Legal & Ethical Guide - Corporal Punishment by Lindsey Weber https://padlet.com/lweber116/mqwtourrl7wl4jpp en-us 2022-07-23 00:05:23 UTC 2025-05-04 08:24:59 UTC hello@padlet.com Slide 1: Professional Perspective/Audience/Topic lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248376343 My perspective on the topic of corporal punishment is that of a school counselor. A variety of audiences may find this resource guide beneficial, including school counselors, administrators, and school board members. I chose the topic of corporal punishment because the school I currently work at allows this method as a discipline measure. It is important to consider how this type of consequence impacts students academically, physically, and mentally.]]> 2022-07-23 00:13:35 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248376343 Slide 2: Interview lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248386131 Why is corporal punishment important in education?
Tim Richter is the Principal at Three Rivers Elementary School, where school policy allows corporal punishment. Richter said that this is an important issue in education because of the controversy associated with it. Although administering corporal punishment as a consequence is sometimes part of his job, he does not personally condone it. Richter worries about harming students mentally and physically.

What are some best practices when it comes to corporal punishment?
  • Parents must sign a corporal punishment permission form at the beginning of each school year. They may opt in or out on this form.
  • A parent phone call is made before corporal punishment occurs. Although parents have already signed to allow their child to receive this consequence, they are given a variety of options. These additional options may include in-school suspension, out-of-school suspension, Saturday school, or several sessions of after-school detention. Parents make the ultimate decision about which consequence their child receives.
  • A medical witness is present every time corporal punishment is administered.
  • Detailed documentation is kept, including information about behaviors, parent contact, and witnesses.

What is an emerging related to corporal punishment that educators should watch?
Although this is not necessarily an emerging issue, Richter said more schools are moving away from using corporal punishment. People are speaking out against this form of punishment, and more effective consequences are being used. It is important to watch this issue, because it may lead to corporal punishment eventually being banned in the state of Texas (T. Richter, personal communication, July 21, 2022). 

