Ending Corporal Punishment in Kentucky Public Schools December 2011
A learning environment that is safe and nurturing is necessary for all children to grow and thrive in school. For children in schools that use corporal punishment, or physical force, as a form of discipline, the classroom can become a threatening environment. The use of corporal punishment in schools instills fear, anxiety and distrust of educational institutions. While the number of children in the United States experiencing corporal punishment at school has fallen from an estimated 342,000 in 2000 to an estimated 223,190 children in 2006, 1 there are still 19 states in which corporal punishment is still legally allowed in schools. 2 Kentucky law permits corporal punishment in Kentucky public schools. 3 Local boards of education determine the exact guidelines for use of corporal punishment in their districts, meaning that children are at differing risks of corporal punishment depending on the school district in which they live. Number of Corporal Punishment Incidences in Kentucky Public Schools by District, SY 2009 2010 Source: Kentucky Department of Education. During the 2009 2010 school year, 1,581 incidences of corporal punishment occurred in 42 Kentucky public school districts. 4 Certain student subgroups are overrepresented in the use of corporal punishment, meaning some children are more likely to experience corporal punishment based on their gender, age, socioeconomic status and special educational needs. The decision whether or not to use corporal punishment against a student, instead of a less severe disciplinary action, is largely subjective. Kentucky follows the national trend in which students with special education needs are more often Kentucky Youth Advocates 1
subjected to corporal punishment. 5 Thirteen percent of Kentucky s public school students have special education needs, 6 yet more than one third (38 percent) of the 1,581 uses of corporal punishment involved these students. 7 This disparate treatment could in part be due to punishing students for behaviors related to their disability. 8 Kentucky also follows the national trend of using corporal punishment against males more often than female students, 9 with nearly 9 out of 10 occurrences in Kentucky s public schools involving boys. 10 Also, the majority of corporal punishment incidences (64 percent) occurred to students in elementary schools (Kindergarten through 5th grade), and students from low income families eligible for free or reduced price meals were overrepresented at 81 percent. 11 Schools utilize corporal punishment on students in Kentucky public schools in response to a wide variety of student misbehavior. Many children in Kentucky have received corporal punishment for minor offenses such as disruptive behavior, dress code violations, tardiness, and failure to follow instructions. 12 More than fifty respected national organizations condemn corporal punishment as an ineffective form of discipline in schools, including the American Academy of Pediatrics, the American Medical Association, the National Association of State Departments of Education, the National Association of Elementary School Principals, and the National Association of Secondary School Principals. 13,14 Corporal punishment is prohibited in Kentucky in other institutions that care for children, including child care facilities, foster care homes and group homes, as well as correctional institutions. 15,16 Research shows that even though corporal punishment changes child behavior in the immediate, it is associated with long term negative behaviors such as aggression and delinquency. 17,18 Corporal punishment in schools has been deemed an ineffective method of discipline that can have negative effects on student s physical and mental health, and reinforces using physical aggression as an acceptable way of eliminating unwanted behavior. 19 Other concerns arise with corporal punishment as well. Serious injuries and even death can, and have, occurred in the United States when corporal punishment in schools is taken too far. 20 The use of corporal punishment is also a liability risk for schools and may have an impact on insurance costs for school districts. 