic Child
Sheree Janelle Davenport, Mother of an Autistic Child
Anna Donnelly
Michelle Fine, Distinguished Professor, the Graduate Center of the City
University of New York
John Gardner, Educational Consultant
Maria Hantzopoulos, Assistant Professor, Vassar College
Judge Brian Huff, Juvenile Court, Birmingham, Alabama
Rubina Johnson, Advocate
Veronika Kot, Parent
Monica Llorente, Advocate
Patrice Neal, PhD, FPG Child Development Institute, University of North
Carolina--Chapel Hill
Gaylon James Nettles, Esq., Attorney
David Nylund, LCSW, PhD, Associate Professor of Social Work, Sacramento
State University
John M. Palladino, PhD, Associate Professor, Deparment of Special
Education, Eastern Michigan University
Nancy Polin, Concerned Parent
Heather Price, Educational Researcher, University of Notre Dame
Karolyn Renard, Attorney at Law, Advocate for Children with
Disabilities
Augustina Reyes, Professor, College of Education, University of Houston
Marlene Sallo, Esq., Advocate
Therese Sandomierski, M.A.
Sally Sommer, Retired Teacher, Oakland Unified School District
Jeffrey Sprague, Ph.D., Co-Director, Univ. Oregon Inst. on Violence and
Destructive Behavior
Julie K. Waterstone, Southwestern Law School
George E. Worley, Parent and Children's Advocate
Contact:
Matthew Cregor Safe Schools Strategist NAACP Legal Defense and
Educational Fund, Inc. For the Dignity in Schools Campaign 646-515-5284
[email protected]
______
Prepared Statement of Sean Faircloth, Executive Director,
Secular Coalition for America
Thank you Chairwoman McCarthy and the other members of the
Committee for this opportunity to submit written testimony as you
consider whether or not to ban corporal punishment in private
educational institutions.
The Secular Coalition for America is the leading organization
promoting the viewpoints of nontheistic Americans and their federal
policy concerns. Headquartered in Washington D.C., and founded in 2005,
our mission is to increase the visibility of and respect for nontheists
in the United States, and to protect and strengthen the secular
character of our government as the best guarantee of freedom for all
Americans. The Secular Coalition for America submits that if Congress
decides that corporal punishment must be restricted, that principle
must apply to religious schools exactly as it does to secular schools.
States have a duty to protect children from violence in schools equally
The Supreme Court has said that because of the ``high
responsibility for education of its citizens, [a state] may impose
reasonable regulations for the control and duration of basic
education.'' \1\ The state's interest in an informed and self-
sufficient citizenry capable of participating in a democratic society
is generally cited to support the regulation of private schools.\2\ In
2009, 10.5% of all elementary and secondary students in America were
enrolled in a private school.\3\
---------------------------------------------------------------------------
\1\ Wisconsin v. Yoder, 406 U.S. 205, 213 (1972). See also Board of
Ed. of Cent. Sch. Dist. No.1 v. Allen, 392 U.S. 236, 246-247 (1968).
\2\ Yoder at 221; Kentucky State Board v. Rudasill, 589 S.W.2d 877,
883 (1979).
\3\ Snyder, Thomas D., Hoffman, Charlene M. Digest of Education
Statistics 2008. NCES 2010-013, Washington, DC: United States
Department of Education, Office of Educational Research and
Improvement.
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The state's interest in protecting children from the dangers
associated with corporal punishment could not be met if some schools
were exempted from the law. This is particularly true considering many
influential Christian leaders such as Focus on the Family's James
Dobson advocate that corporal punishment be used in both schools and
homes.\4\ Exempting religious private schools from a ban on corporal
punishment would mean that the government is authorizing the use of
physical violence as a form of punishment for children for a specific
set of children. Children in religious schools are no less human--and
no less equal citizens--than children anywhere else.
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\4\ Dobson, James C. (1996). The New Dare to Discipline. Tyndale
House Publishing.
---------------------------------------------------------------------------
Exempting religious private schools from a ban on corporal
punishment violates the principle of equal protection under the law.
