State Laws on Corporal Punishment - Research Paper Example

? Laws on Corporal Punishment Introduction Over the years, corporal punishment has been practiced at objectionable rate in United States of America public schools. Some scholars have as well linked the huge rate of violence in some states in America with corporal punishment in the country’s public learning institutions. Therefore, the unacceptable nature of corporal punishment in American public schools reflects the existing huge gap between the present education policy that prohibits corporal punishment in public schools and the actual implementation of the policy. School based factors and family based factors are the core causes of the current gap between actual practices and policy statements. Family-based factors entails family acceptance of corporal punishment, lack of awareness on the existence of corporal punishment policy, lack of the knowledge on the necessary steps to take in protecting children against corporal punishment in public schools as well as the perception that family members does not have any role in protecting corporal punishment. On the other hand, school-based punishment is linked to public schools’ failure to enforce the existing role, lack of effective communication between parents and school administration and lack of valuable alternative for corporal punishment in America public schools. Various researchers have as well found out that, corporal punishment is to some extent associated with family acceptance of corporal punishment in schools as well as inadequate parental reporting of corporal punishment in America public schools (Marshall, 2012). In addition, various states in America have instituted various policies to abolish corporal punishment in public learning institutions. These policies are aimed at looking for an alternative means that can substitute the inhumane and conventional means of disciplining children in schools. Although corporal punishment is proclaimed to be one of the most effective means of reforming children behaviors, the methods have very severe side effects to children physical health, mental development as well as in social development. Policies to abolish corporal punishment in public schools have not only received support from policy makers, but have massive support from various organizations that aims at protecting human rights. Although United States of America has made noticeable progress in addressing challenges that are associated with corporal punishment in public schools, human rights activists have observed that, a lot of work need to be done in order to effectively protect children against violation of their basic right. Moreover, present corporal policies prohibit use of corporal punishment by teachers and other school administrators. According to the existing policies, any form of corporal punishment against students is illegal and anyone or professional who engages in such kind of punishment should face severe legal punishment. In addition to the existing policy that bans corporal punishment in schools, the country’s constitution has a provision that defines the role of federal government in regard to protecting children basic rights. By referring to the existing law, all children in the country ought to be brought up in a proper environment that enhances human dignity and freedom. According to United States of America constitution, everyone who is less than 18 years is children who require maximum protection from the government. As described by the existing policies, all America children must be protected from illegal or harmful practices as well as intentional physical injuries. As states in the existing law, nobody in the society including teachers or parent is entitled to corporally punish children (Rankin & Wells, 2011). However, although there are effective laws that protect children basic rights, the implementation of these policies has become a common hindrance towards the realization of the full benefit of these policies. Lack of effective implementation of corporal policies significantly reduced the impact of these policies in protecting children basic rights. To effectively implement corporal policy, teachers, parents and children are expected to be aware of the existing policy and the most effective means of implementing the policy. Moreover, to ensure transparency and accountability, teachers and public school implementers should educate children on the constituent of the policy as well as the laid down steps that should be used to deal with possible violation of the policy. Moreover, although teachers are presumed to be actual implementers of the policy, there is no formal means of informing them about their role in protecting the rights of their children. On the other hand, there is no effective and efficient means of informing parents on the existence of new policies of protecting children basic rights. Therefore , although there are other factors that protects effective implementation of corporal punishment policies in American public schools, lacks of effective communication channels can be linked to ineffective implementation of these policies(Miller, 2011). Although, the existing laws in United States of America that bans corporal punishment in America public schools, researchers have confirmed that corporal punishment is a common punishment tool in numerous public schools. Researchers have as well found out that, parents have very limited ability of protecting corporal punishment in public schools. Reporting of cases of corporal punishment in public schools mostly takes place when there is existence of serious physical injuries and deaths that result from corporal punishment. Although there are very limited cases that are associated with mental injuries, the available facts have found out that, corporal punishment has severe impacts on children mental development. On the other hand, some of the core factors that results to increased cases of corporal punishment despite of the existence of severe policy that bans this form of punishment entails social acceptance that is represented by parents and community members as well as administrative acceptance that is represented by teachers and school administrators. Other administrative facets that increased reliance on corporal punishment entails ineffective implementation of the policy, marginalization of the role of social workers, lack of effective alternative means of punishing children as well as lack of effective means of communication between teachers and family members. Social acceptance is advanced by lack of awareness, ineffective reporting channels and limited communications between teachers and parents (Prati, 2012). Methodology The study aims at investigating some of the key factors that have facilitated in the intensive use of corporal punishment in America public schools despite of the existence of policy that bans employment of corporal punishment in public schools. The study will specifically rely on data that will be collected from all stakeholders involved in corporal punishment including students, government institutions, teachers, policy makers, parents, and school administrators. On the other hand, to effectively understand the long term and short-term impacts of corporal punishment, the researchers will rely on qualitative methodology. This method will provide information on the possible side effects of corporal punishment. To get the factual numerical data on the level and nature of corporal punishment in United States of America public schools, the study will as well rely on quantitative research methodology. This method will be used to evaluate the numbers of reported cases regarding corporal punishment in public schools. Effective utilization of both qualitative and quantitative methodology will be very effective in examining how physical punishment can affect individual behaviors. In general, the research methodology is aimed at answering the research questions and