21 Effective Approaches to Discipline Many programs have proven successful in maintaining discipline in the classroom without resorting to corporal punishment. In fact, positive discipline strategies can improve safety and outcomes for all children in the classroom. 22 Alternative discipline strategies can be integrated to support students, support teachers, support parents, and change the school and classroom environment. 23 Examples include: Establish clear behavioral expectations and guidelines and encourage disciplinary consequences that are meaningful to students and have an instruction and reflection component. Encourage consistent, fair, and calm enforcement of rules at the individual, class, and school levels. Kentucky Youth Advocates 2
Monitor school and classroom environments continuously to facilitate early detection of difficulties and facilitate proactive problem solving to address behavior difficulties. Provide information on effective discipline programs and resources to parents, other mental health professionals, and school personnel Provide inservice programs on communication, classroom management, understanding of behavior and individual differences, and alternative ways of dealing with misbehavior. Provide parenting classes on effective discipline, particularly as it relates to such issues as homework, school grades, peers, learning programs, developmental expectations, and undesirable behavior. 24 The Kentucky Center for Instructional Discipline has been working with school districts and schools in Kentucky to implement Positive Behavioral Interventions and Supports (PBIS), a decision making framework that guides selection, integration, and implementation of the best evidence based academic and behavioral practices for improving important academic and behavior outcomes for all students. 25 Schools participating in implementing PBIS in Kentucky have seen drops in middle school and high school suspensions and major disciplinary infractions, and high schools have seen a reduction in dropout rates. 26 Ending Corporal Punishment in Schools Across the United States, fewer schools are using corporal punishment, and a number of efforts are underway to end its use. At the federal level, Congressional Representative Carolyn McCarthy (NY) introduced H.R. 3027 in 2011, a federal bill to ban school corporal punishment. 27 The number of states continues to grow as more states realize corporal punishment is not an effective form of discipline in schools. In 2011, New Mexico became the 31st state to abolish corporal punishment in schools. 28 Most school districts in Kentucky do not utilize corporal punishment as a form of discipline. The number of corporal punishment incidences in Kentucky public schools decreased by 49 percent from 2005 to 2009, yet more than 1,500 students received this type of discipline in the 2009 10 school year. 29,30 State policies and local school district policies should be changed to end this practice in Kentucky. Recommendations Children need to feel safe in their learning environment to succeed in school. Corporal punishment in schools is an ineffective method of discipline and causes many negative consequences for students. The following recommendations encourage effective discipline techniques and promote a safe learning environment for children. 1. Prohibit the use of corporal punishment in all Kentucky public schools, or at a minimum require districts to allow parents to opt out of permitting corporal punishment of their children. 2. Promote effective alternative forms of discipline for use in schools. Kentucky Youth Advocates 3