Excluding religious schools from any school regulations intended to
guarantee a high-quality education or to protect children from harm
impinges upon most basic right of children in these schools--the right
to equality. If the state's goal is to protect children from harm
resulting from corporal punishment, then there is no less restrictive
way to protect children other than banning corporal punishment in all
private and public schools. Children in private schools deserve the
same protections as children in public schools.
Not all states apply uniform corporal punishment bans
Both New Jersey\5\ and Iowa\6\ have specifically outlawed corporal
punishment in both private and public schools. Alaska, California,
Illinois, Michigan, Nevada, New York, Utah and Washington allow
corporal punishment in private schools even though they are banned in
public schools. Allowing corporal punishment in private schools,
despite state corporal punishment bans in public schools, unfairly
privileges religious institutions over secular institutions and
unconstitutionally entangles church and state--while violating the
basic human rights of a distinct group of children.
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\5\ N.J. Rev. Stat. Sec. 18A:6-1.
\6\ IOWA CODE Sec. 280.21
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Religious beliefs are no excuse for using corporal punishment
The Free Exercise Clause of the First Amendment provides great
protection for religious beliefs and speech. The courts, however, have
always drawn a distinction between religious beliefs and religiously-
motivated conduct. While the freedom to believe is absolute, the Free
Exercise Clause does not mandate that religiously-motivated conduct
must be free from law. Moreover, the ``conduct'' involved here is
hurting another human being, a child no less. What a person chooses for
their own body is far different from a policy that permits harm to
another essentially defenseless human being. As the Supreme Court has
said, ``neither the rights of religion nor the rights of parenthood are
beyond limitation'' and the Free Exercise clause cannot be used to
justify placing children in harm's way.\7\ In the case of corporal
punishment in schools, the state has a compelling interest in ending
corporal punishment in schools and protecting children from these
practices. Numerous studies have shown that corporal punishment may
trigger criminal, anti-social, violent, aggressive behavior later in
life. If Congress gives credence to such studies, then they are no less
credible when the results of those studies apply to religious schools.
---------------------------------------------------------------------------
\7\ Prince v. Massachusetts, U.S. Supreme Court, 1943
---------------------------------------------------------------------------
Moreover, international regulatory bodies agree that religious
values are no excuse for performing corporal punishment. The United
Nations Committee on the Rights of the Child has made clear that
religious values should not condone the use of corporal punishment.
``Some raise faith-based justifications for corporal punishment,
suggesting that certain interpretations of religious texts not only
justify its use, but provide a duty to use it. Freedom of religious
belief is upheld for everyone in the International Covenant on Civil
and Political Rights (Art. 18), but practice of a religion or belief
must be consistent with respect for others' human dignity and physical
integrity. Freedom to practice one's religion or belief may be
legitimately limited in order to protect the fundamental rights and
freedoms of others.'' \8\
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\8\ UN Committee on the Rights of the Child (CRC), UN Committee on
the Rights of the Child: General Comment No. 8, Para 29.
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Corporal punishment ban must also apply to private religious schools
The Secular Coalition for America opposes the use of government
funds for religious purposes, including funding for religious schools.
We agree with the founders of the United States that no individual
taxpayer should be required to pay for the propagation of another's
religion. If private religious schools are to be funded with taxpayer
dollars, then students attending religious schools should be protected
to the same extent as their public school counterparts.
We are faced with a fundamentally moral issue. If corporal
punishment of children is wrong, it is just as wrong in a religious
school. We encourage people of all faiths to join their secular
neighbors in asking that we as a country do what is right for children
uniformly and without exception.
______
Chairwoman McCarthy. As previously so ordered, our members
will have 14 days to submit additional materials for the
hearing record. Any member who wishes to submit follow-up
questions in writing to our witnesses should coordinate with
the majority staff within the requested time.
Without objection, this hearing is adjourned. Thank you.
[Questions submitted for the record and their responses
follow:]
U.S. Congress,
[Via Facsimile],
Washington, DC, April 27, 2010.
[The following correspondence was sent to each witness]
Dear [Witness]:
Thank you for testifying at the Subcommittee on Healthy Families
and Communities hearing on, ``Corporal Punishment in Schools and its
Effect on Academic Success,'' on April 15, 2010.
