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HITTING CHILDREN IS LEGAL:
A closer look at corporal punishment in U.S. schools, especially the North Carolina HB 853 and SB 874
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A true story… A 12-year-old schoolboy was punished for misbehavior. A male teacher, about twice the child's size struck him five times on the buttocks with a wooden board. That afternoon, in response to an urgent call from the boy's sister, the mother left work and rushed home to find out what had happened to her son. She was horrified and outraged by appearance of the massive bruises he had sustained. She took him to the E.R. where he was treated and his injuries documented. Police were notified and took numerous photos. The mother also went to the school and showed the principal, the guidance counselor and the teacher who inflicted the punishment the effects of their discipline policy on her son's body. We are not describing an event that took place in the distant past or in some remote, backward region of the globe. This happened on September 12, 2005, in Rowland Middle School, Robeson County, North Carolina ("Ban the Paddle:," 2007).
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Corporal Punishment in schools is allowed in 23 States
Alabama Arizona Arkansas Colorado Florida Georgia Idaho Indiana Kansas Kentucky Louisiana Mississippi Missouri New Mexico North Carolina Ohio Oklahoma Pennsylvania Rhode Island* South Carolina Tennessee Texas Wyoming *banned by every school board in the state (Family Education Network, )
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Largely a Southern Phenomenon…
“School spanking is these days largely a Southern phenomenon. It’s safe to say that corporal punishment is centered in the old Confederacy and walks a narrowing path.” North Carolina allows paddling, but at a rate far lower than the “paddling powerhouses” of Alabama, Arkansas, Tennessee, Texas, and Mississippi ("Paddle Policy: A Push," 2007)
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It seems unreal in 2007… In North Carolina, the following people are allowed to smack someone on the buttocks as part of their job: Prostitutes Porn stars Educators (Riak, 2007)
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In the most recent legislative session ( ) in North Carolina, House Bill 853 and Senate Bill 874 were given consideration, but failed to pass
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North Carolina House Bill 853
The bill is referred to as “Prohibit Corporal Punishment in Schools” The intent of the bill is to prohibit the use or threat of corporal punishment It is recommended that expulsion or suspension be considered instead of corporal punishment in disciplining a student School personnel would be able to continue to use reasonable force in the following situations: If a student was threatening injury to others If a student possessed a weapon or other dangerous object In self-defense For the protection of persons or property To maintain order on school grounds, in the classroom, or at a school activity (A Bill to Be Entitled an Act to Prohibit the Use of Corporal Punishment in the Public Schools, 2007)
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North Carolina Senate Bill 874
Differences between the house and senate versions both bills state “Local boards of education shall adopt policies that prohibit both the administration of corporal punishment and the threat of corporal punishment,” but it is more prominently presented at the beginning of the house bill The house bill also includes a section where G.S. G-21.4 is repealed (Allowance of counsel fees and costs in certain cases involving principals or teachers. In any civil action brought against a public school principal or teacher as defined in G.S. 115C‑390 arising or resulting from the use of corporal punishment, upon a determination that the principal or teacher has prevailed and that the plaintiff's action was frivolous or without substantial merit, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the principal or teacher. The attorney's fee shall be taxed as part of the court costs) (A Bill to Be Entitled an Act to Prohibit the Use of Corporal Punishment in the Public Schools, 2007)
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North Carolina Senate Bill 874 Continued
The house bill also includes the following statement: “The remainder of this act is effective when it becomes law. Section 2 (G.S is repealed) of this act does not apply to civil actions arising from the use of corporal punishment prior to the effective date of this act.” It is important to note that the Senate Bill 874 did not make it out of committee (A Bill to Be Entitled an Act to Prohibit the Use of Corporal Punishment in the Public Schools, 2007)
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Reasons behind proposed policy
Currently, 68 of North Carolina’s school districts allow corporal punishment, while 47 have banned it at the local level North Carolina is known across the country for its programs that encourage positive youth development In this case the state is far behind and there are North Carolinians who support the use of corporal punishment in schools The North Carolina Family Council says hitting children can be effective when applied in a caring manner
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Other supporters of Corporal Punishment
The N.C. School Boards Association claims parents are desperate to get their children into a school that allows administrators to administer corporal punishment A Representative who says the bill is one step away from the state coming into your home to tell you that you cannot spank your own children Another Representative who claims, “I know I was a tough problem to handle in school as it was. I had one teacher that I told him later I think he whipped me like a rented mule. But I truly believe I would have served time in prison had I not had the discipline that I had in school” (Fuquay, 2007).