Use of Corporal Punishment in Kentucky Public Schools, SY 2009 2010 (number & rate per 100 students) Number Rate Number Rate Number Rate Kentucky 1,581 0.24 Grant Co. 0 * Menifee Co. 0 * Adair Co. 0 * Williamstown Ind. 0 * Mercer Co. 0 * Allen Co. 4 * Graves Co. 0 * Burgin Ind. 0 * Anderson Co. 0 * Mayfield Ind. 0 * Harrodsburg Ind. ** ** Ballard Co. 0 * Grayson Co. 1 * Metcalfe Co. 0 * Barren Co. 0 * Green Co. 0 * Monroe Co. 4 * Caverna Ind. 0 * Greenup Co. 25 0.81 Montgomery Co. 1 * Glasgow Ind. 0 * Raceland Ind. 16 1.44 Morgan Co. 3 * Bath Co. 2 * Russell Ind. 0 * Muhlenberg Co. 0 * Bell Co. 100 3.25 Hancock Co. 0 * Nelson Co. 0 * Middlesboro Ind. 0 * Hardin Co. 0 * Bardstown Ind. 0 * Pineville Ind. 0 * Elizabethtown Ind. 0 * Nicholas Co. 0 * Boone Co. 0 * West Point Ind. 2 * Ohio Co. 0 * Walton Verona Ind. 0 * Harlan Co. 72 1.71 Oldham Co. 0 * Bourbon Co. 0 * Harlan Ind. 0 * Owen Co. 0 * Paris Ind. 0 * Harrison Co. 0 * Owsley Co. 1 * Boyd Co. 0 * Hart Co. 0 * Pendleton Co. 0 * Ashland Ind. 0 * Henderson Co. 0 * Perry Co. 58 1.34 Fairview Ind. 29 3.56 Henry Co. 0 * Hazard Ind. 20 2.11 Boyle Co. 0 * Eminence Ind. 0 * Pike Co. 263 2.64 Danville Ind. 0 * Hickman Co. 0 * Pikeville Ind. 0 * Bracken Co. 0 * Hopkins Co. 3 * Powell Co. 0 * Augusta Ind. 0 * Dawson Springs Ind. 0 * Pulaski Co. 90 1.1 Breathitt Co. 1 * Jackson Co. 0 * Science Hill Ind. 0 * Jackson Ind. 0 * Jefferson Co. 0 * Somerset Ind. 0 * Breckinridge Co. 4 * Anchorage Ind. 0 * Robertson Co. 0 * Cloverport Ind. 0 * Jessamine Co. 0 * Rockcastle Co. 2 * Bullitt Co. 0 * Johnson Co. 5 * Rowan Co. 0 * Butler Co. 19 0.91 Paintsville Ind. 0 * Russell Co. 171 5.7 Caldwell Co. 22 1.08 Kenton Co. 0 * Scott Co. 0 * Calloway Co. 0 * Beechwood Ind. 0 * Shelby Co. 0 * Murray Ind. 0 * Covington Ind. 0 * Simpson Co. 0 * Campbell Co. 0 * Erlanger Elsmere Ind. 0 * Spencer Co. 0 * Bellevue Ind. 0 * Ludlow Ind. 0 * Taylor Co. 0 * Dayton Ind. 0 * Knott Co. 6 0.23 Campbellsville Ind. 0 * Fort Thomas Ind. 0 * Knox Co. 0 * Todd Co. 2 * Newport Ind. 0 * Barbourville Ind. 0 * Trigg Co. 0 * Silver Grove Ind. 0 * Larue Co. 0 * Trimble Co. 0 * Southgate Ind. 0 * Laurel Co. 0 * Union Co. 0 * Carlisle Co. 0 * East Bernstadt Ind. 0 * Warren Co. 0 * Carroll Co. 0 * Lawrence Co. 4 * Bowling Green Ind. 0 * Carter Co. 2 * Lee Co. 0 * Washington Co. 0 * Casey Co. 0 * Leslie Co. 0 * Wayne Co. 0 * Christian Co. 0 * Letcher Co. 0 * Monticello Ind. 58 6.73 Clark Co. 0 * Jenkins Ind. 0 * Webster Co. 0 * Clay Co. 0 * Lewis Co. 0 * Providence Ind. ** ** Clinton Co. 71 4.02 Lincoln Co. 83 2.01 Whitley Co. 0 * Crittenden Co. 7 0.52 Livingston Co. 0 * Corbin Ind. 0 * Cumberland Co. 0 * Logan Co. 0 * Williamsburg Ind. 15 1.96 Daviess Co. 0 * Russellville Ind. 0 * Wolfe Co. 0 * Owensboro Ind. 0 * Lyon Co. 0 * Woodford Co. 0 * Edmonson Co. 0 * McCracken Co. 0 * Elliott Co. 33 2.89 Paducah Ind. 0 * Estill Co. 0 * McCreary Co. 187 5.68 Fayette Co. 0 * McLean Co. 0 * Fleming Co. 71 2.95 Madison Co. 0 * Floyd Co. 86 1.35 Berea Ind. 0 * Franklin Co. 0 * Magoffin Co. 0 * Frankfort Ind. 0 * Marion Co. 0 * Fulton Co. 3 * Marshall Co. 5 * Fulton Ind. 3 * Martin Co. 27 1.22 Gallatin Co. 0 * Mason Co. 0 * Garrard Co. 0 * Meade Co. 0 * Data Note: A student may have been disciplined by corporal punishment more than once throughout the school year. Independent school districts are listed after the school district for the county in which they are located. Source: Kentucky Department of Education website. * Rates were not calculated for counties with fewer than 6 occurrences. ** District merged with county school district. Kentucky Youth Advocates 4
1 Data obtained from U.S. Department of Education. Civil Rights Data Collection. Available at http://ocrdata.ed.gov/downloads.aspx. Accessed December 2011. 2 The Center for Effective Discipline (2010). U.S.: Corporal Punishment and Paddling Statistics by State and Race. Available at http://www.stophitting.com/index.php?page=statesbanning. Accessed December 2011. 3 Kentucky Legislative Research Commission. Kentucky Revised Statutes 160.345 and 503.110. Available at http://www.lrc.ky.gov/krs/titles.htm. Accessed December 2011. 4 Data obtained from the Kentucky Department of Education, August 2011. 5 Human Rights Watch and American Civil Liberties Union (2009). Impairing Education: Corporal Punishment of Students with Disabilities in US Public Schools. Available at http://www.hrw.org/sites/default/files/reports/us0809web_0.pdf. Accessed December 2011. 