Committee Members have additional questions for which they would
like written responses from you for the hearing record.
Representative Robert C. ``Bobby'' Scott (D-VA) has asked that you
respond in writing to the following questions:
1. Corporal punishment is considered a violation of human rights
law under several international treaties including two which the US.
has ratified. Therefore, are we in violation of human rights laws by
continuing to permit corporal punishment in our education system?
2. Does professional development for alternative behavior
modification techniques for teachers and principals reduce corporal
punishment in schools?
Please send an electronic version of your written response to the
questions to the Committee staff by close of business on April 29,
2010. If you have any questions, please do not hesitate to contact the
Committee.
Sincerely,
George Miller, Chairman.
______
Responses to Mr. Scott's Questions From Ms. Frieler
1. Corporal punishment is considered a violation of human rights
law under several international treaties including two which the US.
has ratified. Therefore, are we in violation of human rights laws by
continuing to permit corporal punishment in our education system?
In my opinion, yes. When dealing with young, impressionable
students, corporal punishment does not change behavior. It is not an
intervention that serves students, it is a consequence which may
satisfy the adult's need for expediency but will not change a behavior.
Students who experience corporal punishment also experience fear, lack
of trust and possibly, injury. Obviously, those feelings are not
conducive to educating students. If, adults are protected from corporal
punishment from others, our children should be as well.
2. Does professional development for alternative behavior
modification techniques for teachers and principals reduce corporal
punishment in schools?
Yes. What is most effective is a counseling type model, one where
the administration and faculty work together to create a system of
consequences designed to help students learn proper comportment. This
system must then be communicated with students and families and
monitored continually. When there is a discipline situation, we must
follow state laws and district policies. Although there may be actual
programs that provide professional development for alternative behavior
modification techniques, discipline is also very personal and each
student is an individual and must be treated as so. This does not mean
that each consequence should be different however. Continuity between
those in the school who do the discipline is imperative to the student
perception that things are handled fairly and that no one student
receives special treatment. Administrators work with teachers to find a
resolution to a discipline problem that addresses the severity of the
situation as well as one that maintains the dignity of everyone
involved. It is imperative that reactions and decisions are not made
based on anger. Many times student misbehavior happens as a result of
some external situation that an educator may not even be aware of. A
counseling model where the family is involved and things are clearly
explained is most effective. Developing a relationship with students
and their families is critical when dealing with discipline situations.
Once you understand the root cause for the behavior, you can provide a
discipline consequence that is fair and will achieve the goal of
teaching the student alternate ways of handling things so the behavior
does not continue.
______
Responses to Mr. Scott's Questions From Ms. Gilbert
Corporal punishment is considered a violation of human rights law
under several international treaties including two which the U.S. has
ratified. Therefore, are we in violation of human rights laws by
continuing to permit corporal punishment in our education system?
I do feel that corporal punishment is a violation of human rights
in public schools. However, there has to be parameters set, to avoid
the risk of ``all'' discipline in public school being considered a
violation of human rights. As stated in my testimony, permitting
corporal punishment in public schools, is nothing more than ``sweeping
dirt under the rug, the problem(s) still exist, it's just being covered
up.''
Does professional development for alternative behavior modification
techniques for teachers and principals reduce corporal punishment in
schools?
Yes, professional development for alternative behavior modification
techniques for teachers and principals does reduce corporal punishment
in schools. Based on my personal experience as a high school teacher, I
would not have been successful in handling classroom discipline had I
not taken advantage of programs such as ``Managing Anti-Social
Behaviors'' (professional development provided my the American
Federation of Teachers through Education Research and Dissemination).
This program opened my eyes to new and innovative ways of handling
class room discipline without the use of harsh punishment by the
administration.
______
Responses to Mr. Scott's Questions From Ms. Pee
Thank you again for the opportunity to testify before the Healthy
Families and Communities Subcommittee on the critical issue of banning
corporal punishment in our public schools. Below are my responses to
Mr. Scott's follow-up questions to me.