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Politicians against a ban on CP
Yet another Representative states, “I’m not going to say I’m a victim of corporal punishment. I would say very clearly that I am a beneficiary of corporal punishment” (Fuquay, 2007). The aforementioned people may not support corporal punishment, but they want to allow it to continue in North Carolina They want to put the decision in the hands of the local school boards and the administrators of said schools
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Support for the ban on Corporal Punishment in N.C. Schools
A petition by North Carolinians that covers six single-spaced pages – one name on each line, means there are some who believe this is wrong An article that exclaims this is barbaric Research shows that paddling results in injury Often minorities, poor children, students with disabilities, and boys are the recipients of corporal punishment The same children are punished over and over
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Ban Corporal Punishment?!
Every industrialized nation in the world except Canada and the United States has banned corporal punishment in schools Corporal punishment is allowed in North Carolina schools, but not allowed in prisons, jails, detention centers, day cares, group homes, foster homes, and other institutions Corporal punishment has been allowed in North Carolina since 1955, but the public claims that students keep getting worse and worse, so logically, it is not working
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Bullying Banned Beating Allowed
Also taken into consideration this legislative session was a bill to stop bullying in North Carolina schools Just before rejecting the corporal punishment ban, the house voted to require school boards to adopt bullying policies – paying particular attention to groups who are often victimized the most (Kane, 2007) The N.C. House of Representatives expressed its distaste for bullying, but they do not seem to mind allowing teachers or administrators the option of picking up a wooden plank and hitting students There is zero tolerance for bullying in North Carolina, but a teacher is allowed to walk around with a wooden paddle
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How does CP Affect Youth Development?
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Corporal Punishment Myths
Corporal punishment is time efficient The effect of corporal punishment increases with its use Corporal punishment attacks the problem head on All students dislike corporal punishment Educators only use corporal punishment for the benefit of their students Corporal punishment is a way of punishing only those students who misbehave Corporal punishment prepares students to live in a society that punishes those who break the rules Corporal punishment deters aggression in students Corporal punishment leads to the development of character Corporal punishment teaches respect
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More Myths Corporal punishment is the only thing some students understand Without corporal punishment behavioral problems increase Corporal punishment is used only as a last resort Corporal punishment is necessary for the protection of educators Corporal punishment works better than other disciplinary methods Corporal punishment is harmless Corporal punishment is rarely used If educators don’t use corporal punishment, then they will verbally abuse a student Corporal punishment is needed as a last resort Corporal punishment is used only for serious problems (Gaffney, 1997)
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Derailed sexual development
According to a letter written to N.C. Legislators by Jordan Riak, the Executive Director of Parents and Teachers Against Violence in Education (PTAVE), “Medical Science has long recognized, and documented in great detail, how being struck on the buttocks can stimulate sexual feelings. Children of school age are especially susceptible. The tragic consequence for some who are subjected to this kind of maltreatment is that they form a connection between pain, humiliation and sexual arousal that endures for the rest of their lives” (2007).
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Violence The message corporal punishment sends to students is that violence is an acceptable response to conflict Children should not be subject to violence in schools from adults or classmates In states where spanking is allowed violent crime rates are higher Teaches children that they can get their way through violence
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An administrator at a Texas high school explains, “our five year experiment is evidence that discipline can be maintained without resorting to physical violence against a student. Eliminating corporal punishment has resulted in healthier and happier children” (Richardson & Evans, 1992).
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In the words of one student…
I’M ENDANGERED SO THEY SAY Hear my story hear my plight My condition’s quite a fright I’m endangered, so they say My self-esteem has gone astray To discipline me, I am hit Deep inside me, my rage is lit So I fight back, you bet I do I model violence shown by you I’m surrounded with despair I’m shown neglect instead of care I need someone to emulate To help me love and not to hate To show me how, to take my hand To teach me right, to understand I do not want to land in jail I must succeed, I will not fail Show me kindness instead of scorn With contempt I was not born Reach out and touch my very soul Reach out and help destroy this role That I am playing on life’s stage Filled with violence, filled with rage Help me out when I rebel I am going through such hell There is hope for I can learn To be productive and to learn I can be part of this society If you would just have faith in me In your hands you hold my fate Help me out, it’s not too late Rita C. Richardson
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According to student teachers...