6 May, D. and Chen, Y. (2011). Kentucky 2010: Eleventh Annual Safe Schools Data Project. Kentucky Center for School Safety. Available at http://www.kysafeschools.org/clear/pdfs docs/2010%20report/final%202009 10%20data%20report%20 %20no%20watermark.pdf. Accessed December 2011. 7 Data obtained from the Kentucky Department of Education, August 2011. 8 Human Rights Watch and American Civil Liberties Union (2009). Impairing Education: Corporal Punishment of Students with Disabilities in US Public Schools. Available at http://www.hrw.org/sites/default/files/reports/us0809web_0.pdf. Accessed December 2011. 9 Human Rights Watch and American Civil Liberties Union (2008). A Violent Education: Corporal Punishment of Children in US Public Schools. Available at http://www.hrw.org/sites/default/files/reports/us0808_1.pdf. Accessed December 2011. 10 Data obtained from the Kentucky Department of Education, August 2011. 11 Ibid. 12 Ibid. 13 The Center for Effective Discipline (2008). U.S. Organizations Opposed to School Corporal Punishment. Available at http://www.stophitting.com/index.php?page=usorgs. Accessed December 2011. 14 American Academy of Pediatrics (2000). Corporal Punishment in Schools. Pediatrics, vol. 106, no. 2. Available at http://aappolicy.aappublications.org/cgi/reprint/pediatrics;106/2/343. Accessed December 2011. 15 The Center for Effective Discipline (2009). Family and Child Care Laws. Available at http://www.stophitting.com/index.php?page=statelegislation#kentucky. Accessed December 2011. 16 Global Initiative to End All Corporal Punishment of Children (2011). Individual State Reports: United States of America. Available at http://www.endcorporalpunishment.org/pages/frame.html. Accessed December 2011. 17 Gershoff, E. (2002). Corporal Punishment by Parents and Associated Child Behaviors and Experiences: A Meta Analytic and Theoretical Review. Psychological Bulletin, vol. 128, no.4. Washington, D.C.: American Psychological Association. 18 Hyman, I. and Perone, D. (1998). The Other Side of School Violence: Educator Policies and Practices That May Contribute to Student Misbehavior. Journal of School Psychology, vol. 36, no. 1. Memphis, TN: Society for the Study of School Psychology. 19 Society for Adolescent Medicine 2002 2003 Ad Hoc Corporal Punishment Committee (2003). Corporal Punishment in Schools: Position Paper of the Society of Adolescent Medicine. Journal of Adolescent Health, vol. 32, no. 5. Available at http://www.adolescenthealth.org/am/template.cfm?section=position_papers&template=/cm/contentdisplay.cf m&contentid=1467. Accessed December 2011. 20 Ibid. 21 National Association of Secondary School Principals. NASSP Board Position Statement: Corporal Punishment. Available at http://www.principals.org/content.aspx?topic=47093. Accessed December 2011. 22 National Association of School Psychologists (2002). Fair and Effective Discipline for All Students: Best Practice Strategies for Educators. Available at http://www.nasponline.org/communications/spawareness/effdiscipfs.pdf Accessed December 2011. 23 National Association of School Psychologists (2006). Corporal Punishment. (Position Statement). Available at http://www.nasponline.org/about_nasp/positionpapers/corporalpunishment.pdf. Accessed December 2011. 24 Ibid. Kentucky Youth Advocates 5
25 Kentucky Center for Instructional Discipline (2010). Kentucky PBIS Network Data Report 2010. Available at http://www.kycid.org/index.php?option=com_docman&task=cat_view&gid=85&itemid=88. Accessed December 2011. 26 Ibid. 27 112 th Congress (2011 2012), H.R. 3027. Available at http://thomas.loc.gov. Accessed December 2011. 28 National School Boards Association (2011). New Mexico bans corporal punishment in schools. Available at http://legalclips.nsba.org/?p=5832. Accessed December 2011. 29 May, D. and Chen, Y. (2010). Kentucky 2009: Tenth Annual Safe Schools Data Project. Kentucky Center for School Safety. Available at http://www.kysafeschools.org/clear/pdfs docs/2009report/datareport09.pdf. Accessed December 2011. 30 Data obtained from the Kentucky Department of Education, August 2011. Kentucky Youth Advocates 6