1. Corporal punishment is considered a violation of human rights
law under several international treaties including two which the US has
ratified. Therefore, are we in violation of human rights laws by
continuing to permit corporal punishment in our education system?
While I am not a lawyer or well-versed in international human
rights law, I do know that the use of corporal punishment in schools
interferes with students' right to dignity and, as a result, is
interfering with their right to a quality education. I have learned
that educational experts have concluded that the use of corporal
punishment interferes with learning, encourages children to drop out of
school, and generally undermines the purposes of education as
understood in international human rights law.
The story of my daughter being corporally punished was profiled in
the ACLU/Human Rights Watch report, A Violent Education. I have
reviewed that report, and believe and agree with their summary on pages
102-113, which answers in more detail Mr. Scott's question. The section
on international obligations can be found here: http://www.hrw.org/en/
node/62078/section/12. In this section, the ACLU and HRW detail how the
US violates multiple bodies of human rights law by permitting corporal
punishment in US public schools.
From this material, I have learned that international treaties,
including the Convention on the Rights of the Child, the Convention
against Torture, and the International Covenant on Civil and Political
Rights, to which the US is party, prohibit the use of cruel, inhuman,
or degrading treatment or punishment. Experts in these areas
consistently have concluded that corporal punishment by school
officials and teachers violates governmental obligations to protect
children from physical violence and cruel treatment. Given the
international consensus against corporal punishment, understand that
over 100 countries prohibit the practice in schools. The same should be
true of the United States.
2. Does professional development for alternative behavior
modification techniques for teachers and principals reduce corporal
punishment in schools?
I believe that many teachers in districts that use corporal
punishment want the best for their students and may believe that
corporal punishment can deter misbehavior and help educate students.
Likewise, parents and children want orderly and safe school
environments in which students can learn. But violence against students
in the form of corporal punishment is not the answer. The practice
injures students, it creates a hostile school climate, it impedes a
positive environment students need in order to learn, it has been
disproportionately applied against African American and disabled
students, and it teaches violence as an appropriate response to
problems.
There are other models and practices that can promote safe,
effective discipline systems that can replace corporal punishment in
schools. Like I said in my testimony, there are even simple solutions
that can change the behavior of children in school without causing
injuries. For example, I remember when my daughter was in elementary
school she got in trouble for talking in class. I told the teacher, if
you keep her in from recess and give her some extra work--that will
stop the behavior you don't like right away. And it did, because social
time was important to my daughter.
Better approaches to school discipline are available. For instance,
I have recently learned about the practice of positive behavioral
supports (PBS)--an evidence-based, comprehensive approach to school
discipline rooted in responding to the underlying reasons for the
student's misbehavior.
Nationwide, teachers and administrators increasingly have been
using positive discipline methods that foster nurturing school cultures
and allow students to thrive. With appropriate funding, training, and
support, teachers and administrators can implement discipline systems
that create educational environments in which every student can learn.
I understand the Mr. Hare has a bill--Positive Behavior for Safe and
Effective Schools Act (HR 2597)--that would promote these practices in
schools. Based on my personal experiences, I strongly support
legislation banning corporal punishment in schools, coupled with
legislation implementing PBS programs, thereby providing teachers and
schools positive alternatives to the ineffective and cruel discipline
of corporal punishment.
Again, my many thanks to you, Ms. McCarthy, and the Committee for
your focus on this important issue. While it is too late to protect my
child from the injuries she suffered from this destructive practice, I
hope that you can quickly introduce and pass legislation banning
corporal punishment in schools. Please feel free to contact me if there
is anything further I can do to be helpful.
______
[Additional submissions of Ms. Pee follow:]
Prepared Statement of the American Civil Liberties Union and
Human Rights Watch
Dear Chairperson McCarthy, Ranking Member Platts, and Members of
the Subcommittee: On behalf of the American Civil Liberties Union
(ACLU), its over half a million members, countless additional
supporters and activists, and fifty-three affiliates nationwide and
Human Rights Watch, one of the world's leading independent
organizations dedicated to defending and protecting human rights, we
applaud the House Education and Labor Subcommittee on Healthy Families
and Communities for conducting a hearing concerning the ongoing
corporal punishment of American public school children and its impact
on their educational success.