Causes students to become rebellious Does not provide a positive learning environment Could be abused by teachers or administrators Could lead children to believe violence is acceptable, meaningful, and/or legitimate means by which to solve problems Could cause emotional/physical harm to children Present legal problems for those who administer the punishment Only changes behavior or attitudes short term (Diamantes, 1994)
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Psychological Effects of CP
Negatively affects self-concept Increased anxiety and fear Feelings of helplessness and humiliation Stifled relationships with others Aggression and destruction at home and at school Temporarily suppresses negative behavior, but does not teach new behavior
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Social Capital and CP States that allow school corporal punishment have significantly lower levels of social capital As the rate of corporal punishment increases , social capital decreases The level of support for corporal punishment (either at home or school) in the community is directly related to the rate of school corporal punishment in the community The disproportionate application of school corporal punishment to African American students is associated with low levels of social capital
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More correlation between CP and Social Capital
“Not only must we eschew corporal punishment, but all kinds of punishment that might injure the child’s health must be forbidden” “The more hitting of children that is permitted in the schools of a state, the higher that state’s murder rate” The public’s general attitudes toward corporal punishment may be translated into policy allowing or encouraging corporal punishment in schools Reducing corporal punishment could be a difficult challenge in the absence of legislation, a long-term strategy may be required (Owen, 2005)
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CP’s Impact on Youth Development and the Future
The majority of research associated with the use of corporal punishment has presented this type of discipline in a negative light CP is associated with future anti-social behavior Children learn that violence is an acceptable way to deal with interpersonal differences Violent strategies are modeled and added the child’s behavioral repertoire If children experience pain, they are likely to inflict pain on others
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CP’s Affect on the Future
Corporal Punishment teaches aggressive behavior and control Corporal Punishment hinders the development of important problem-solving skills Children who experience Corporal Punishment are more likely to engage in physical and verbal aggression with their spouses Children who experience Corporal Punishment are less likely as adults to be able to take a spouses’ perspective in arguments Corporal Punishment plays a role in the development of depression, domestic violence, suicide, child abuse, infant homicide, delinquency, school violence, bondage and masochistic sex, alienation, alcohol abuse, and spousal abuse (Webb, 2007)
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Hitting Children is Legal
Although hitting children is still legal in the state of North Carolina, there are several states who have enacted policies against corporal punishment as a disciplinary measure in school Research shows the states that have outlawed corporal punishment in schools have made a smart choice As indicated by research, allowing corporal punishment to continue in schools inhibits youth development Youth who are victims of corporal punishment in schools are more likely to exhibit violence in the future
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Policy can change the future for our children…
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References Ban the paddle: N.C. lawmakers should prohibit corporal punishment [Editorial]. (2007, March 23). The Charlotte Observer, pp Retrieved November 14, 2007, from A bill to be entitled an act to prohibit the use of corporal punishment in the public schools, S. 874, Leg., Regular Session (N.C. 2007), 7&BillID=S874. A bill to be entitled an act to prohibit the use of corporal punishment in the public schools, H.R. 853, Leg., Regular Session (N.C ), n=2007&BillID=H853. Burton, V. (2007, August 22). Corporal punishment teaches children the wrong lesson. Nursing Standard, 21(50), 33. Retrieved November 16, 2007, from ERIC database.
