State Laws on Corporal Punishment in Public Schools - Research Paper Example

Discipline: Laws on Corporal Punishment in Public Schools Discipline: Laws on Corporal Punishment in Public Schools Context of the Problem There is a consensus among teachers, parents, educators, and children that discipline and good conduct are critical for students’ academic success and future life. However, there seem to be debates on which are the best approaches of instilling discipline among students, particularly in the public schools. There are those who hold the view that corporal punishment is a proved and tested way of achieving this end (Dayton, 2009). There are those who believe that corporal punishment should not be allowed in public schools as a way of instilling discipline and good conduct among students in public schools. The opponents of corporal punishment argue that it is an ineffective, brutal, and cruel way of ensuring that students in public schools are disciplined and are of good conduct (Kant and March, 2009). Several researchers have found out that corporal punishment within both the family and school settings can significantly reform children’s behaviors. This argument is supported with research findings by the National Centre for Educational Research and the National Centre for Social and Criminal which concluded that corporal punishment is the preferred punishment mode among teachers and parents. 70 percent of the students that were interviewed during the research reported to have experienced exposure to corporal punishment in school. Also, a significant percentage of 42 percent reported to have enough exposure to corporal punishment at their homes (Alexander and Alexander, 2012). Considering the preference of corporal punishment by some parents and teachers, and argument against it by others, this issue has remained controversial over time. Studies have found out that those parents who prefer corporal punishment as a mode of punishment will be comfortable if such punishment is meted on their children in school (Bloom, 2010). On the other hand, majority of parents who do not use corporal punishment at home may not be comfortable if it is applied to their children at school. Factors such as poor school management, depression, drug abuse, and peer pressure contribute to poor conduct and indiscipline among students in public schools in the United States. Recent years have witnessed increasing indiscipline among students, a situation that has prompted educational stakeholders to evaluate various options of disciplining children. Corporal punishment is often touted as one of the best options of instilling good conduct and discipline among students (Dayton, 2009). Despite corporal punishment being appreciated as one of the best alternatives of instilling discipline among students, there have been increasing complaints regarding this approach. It has been argued that teachers in public schools rely more on corporal punishment than other approaches of disciplining students because most of them lack necessary skills to apply other means of punishing students (Kant and March, 2009). Corporal punishment is a traditional approach of instilling good conduct and discipline to students, and most teachers are yet to acquaint themselves with modern means of doing so, such as building strong teacher-student relationship. Intensive researches conducted by scholars on this subject have focused on the nature, merits, and demerits of corporal punishment as a way of enhancing good conduct and discipline in public schools. Most of them have given the school-based and family-based facets to this topic. Scholars and educators are not the only ones who have paid significant attention to this subject; legislators have focused on it as well both at the federal and state level (Alexander and Alexander, 2012). Some states have banned corporal punishment in public schools but others have not. Due to the fact that some US states have banned corporal punishment in public schools and others have not, it is critical to get insights on the effect of their respective position on the topic, as well as on students’ discipline and conduct (Cambron-McCabe and McCarthy, 2009). Besides, it is important to critically examine if certain groups of students in public schools are more likely to be paddled compared to others. Such an examination is critical because available statistics indicate that the Hispanic and Black students are more probable to be spanked or paddled in public schools compared to their white counterparts (Alexander & Alexander, 2012). Findings from such an examination will be critical in providing insights as to why the minority groups, particularly the Blacks and Hispanics, are reluctant to consent to corporal punishment. The completed work of this research will contain the detailed description of the status or condition of state laws on the corporal punishment in all US states. Additionally, it will contain a well-detailed explanation of these state laws’ impact on conduct and discipline of students in public schools in respective states. Statement of the Problem Like many societies around the world, America is faced with the challenge of indiscipline among students. This situation is attributed to, among other factors, easy access to the Internet and reduced time spent with parents (Dayton, 2009). It is for this reason that there has been an ongoing discussion among all educational stakeholders including teachers, parents, educators, and even students on which approach is the best to address this challenge. Among those suggestions fronted is initiation of regular interactions between parents and other stakeholders on fair and effective ways of not only disciplining students, but also rewarding disciplined students (Cambron-McCabe and McCarthy, 2009). Various studies have found out that teachers are the primary perpetrators of corporal punishment in public schools. It is for this reason that this topic has been a subject of debate among legislators in all states as they try to find appropriate way of addressing the challenge of indiscipline in their respective states (Kant and March, 2009). It has been argued that while the primary intention of corporal punishment is to instill good conduct and discipline among students, it can sometimes achieve unintended ends. Opponents of corporal punishment argue that its constant application on children has the potential of increasing violence level among students (Bloom, 2010). Also, they argue that it can increase the possibility of students to engage in crime because some of them will be forced to drop out of school for being scared of corporal punishment. Along with that, students who are consistently subjected to corporal punishment tend to express their anger by committing criminal activities such as deviating from school regulations and rules, molesting other students, and destroying school property. Another unintended end of corporal punishment is that it