The ACLU is a nationwide, non-partisan organization working daily
in courts, Congress, and communities to defend and preserve the civil
rights and liberties that the Constitution and laws of the United
States guarantee everyone in this country. For thirty years, Human
Rights Watch has investigated human rights violations wherever they
occur, including in the United States, exposed the perpetrators, and
advocated for change. We are pleased to submit this written statement
for the record on the issue of corporal punishment in public schools--a
vitally important issue affecting children's access to high-quality
education and a safe and supportive learning atmosphere.
I. The Ongoing Use of Corporal Punishment in Public Schools
Each year, hundreds of thousands of students are subjected to
corporal punishment in public schools.\1\ Despite the many problems
associated with the hitting or paddling of students, corporal
punishment is a legal form of school discipline in 20 states.\2\ Of
these, thirteen states have reported that corporal punishment was
inflicted on over one thousand students\3\--and eight states reported
its use against at least ten thousand students\4\--during the 2006-2007
school year. While significant, these numbers do not tell the whole
story. These statistics only reflect data which has been reported to
the Department of Education and they only include the number of
students who are subjected to corporal punishment during the school
year, not the total number of times that an individual student has been
hit over his or her educational career.\5\
Aside from the infliction of pain and the physical injuries which
often result from the use physical punishments, these violent
disciplinary methods also impact students' academic achievement and
long-term well-being.\6\ Despite significant evidence that corporal
punishment is detrimental to a productive learning environment, there
is currently no federal prohibition on the use of physical discipline
against children in public school. In fact, children in some states
receive greater protections against corporal punishment in detention
facilities than they do in their public schools.\7\ For this reason and
others, the ACLU and HRW are encouraged that this subcommittee is
seeking to address the problems stemming from corporal punishment in
schools.
II. The Disproportionate Use of Corporal Punishment
Students of color and students with disabilities are
disproportionately subjected to corporal punishment, hampering their
access to a supportive learning environment. According to the
Department of Education, while African Americans make up 17.1 percent
of public school students nationwide, they accounted for 35.6 percent
of those who were paddled during the 2006-2007 school year.\8\ In A
Violent Education and Impairing Education, two joint reports published
by the ACLU and HRW detailing the effects of corporal punishment in
public schools, interviewees noted the disproportionate application of
corporal punishment:
One Mississippi high school student described the
administration of corporal punishment in her school this way: ``every
time you walk down the hall you see a black kid getting whipped. I
would say out of the whole school there's only about three white kids
who have gotten paddled.'' \9\
A Mississippi teacher also noted the racial disparity in
the administration of corporal punishment: ``I've heard this said at my
school and at other schools: `This child should get less whips, it'll
leave marks.' Students that are dark-skinned, it takes more to let
their skin be bruised. Even with all black students, there is an
imbalance: darker-skinned students get worse punishment. This really
affected me, being a dark-skinned person myself.'' \10\
Evidence shows that students with disabilities are also
disproportionally subjected to corporal punishment. The Department of
Education has reported that although students with disabilities
constitute 13.7 percent of all public school students, they make up
18.8 percent of those who are subjected to corporal punishment.\11\ In
many of these cases, students were punished for exhibiting behaviors
related to their disabilities, such as autism or Tourette's
syndrome.\12\ The effects of corporal punishment on students with
disabilities can dramatically impact their behavior and hamper their
academic performance. In Impairing Education, parents and grandparents
of students with disabilities noted the changes in behavior and
barriers to educational achievement stemming from the use of corporal
punishment:
A grandmother of a student who has Asperger's syndrome
withdrew him from his Oklahoma school in part because of the hostile
environment stemming from frequent use of corporal punishment: ``It
made him much more introverted. He very much didn't want to go to
school * * * No one's supposed to go to school to be tortured, school
is supposed to be fun.'' \13\
A mother of a student with autism reported that her son's
behavior changed after he was struck in his Florida school: ``He's an
avoider by nature, before he was never aggressive. Now, he struggles
with anger; right after the incidents he'd have anger explosions.''