offers a comprehensive explanation on the nature and impact of corporal punishment among United States of America children. Research Design The research will utilize various research designs. For a starter, the researchers will use research questionnaires that are designed to answer the research questions. The research questionnaire will be targeting to collect information from teachers, parents, school administrators, and children. Secondly, direct observation will be very essential in the study. Researchers will critically observe children behaviors before and after corporal punishment. Thirdly, literature review will as well be incredibly effective in enhancing the understanding of the current nature and impact of corporal punishment in American public schools. On the other hand, interview is also expected to play a very critical role in unearthing the nature of corporal punishment in United States of America public schools. Data Collection Method The research mainly relies on survey on public school students as well as students who have completed their schoolwork. Moreover, the study will focus on teachers, parents, school administrators, and policy makers. The study will use 100 questionnaires that will contain precise questions. Focusing on students who have completed their schoolwork will be effective in allowing researcher to approach the issue in evaluative angle based on children memory on corporal punishment. On the other hand, the researchers will collect data from 100 parents from various learning institutions. The study will focus on almost equal number of parents who take their children in both private and public American schools. The researchers will also interview 100 teachers and school administrators from both private and public schools. The aim of relying on teachers from both private and public schools will be compare and contrast attitudes and practices in each school type. In relation to students, the study will focus at examining 100 students who are between the age of 10 years and 20 years. Students will be collected from both private schools and public schools. Population and Sampling The study sampling will be consistent with the target group that practice or exposed to corporal punishment that is teachers, children, and parents. In this study, teachers are expected to provide an overview on the aim and objective of corporal punishment in dealing with children’s behaviors. On the other hand, parents are supposed to provide the most essential family based factors that results to increased corporal punishment in United States of America public schools. Children are expected to demonstrate the outcome of corporal punishment to their mental and physical health. Therefore, the sampling is aimed at getting the perception of each party on the impact and nature of corporal punishment in American public schools. Confidentiality and Consent To ensure confidentiality, the research will not use the actual identification of the respondent. On the other hand, before participating in the study, respondents will be effectively informed on the aim and objectives of the study. In addition, the respondents will be allowed to choose specific location where the interview will take place. In case of recording, the respondents will be adequately informed on the recording method that will be used in the study. Moreover, prior to participating in the study, all respondent will be required to sign the consent form. This form will be an indication that the respondents understand the goals and objective of the study. In addition, signing of the consent form will be an indication that, respondents understand their right and role in the study. Geographical Location Respondents will be expected to select the most effective places to participate in the study. Literature review will be undertaken in pubic and public school libraries. Internet services will as well be very essential in the study. The study as well targets middle class and low class estates. This is due to the facts that, cases of corporal punishment in public schools in America are more prone in middle class and low class states. Moreover, undertaking researches in middle and low class estates will enhance effective comparison on the nature and impact of corporal punishment in various social settings. In regard to direct observation, the study will focus on American public learning institutions as well as private learning institutions. Instrument Validity and Reliability Instrument reliability and validity is one of the most essential aspects in this study. The study intends to utilize various instruments to enhance quality of the study. To facilitate the validity of the instrument that will be used in the study, the researcher intends to compare and contrast the findings of the study with the study from other researchers. On the other hand, in an attempt to ensure reliability of the study, the study will undertake various studies by using various tools. This will offers a platform of rectifying possible shortfalls of the instrument and the study. Before, structuring tools that will be used in the study, the researchers will undertake intensive researches in order to come with the most effective and reliable tool. Testing and re-testing of the instrument outcome will be very essential in examining and enhancing reliability of the instruments used in the study. Summary Based on the available information, it is factual to state that, there is very close relationship between administrative acceptance and current nature of corporal punishment in American public schools. Teachers and school administrators assumes that, corporal punishment is the only effective ways of punishing children in public learning institutions. Moreover, schools administrators do no deal effectively with parents complains. There is also ineffective communication between parents and teachers in regard to children punishment. Lack of effective and immediate sanction on teachers and other school administrators who violate the existing policy on corporal punishment can as well be associated with corporal punishment (Lenta, 2012). On the other hand, the existing literature review has found a very close relationship between social acceptance and corporal punishment both in school and at home. Incidences such as approval of corporal punishment in America schools by parents, poor follow up and lack of effective mechanism of reporting cases of corporal punishment have also significantly contributed to the increasing cases of corporal punishment in public schools in America. Moreover, although corporal punishment is seen as useful means of punishing children, a good number of parents and policy makers do not recognize corporal punishment as the most effective mean of punishing children. Therefore many stakeholders in education sector prefers the adoption of another more effective means of punishing children in America public learning institutions. Based on the available literature, corporal punishment has a very critical role in triggering violence among students. In addition, corporal punishment creates create grudge against school administrators and teachers thus forcing students to challenge teachers. It is in the light of the above argument that defines the importance of implementing the existing policies on corporal punishment. References Lenta, P. (2012). Corporal Punishment of Children. Social Theory & Practice, 38(4), 689-716. Marshall, M. (2012). Discipline without stress, punishments, or rewards: How teachers and parents promote responsibility & learning. Los Alamitos, Calif: Piper Press. Miller, P. H.. (2011). Theories of developmental psychology. New York: Worth Publishers. Prati, G. (2012). A Social Cognitive Learning Theory of Homophobic Aggression Among Adolescents. School Psychology Review, 41(4), 413-428. Rankin, J. H., & Wells, L. E. (Eds.). (2011). Social control and self-control theories of crime and deviance. Surrey, UK: Ashgate Pub. Read More