Proceedings: ConfErence on Corporal Punishment in the Schools: A National DE:bate February 18-20.1977 • • • • •• • • • ~~-f_. • __ ...... __ _ c:J v, c::J ~. The National ~~ institute of Education u.s. Ocpanmenl of Health, Educallon and Welfare In Washin8lon, D.C. 20208 d under Contrac t SNIE-P-77- Depart- These procee d'mg, s t"were al Institutepre~are 0 f Education,The opmlOnsU .. '. ex- 0079 from the Na ~on tion and Welfare. arily reflect the ent of Health, E UC~dings do not ~ec~ss of Education or l ;",,,dposition '0or th'I~~/~~'~'POt ent of Health, N'tio"," Educa I~~~:" , ~d W,iIm,. the U.S. Depar m _J PROCEEDINGS CONFERENCE ON CORPORAL PUNISHMENT IN THE SCHOOLS: A NATIONAL DEBATE February 18.20,1977 Edited by James H. Wise Conference Presented by Child Protection Center Children's Hospital National Medical Center Washington, D.C. Supported by The National Institute of Education U.S. Department of Health, Education, and Welfare U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Joseph A. Califano Jr., Secretary MIIl'Y Berry, Assistant Secretary for Education NATIONAL INSTITUTE OF EDUCATION Emer30n J. Elliott, Acting Director Harold Delaney, Associate Dir2ctor, Educational EqUity Group Oliver C. Moles, Head, School Social Relations Acknowledgement The editor would like to express his personal gratitude to all the particpants and thank them for their contribution to the advancement of knowledge and understanding on the issue of corporal punishment in our public schools. Special thanks are ex­ tended to the following individuals who assisted in the development and support of these proceedings: Susan Arshack, F.D.R. Fox, Dr. Frederick C. Green, Ronda Green, Gloria Hill, Mary Holman and Carol Kauffman-all of Children's Hospital National Medical Center; and Martin O. Milrod and Dr. Oliver C. Moies-both of The National Institute of Education. Cover design by Fred Stargardt. James H. Wise, Ph.D. Child Protection Center Children's Hospital National Medical Center ii Washington, D.C. .. Table of -Contents Acknowledgement. • . • . • . • . • • . • . • . • . • • . • . • . • . • . • . • • . • .• ii Introduction. • • • . • . • . • . • . • . • . • • . • • . • • . • . • • • . • • • . • . • . • •. v James H. Wise Corporal Punishment And Alternatives In The Schools: An Overview Of Theoretical And Practical Issues 1 Irwin A. Hyman, Eileen McDowell and Barbara Raines An Analysis Of State Legislation Regarding Corporal Punishment In The Schools . • • . • • • . • . • • . • . • • • . •• 15 Robert H. Friedman and Irwin A. Hyman Corporal Punishment In The Schools: The Civil Liberties Objections . • . • . • .. • . • • . • • . • • • • . •. 19 Alan Reitman A Legal Defense For Corporal Punishment In The Schools . • • • • . • . • • • • . • . • . • . • . • • • • •. 25 Frank A. Howard, Jr. A Practical Defense Of Corporal Punishment In The Schools. • . • . • . • • . • . • . • • . • • . • • • • . • • • . • . • • . •• 29 Lansing K. Reinholz The Impact Of The Ingraham Decision .• • • • . • . • • . • • . • . • • • • . • • . • . • • . • • • • . • . • • . • . • • • • . • • . .. 33 Wallace Mylniec ) A Review Of Research On The Effects Of Punishment: Implications For Corporal Punishment In The Schools. • • • • • • • • • .. 35 Anthony F. Bongiovanni All In The Name Of The 'Last Resort'. • • . • • . • . • • . • • . • . • . • • . • . • . • . • • • • • . • • • • . • . • • • • •. 43 Adah Maurer A Cross·Cultural Examination Of Corporal Punishment: An Initial Theoretical Conceptualization. • . • • . • • . • . •• 49 Alan Babcock Open Forum. Corporal Punishment In The Schools: A National Debate. • • . • • • . • • . • . • . • • . • • • • • • • . •• 51 iii iv Introduction During the weekend of February 18-20, 1977, the Child Given the complexity of the topic, the conference was also Protection Center of Chiidren's Hospital National Medical designed to examine corporal punishment from a variety of Center, Washington, D.C., hosted a national invitational con­ perspectives. The eight formal papers presented examined ference on child abuse. One section of that conference, sup· historical and constitutional considerations; debated inherent ported in paJt by funds from the National Institute of Educa­ philosophical, moral, ethical and practical issu~s; analyzed and tion, devoted an intensive two and one half days to a singular reported on corporal punishment practices and excesses in our topic: corporal punishment in the schools. The examination of nation's classrooms today; surveyed the current status of state corporal punishment in the schools proved both unprecedented statutes regarding corporal punishment; provided a scientific and timely. Unprecedented, in the faci. that for the first time overv!ew and appraisal of the effect of physical punishment on the