\14\
Hitting any student should be an unacceptable practice, but the
disproportionate application of corporal punishment further undermines
the educational environment for minority groups and students with
disabilities.\15\ A federal prohibition on corporal punishment in
public schools is necessary to protect students from the discriminatory
impact and the academic harms which it brings.
III. The Impact of Corporal Punishment On Students' Academic
Performance
Harsh physical punishments do not improve students' in-school
behavior or academic performance. In fact, one recent study found that
in states where corporal punishment is frequently used, schools have
performed worse academically than those in states that prohibit
corporal punishment.\16\ While most states demonstrated improvements in
their American College Testing (ACT) scores from 1994 to 2008, ``as a
group, states that paddled the most improved their scores the least.''
\17\ At the same time ``the ten states with the longest histories of
forbidding corporal punishment improved the most'' with improvement
rates three times higher than those states which reported frequent use
of corporal punishment.\18\
Many children who have been subjected to hitting, paddling or other
harsh disciplinary practices have reported subsequent problems with
depression, fear and anger.\19\ These students frequently withdraw from
school activities and disengage academically.\20\ The Society for
Adolescent Medicine has found that victims of corporal punishment often
develop ``deteriorating peer relationships, difficulty with
concentration, lowered school achievement, antisocial behavior, intense
dislike of authority, somatic complaints, a tendency for school
avoidance and school drop-out, and other evidence of negative high-risk
adolescent behavior.'' \21\ One Mississippi student interviewed for A
Violent Education described the effects of corporal punishment on his
attitude towards school:
``[Y]ou could get a paddling for almost anything. I hated
it. It was used as a way to degrade, embarrass students * * * I said
I'd never take another paddling, it's humiliating, it's degrading. Some
teachers like to paddle students. Paddling causes you to lose respect
for a person, stop listening to them.'' \22\
Corporal punishment places parents and teachers in positions where
they may have to choose between educational advancement and students'
physical well-being. For instance, some parents who learn that their
children are being struck at public school find themselves without
recourse, unable to effectively opt-out from the practice, and unable
to obtain legal or other redress when their children have been paddled
against their wishes. Ultimately some parents find that the only way
they can protect their children from physical harm is to withdraw them
from school altogether.\23\ Similarly, teachers who work in schools
where corporal punishment is administered are often reluctant to send
disruptive students out of the classroom because they are afraid the
students will be beaten.\24\
Moreover, a public school's use of corporal punishment affects
every student in that school, including those who are not personally
subjected to hitting or paddling. The prevalent use of physical
violence against students creates an overall threatening school
atmosphere that impacts students' ability to perform academically.\25\
Often, children who experience or witness physical violence will
themselves develop disruptive and violent behaviors, further disturbing
their classmates' learning as well as their own.\26\
Corporal punishment is a destructive form of discipline that is
ineffective in producing educational environments in which students can
thrive. Rather than relying on harsh and threatening disciplinary
tactics, schools and teachers should be encouraged to develop positive
behavior supports (PBS), which have proven effective in reducing the
need for harsh discipline while supporting a safe and productive
learning environment.\27\ The Positive Behavior for Safe and Effective
Schools Act (H.R. 2597) would help states and Local Education Agencies
(LEAs) create positive learning environments by allowing them to use
Title I funds to develop PBS practices. This bill would also require
the Department of Education to provide assistance and support so that
states may fully realize the potential of supportive and flexible
behavior discipline practices. By abandoning ineffective and brutal
disciplinary practices, and by encouraging the adoption of PBS methods,
our nation can provide opportunities for all students to achieve
academic success in a supportive and safe school environment.
IV. Recommendations
In order to prevent the continued use of violence against children
in our schools, we recommend that Congress:
Introduce and pass federal legislation prohibiting the use
of corporal punishment in public schools, conditioned on the receipt of
federal funding.
Define corporal punishment as any punishment by which
physical force is used with the intention of causing some degree of
pain or discomfort, however light.
Promote the use of positive behavioral supports by passing
H.R. 2597, and provide teachers and school administrators with the
tools and resources necessary to develop safe and effective methods for
encouraging positive student behavior
Provide students and their families with a private right
of action to enforce their rights to be free from physical punishment
and to a safe and supportive learning environment in administrative or
judicial actions.