https://tres.trisd.org/o/tres
]]> 2022-07-23 01:03:06 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248386131 Slide 3: Professional Organization lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248395925 The American School Counselor Association (ASCA) has taken a stance against the use of corporal punishment in schools. Research shows this type of discipline can lead to harmful outcomes for students. School counselors should advocate for alternative methods (American School Counselor Association, 2019).]]> 2022-07-23 01:46:23 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248395925 Slide 4: Current News Article lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396162
  • Parents claim fifth grade students were made to sit on hot blacktop as a form of punishment for one student's actions.
  • Due to the physical nature of this punishment, it could be considered corporal punishment.
  • It is not clear in the article whether the school district in question has a policy in place allowing corporal punishment.
  • If there is such a policy, it is not clear whether any parents of students subjected to this punishment had opted out.
  • Given policy and opt-out requirements, the school in this article may be in violation of the law (CBS4News Staff, 2022).
    • ]]>     2022-07-23 01:47:23 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396162     Slide 5: Current News Article lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396246
  • A recent meta-analysis of studies on the effects of corporal punishment found that it is associated with negative outcomes. 
  • More frequent physical punishment is associated with increased negative outcomes (UT News, 2021).
    • ]]>     2022-07-23 01:47:45 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396246     Slide 6: Statutory Law lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396355
  • Use of Corporal Punishment (2 Tex. Educ. Code § 37.0011)
    • https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0011
    • School Boards can adopt a policy allowing corporal punishment as a method of punishment.
    • Parents or guardians may prohibit the use of corporal punishment on their child by submitting a written statement.
    • ]]>     2022-07-23 01:48:13 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396355     Slide 7: Judicial Law lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396708
    • Ingraham v. Wright, 430 U.S. 651 (1977)
      • https://supreme.justia.com/cases/federal/us/430/651/
      • In this decision, the Supreme Court ruled that corporal punishment is not "cruel and unusual punishment", and is therefore not unconstitutional under the Eighth Amendment.
    ]]>     2022-07-23 01:49:26 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248396708     Slide 8: Administrative Law lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397010
  •  May I use corporal punishment for children in care? (26 Tex. Admin. Code § 748.2303)
    • https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=748&rl=2303
    • Although this law is not directly related to students in school, it deals with children in residential childcare centers.
    • The law explicitly prohibits any form of corporal punishment in residential childcare centers.
    • ]]>     2022-07-23 01:50:26 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397010     Slide 9: Constitutional Law lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397090
  • The Eighth Amendment to the United States Constitution (U.S. Const. amend. XIII
    • https://constitution.congress.gov/constitution/amendment-8/
    • This Amendment prohibits cruel and unusual punishment for crimes.
    • This is relevant to the issue of corporal punishment in schools, because many groups consider corporal punishment to be "cruel and unusual".
    • Refer to Slide 7: Judicial Law for more information.
    • ]]>     2022-07-23 01:50:41 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397090     Slide 10: Local Administrative Policy lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397241 The Three Rivers Independent School District Student Handbook outlines the policy on corporal punishment. This policy allows corporal punishment as a discipline measure, unless the student's parent or guardian has prohibited it in writing. Only the campus principal or behavior coordinator may carry out this consequence, and a witness must be present. Parents must be contacted before any action is taken (Three Rivers Independent School District Student/Parent Handbook, 2020).]]> 2022-07-23 01:51:16 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397241 Slide 11: Ethical Principle lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397342 Section A of the American School Counselor Association (ASCA) Ethical Standards (American School Counselor Association, 2016) outlines the responsibilities school counselors have to their students. One of these responsibilities is to advocate for equitable, evidence-based policies in schools. While school counselors do not directly take part in disciplining students, they can play a role in ensuring discipline policies are in students' best interest. ]]> 2022-07-23 01:51:38 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397342 Slide 12: Personal Connection lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397473 About five years ago, the school where I work made national headlines because of our corporal punishment policy. Before then, I had not done any research into the issue, or even really considered it at all. Understanding the law has made me aware that even though corporal punishment at my school was a sensational media story, the school's policy was legal. Ethically, however, I have concerns about corporal punishment and hope to advocate for a policy change. Although it is legal, that does not necessarily mean it is the best course of action for the children subjected to it.]]> 2022-07-23 01:52:05 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397473 Slide 13: Recommendations and Best Practices for Compliance lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397569
  • If school board policy does not explicitly allow corporal punishment, it should not be used under any circumstances.
  • Parents or guardians must have the option to prohibit the use of corporal punishment as a method of discipline for their child.
  • Even if consent has been given, parents or guardians must have the option revoke consent at any time.
  • Other discipline measures should be considered along with corporal punishment.
  • A witness must be present while corporal punishment is taking place.
  • School counselors should advocate for discipline measures that are equitable and evidence-based. This may mean advocating against corporal punishment.
  • School counselors should be available to students after corporal punishment has been administered.
    • ]]>     2022-07-23 01:52:36 UTC https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248397569     References lweber116 https://padlet.com/lweber116/mqwtourrl7wl4jpp/wish/2248429100 2 Tex. Educ. Code § 37.0011

    American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

    American School Counselor Association. (2019). The school counselor and corporal punishment. The School Counselor and Corporal Punishment - American School Counselor Association (ASCA). Retrieved from https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Corporal-Punishment#:~:text=ASCA%20Position,sensitive%20discipline%20policies%20and%20procedures.

    CBS4News Staff. (2022, May 12). Parents protest alleged corporal punishment at Frederick Douglass Elementary School. CBS4News. Retrieved from https://cbs4local.com/news/local/parents-protest-alleged-corporal-punishment-at-frederick-douglass-elementary-school-el-paso-independent-school-district 

    Ingraham v. Wright, 430 U.S. 651 (1977)

    Three Rivers Independent School District Student/Parent Handbook. (2020). Three Rivers, TX. Three Rivers Independent School District.

    UT News. (2021, June 29). Evidence against physically punishing kids is clear, researchers say. Retrieved from https://news.utexas.edu/2021/06/29/evidence-against-physically-punishing-kids-is-clear-researchers-say/ 
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