question of corporal punishment in our schools was seriously chiidren's behavior and emotions; and finally, presented an considered and intensively discussed within the overall frame­ initial examination of corporal punishment from a cross­ work of a national conference on child abuse. Timely, in the cultural perspective. In addition. an open forum dialogue was very real sense that just three months prior to the conference held which included representatives of three national associa­ the Supreme Court had heard oral arguments for the first time tions: the American Federation of Teachers, the American on corporal punishment in the schools. At the time of the con­ Psychological Association, and the National Parent Teacher ference, however, the High Court had not yet handed down a Association. decision on Ingraham v. Wright. On April 18th, 1977, exactly This was a truly important and productive conference. It is two months after the conference, the Supreme Court ruled on difficult to recapture on paper the lively spirit and enthusiasm Ingraham v. Wright. In a five to four decision the Court ruled of the conferees who spent an intensive weekend engaged in that corporal punishment in public schools was not a violation debate and dialogue on the issue of corporal punishment in of the Eighth Amendment's prohibition against cruel and our schools. Despite this limitation, the proceedings which unusual punishment. The Court also decided that due process follow are the real fruit of the conference and are preserved protections need not be accorded school children before for the reader's examination and thought. Hopefully they will corporal punishment is used. provide new insights for many. fresh ideas for some, further This conference on corporal punishment was specifically questions by others and perhaps in time, some answer; for us all. designed to present a balanced cross section of opinion on this controversial and heretofore surprisingly understudied issue. James H. Wise, Ph.D. v • Corporal Punishment And Alternatives 6. During the 1971-1972 school year, the Dallas Public In The Schools: An Overview Of Theoretical Schools reported an average of 2,000 incidents of physical And Practical Issues punishment per month (It's time to, 1972). a paper presented by 7. In the Houston Public Schools, it was reported by Dr. J. Irwin A. Hyman Eileen McDowell Barbara Raines Boney, an administrator, that during a two month period in 1972, 8,279 paddlings were administered (Elardo, 1977). Introduction 8. In New York City (Polier, Alvarez, Broderick, Harrison-Ross, & Weaver, 1974) and Pittsburgh (Schumacher, 1971), black Most people in this country believe that the use of corporal administrators were accused of excessive paddling of black punishment in the schools is either not a problem or a problem children, even though corporal punishment was banned by the of such low priority that it is not worth considering. Any school boards. In both cases, even though it was proven that informal poll will most likely reveal a general belief that the paddling took place, the administrators and many pro­ corporal punishment is little used or that when applied it is corporal punishment parents first denied its use and later usually minor and preferred by most children to other forms defended it on the basis that physical punishment was the only of punishment. A substantial percentage would probab­ thing many of the black children understood. In both cases, ly feel it should be used more often. This latter belief is the accusers were attacked as racists trying to prove the related to the results of recent Gallup Polls which indicate that incompetancy of black educators. most citizens feel that discipline is the major problem in schools today (Gallup, 1976). However, consider the follow­ Some of the preceding cases and many other reported ing: examples of excesses of corporal punishment are presented in 1. In a Florida school a young man was held down on a table a paper by Maurer (1977). Without further documentation, it while a principal beat him 20 times on his buttocks with a is clear to many that corporal punishment is a problem. It also paddle. The beating was severe enough to cause an oozing should be conceptualized as a form of child abuse which is in hematoma which required three hospital treatments. The contradiction to much of what Americans say they believe young man missed ten days of school and was unable to sit about democracy. comfortably for three weeks following this incident (Nuss­ Definition of Corporal Punishment baum, Hilmer, & Precup, 1976). 2. In Vermont, in 1974, a young sixth grade student was The general definition of the term corporal punishment seriously beaten by the principal for striking another student. indicates it to be