Require all schools and LEAs to report all instances where
corporal punishment is used, not just the number of students who are
punished in a given year. This data should be collected and
disaggregated by student subgroups to assess disproportionate
application.
Provide funding to those states which implement PBS
practices so that teachers may be effectively trained to create safe
and supportive school discipline plans.
V. Conclusion
The ACLU and HRW would like to thank Chairperson McCarthy and the
Subcommittee on Healthy Families and Communities for their efforts to
address the problems arising from corporal punishment in public
schools. The use of violence against students is never an acceptable
means of punishment--it harms students physically, psychologically and
academically. The use of corporal punishment in schools is interfering
with students' right to be treated with dignity and, as a result, is
interfering with their right to a quality education. By prohibiting the
use of corporal punishment and helping states to develop safe and
effective behavioral practices, this Congress could help to ensure that
our nation's children are able to achieve their full educational
potential in a supportive learning environment.
endnotes
\1\ During the 2006-2007 school year, at least 223,190 students in
the U.S. were subjected to corporal punishment. See U.S. DEPARTMENT OF
EDUCATION, OFFICE FOR CIVIL RIGHTS, CIVIL RIGHTS DATA COLLECTION 2006,
http://ocrdata.ed.gov/Projections--2006.aspx (last accessed April 1,
2010) [hereinafter CIVIL RIGHTS DATA COLLECTION].
\2\ Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho,
Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New
Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and
Wyoming. See AMERICAN CIVIL LIBERTIES UNION & HUMAN RIGHTS WATCH,
IMPAIRING EDUCATION 27 (2009), available at http://www.aclu.org/human-
rights/impairing-education-corporal-punishment-students-disabilities-
us-public-schools [hereinafter IMPAIRING EDUCATION].
\3\ Alabama, Arkansas, Florida, Georgia, Kentucky, North Carolina,
Oklahoma, Louisiana, Missouri, Mississippi, South Carolina, Tennessee &
Texas. See id. at 27.
\4\ Alabama, Arkansas, Georgia, Oklahoma, Louisiana, Mississippi,
Tennessee and Texas. See id, at 27.
\5\ Many school districts may fail to report corporal punishment
data to the Department of Education, and many incidents may not be
recorded in the first place. See AMERICAN CIVIL LIBERTIES UNION & HUMAN
RIGHTS WATCH, A VIOLENT EDUCATION 45-46 (2008), available at http://
www.aclu.org/human-rights-racial-justice/violent-education-corporal-
punishment-children-us-public-schools [hereinafter A VIOLENT
EDUCATION]; IMPAIRING EDUCATION, at 30-31.
\6\ See generally A VIOLENT EDUCATION, at 57; IMPAIRING EDUCATION,
at 4-5.
\7\ Corporal punishment of children in juvenile justice facilities
has been prohibited by the Courts of Appeals in several Federal
Circuits. See Nelson v. Heyne, 491 F.2d 352 (7th Cir. 1974), cert.
denied 417 U.S. 476 (paddling of children in juvenile detention was a
violation of the Eighth Amendment's ban on cruel and unusual
punishment); Morales v. Turman, 562 F.2d 993, 998 (5th Cir. 1977)
(corporal punishment and physical abuse in juvenile detention
facilities subject to prohibition as a violation of Eighth Amendment),
rev'd on other grounds, 535 F.2d 864 (5th Cir. 1976), rev'd and
remanded, 430 U.S. 322 (1977). See also, Santana v. Collazo, 533 F.
Supp. 966 (D.P.R. 1982) (corporal punishment against juveniles in
industrial schools and juvenile camps violates Eighth Amendment and is
barred ``for any reason''), aff'd in part and vacated in part, 714 F.2d
1172 (lst Cir. 1983), cert. denied, 466 U.S. 974 (1984). The American
Correctional Association has also issued standards banning use of
corporal punishment in juvenile facilities. See also Steven J. Martin,
Staff Use of Force in United States Confinement Settings, 22 WASH. U.