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Chenoweth, T. , & Just, H. (2000, August)
Chenoweth, T., & Just, H. (2000, August). Corporal punishment: Does it hinder the development of children? (Monograph). (ERIC Document Reproduction Service No. ED ) Retrieved November 17, 2007, from ERIC database. Diamantes, T. (1994). Student teachers and the corporal punishment debate. (ERIC Document Reproduction Service No. ED ) Retrieved November 17, 2007, from ERIC database. Family Education Network. ( ). States with corporal punishment in school. In Classroom discipline. Retrieved November 14, 2007, from discipline/resource/38377.html Fitzsimon, C. (2007, April 11). Protecting Children at School. In NC Policy Watch. Retrieved November 14, 2007, from A project of the North Carolina Justice Center Web site: Fuquay, J. (2007, May 23). North Carolina House to debate school spanking. Fayetteville Observer, pp Retrieved November 14, 2007, from
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Fuquay, J. (2007, May 24). House denies spanking measure. Fayetteville
Fuquay, J. (2007, May 24). House denies spanking measure. Fayetteville Observer, pp Retrieved November 14, 2007, from Gaffney, P. V. (1997, May). A study of preservice teachers’ beliefs about various issues and myths regarding the use of scholastic corporal punishment. (ERIC Document Reproduction Service No. ED ) Retrieved November 16, 2007, from ERIC database. Kane, D. (2007, May 24). No to bullying; yes to paddles: House votes send mixed message. News & Observer, pp Retrieved November 14, 2007, from An open letter to members of the North Carolina Legislature. (2007, March 15). Ban Corporal Punishment North Carolina. Retrieved November 14, 2007, from Parents and Teachers Against Violence in Education (PTAVE) Web site: nc.htm Owen, S. S. (2005, September). The relationship between social capital and corporal punishment in schools: A theoretical inquiry. Youth and Society, 37(1), Retrieved November 17, 2007, from
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Paddle policy: A push to ban corporal punishment in public schools deserves high marks. It’s time the state stopped spanking students [Editorial]. (2007, March 19). News & Observer, pp Retrieved November 14, 2007, from Riak, J. (2007, March 15). HB 853 to prohibit the use of corporal punishment in North Carolina public schools and PTAVE’s letter to North Carolina Legislators. In Nospank.net. Retrieved November 14, 2007, from Parents and Teachers Against Violence in Education (PTAVE) Web site: htm Richardson, R. C., & Evans, E. T. (1992, June). African-American males: Endangered species and the most paddled. (ERIC Document Reproduction Service No. ED ) Retrieved November 17, 2007, from ERIC database. Stop spanking [Editorial]. (2007, March 21). Winston-Salem Journal, pp Retrieved November 14, 2007, from Webb, P. (2007). Spare the rod, destroy the child: Examining speculative association of corporal punishment and deviant behavior among youth. (ERIC Document Reproduction Service No. ED ) Retrieved November 14, 2007, from ERIC database.
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References for Images Used
American Health Planning Association. (2007). Map of the United States. Retrieved November 15, 2007, from %20save%20as%20jpg%20smaller.jpg Ancestry.com. (n.d.). Welcome to Elkridge, Fayette County, WV. In Spanking image. Retrieved November 18, 2007, from Roots web Web site: Archivist. (2007). Paddle image. Retrieved November 16, 2007, from Babble.com. (2007, January 31). Anti-spanking law gets smackdown. In Belt image. Retrieved November 15, 2007, from spx BBC News. (1999). No spanking zone sign. Retrieved November 15, 2007, from
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Diablo Event. (n. d. ). Ban image. Retrieved November 15, 2007, from
Etheridge, P., & Reuters. (1997, August 14). Health story page. In 23 states still allow corporal punishment in the classroom image. Retrieved November 16, 2007, from Cable News Network, Inc. (CNN) Web site: Jupiter Images. (2007). Spanking image. Retrieved November 16, 2007, from North Carolina Center for Voter Education. (2007). Image of North Carolina Capitol. Retrieved November 15, 2007, from %20used%20in%20site/images/images/nc-leg.gif Oklahoma Family Law Blog. (2007, January 26). Spanking image. Message posted to g/images/spanking.jpg
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One News Now. (2006-2007). Gavel image. Retrieved November 16, 2007,
One News Now. ( ). Gavel image. Retrieved November 16, 2007, from American Family News Network Web site: Planetozh. ( ). Simpsonified family image. Retrieved November 16, 2007, from simpsonified/ Riak, J. (n.d.). Violated schoolchildren: Corporal punishment-induced trauma. Retrieved November 14, 2007, from Parents and Teachers Against Violence in Education (PTAVE) Web site: Supercool School. (2007). Steli Efti - The Supercool Principal. In Paddle image. Retrieved November 15, 2007, from _ jpg United Cerebral Palsy of Pennsylvania. (2007). Bill on capitol hill. Retrieved November 15, 2007, from
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World Corporal Punishment Research. (2001-2007). Corporal punishment
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