J.L. & POL'Y 145 (2006). In addition, corporal punishment and other
harsh disciplinary practices are prohibited in publicly-funded non-
medical substance abuse and long-term medical care facilities. See,
e.g., 42 U.S.C. Sec. 290jj (banning corporal punishment in ``non-
medical community-based facilities for children and youth.''); 42
C.F.R. Sec. 483.13 (banning corporal punishment in long-term medical
care facilities).
\8\ CIVIL RIGHTS DATA COLLECTION, supra note 1. See also A VIOLENT
EDUCATION, at 5 (``In the same year [2006-2007], in the 13 states with
the highest rates of paddling, 1.4 times as many African American
students were paddled as might be expected given their percentage of
the student population. Although girls of all races were paddled less
than boys, African American girls were nonetheless physically punished
at more than twice the rate of their white counterparts in those 13
states during this period'').
\9\ A VIOLENT EDUCATION, at 72 (interview with Abrea T., Dec. 10,
2007).
\10\ A VIOLENT EDUCATION, at 75-76 (interview with Catherine V.,
Nov. 7, 2007).
\11\ In the 2006-2007 school year, 41,972 students with
disabilities were subjected to corporal punishment during the 2006-2007
school year. See CIVIL RIGHTS DATA COLLECTION, supra note 1.
\12\ See IMPAIRING EDUCATION, at 35-40.
\13\ IMPAIRING EDUCATION, at 44 (interview with Sarah P. May 22,
2009).
\14\ IMPAIRING EDUCATION, at 43 (interview with Anna M., March 9,
2009).
\15\ See A VIOLENT EDUCATION, at 75.
\16\ MICHAEL HICKMON, STUDY: PADDLING VS. ACT SCORES AND CIVIL
IMMUNITY LEGISLATION (2008), available at http://www.stophitting.com/
index.php?page=paddlingvsact.
\17\ Id.
\18\ Id.
\19\ See A VIOLENT EDUCATION, at 54; IMPAIRING EDUCATION, at 42-43.
\20\ See A VIOLENT EDUCATION, at 54; IMPAIRING EDUCATION, at 43-44.
\21\ Society for Adolescent Medicine, Position Paper: Corporal
Punishment in Schools, 32:5 J. ADOLESCENT HEALTH 385, 388 (2003).
\22\ A VIOLENT EDUCATION, at 55 (interview with Sean D., Dec. 14,
2007).
\23\ See IMPAIRING EDUCATION, at 6.
\24\ See id. at 5.
\25\ See A VIOLENT EDUCATION, at 25-29.
\26\ This is often because students who have been subjected to
corporal punishment have learned through their experiences that
physical violence is an appropriate way to handle conflict. The
American Academy of Pediatrics has noted that ``corporal punishment may
adversely affect a student's self-image and school achievement and it
may contribute to disruptive and violent behavior.'' American Academy
of Pediatrics, Committee on School Health, Corporal Punishment in
Schools, 106:2 PEDIATRICS 343 (2000), available at http://
aappolicy.aappublications.org/cgi/content/full/pediatrics;106/2/343.
\27\ See, e.g., Stephen P. Safran & Karen Oswald, Positive Behavior
Supports: Can Schools Reshape Disciplinary Practices?, 69:3 EXCEPTIONAL
CHILD. 361 (2003), available at http://www.casenex.com/casenex/
cecReadings/positiveBehavior.pdf.
______
[``A Violent Education: Corporal Punishment of Children in
U.S. Public Schools,'' a report by the ACLU and Human Rights
Watch, may be accessed at the following Internet address:]
www.aclu.org/human-rights-racial-justice/violent-education-corporal-
punishment-children-us-public-schools
______
[``Impairing Education: Corporal Punishment of Students
With Disabilities in US Public Schools,'' a report by the ACLU
and Human Rights Watch, may be accessed at the following
Internet address:]
www.aclu.org/human-rights/impairing-education-corporal-punishment-
students-disabilities-us-public-schools
______
[Responses to Mr. Scott's questions from Dr. Greydanus
follow:]
------
[Whereupon, at 11:35 a.m., the subcommittee was adjourned.]