can lead to poor academic performance among students. In a nutshell, Cambron-McCabe and McCarthy (2009) argue that employment of corporal punishment in public schools can lead to unintended consequences such as increased rates of school drop outs, poor academic performance, poor student-teacher relationship, and destruction of school property among others. Each state in the US has some legislation on corporal punishment in public schools. At the moment, 31 states have banned corporal punishment in public schools. The District of Columbia has banned the practice as well. In some states such as New Jersey and Iowa, corporal punishment is regarded as illegal altogether. New Jersey was the first to ban the practice in 1971, while New Mexico is the latest in 2011 to ban it (Alexander and Alexander, 2012). However, most of the Southern states are yet to ban corporal punishment in public schools. It should however be noted that in many schools, private schools are exempted from the ban and have a discretion of employing corporal punishment or not (Dayton, 2009). It should also be remembered that the minority communities are still reluctant to consent to corporal punishment in public schools because of the statistics which indicates that they are more likely to be paddled compared to their whites colleagues. A recent study in Kentucky, for example, has found out that the minority students were besieged inexplicably by the corporal punishment policies. Another key concern is the finding that boys are paddled more than girls; federal statistics indicates that 80% of those paddled are boys. This trend is attributed to the argument that most of the boys’ misconduct calls for corporal punishment (Alexander and Alexander, 2012). Purpose of the Problem Even though corporal punishment has been common in many schools around the world, there is increasing illegalization of the practice around the world in recent years. For example, in countries such as Japan, South Africa, New Zealand, and Canada, corporal punishment has been illegalized (Bloom, 2010). The same trend has been witnessed in the United States, where 31 states have banned corporal punishment in public schools. There have been raging debates over the years, especially after the US Supreme Court ruled in the case of Ingraham v. Wright (1977), that corporal punishment did not in any way infringe the Constitutional provisions on cruel and abnormal punishment (Kant and March, 2009). In the light of differing arguments for and against corporal punishment as a mean of instilling good conduct and discipline in school, it is critical to examine the whole subject of corporal punishment in US public schools. In particular, the focus is on examining the position of various states on the subject and the impact that such positions have on discipline, and conduct of students in public schools in respective states. Also, there is need to explore the subject in the light of rising global concerns on issue of human rights (Cambron-McCabe and McCarthy, 2009). It is worth noting that the Supreme Court of the United States has not decided yet on the subject using the federal law and the constitution, as well as the states clauses. It is also worth noting that while paddling has been in existence in most of the Southern states, there has been intense decline of paddling in the past two decades (Bloom, 2010). This raises an important question of whether it is necessary to continue having laws that allow for corporal punishment in public schools in those states. It is in the light of these issues that this research will discuss state laws on corporal punishment, student conduct and discipline in US public schools (Dayton, 2009). It will further draw its content from aspects that focus on traditional and modern culture revolving around corporal punishment in the United States. In addition, this study will be more unique compared to other studies because it will focus on the latest data in respect to the corporal punishment cases and the efforts made to either support or ban the practice in US public schools. Research Questions While the practice of corporal punishment in US public schools is declining, it has not disappeared entirely from all the states and by extension public schools in the country. This can be attributed significantly to the US Supreme Court landmark ruling in 1977 where it was held that paddling by public schools was not unlawful as long as the practice had not been outlawed explicitly by the local authorities (Alexander and Alexander, 2012). In states where corporal punishment is permitted, educators use corporal punishment as one of the ways of disciplining students in public schools. In a bid to have a better understanding of the subject of discipline in public schools, and especially the position of state laws on corporal punishment vis-à-vis students’ discipline and conduct, descriptive research design will be employed. Descriptive research design is chiefly used in collecting and obtaining information about the present or current status of a phenomenon being studied (Babbie, 2010). This type of research design describes what is known or exists about particular variables or conditions in a situation. It is preferred because it will help obtain answers to research questions relating to corporal punishment in the public schools in the country. This research will employ mixed research methodology; in other words, both qualitative and quantitative research methods will be applied in the study. It is argued that this approach is the best because it increases the validity, credibility, and reliability of research. The study will strive to answer the following research questions: a) What are the different legal positions held by states on corporal punishment/ students conduct and discipline in the US public schools? b) In what ways do these positions impact on conduct and discipline of students in the US public schools in specific states? c) How do educators and students view the state laws on the subject in their respective states? Significance of the study It is no doubt that corporal punishment in America public schools has become an issue of great concern among stakeholders in recent years. While corporal punishment has some advantages, it may have severe impact on the physical and mental health of learners. Besides, it is reported to interfere on learners’academic performances to a greater extent. There is evidence of increasing cases of mental complications associated with corporal punishment (Bloom, 2010). It is for this reason that many states have found it necessary to restrict the use of corporal punishment not only in schools but also at homes (Dayton, 2009). Considering the grim effect of corporal punishment, particularly on mental and physical health of students, a research aimed at evaluating state laws and regulations on corporal punishment timely and essential at the same time. This study will no doubt play a fundamentally critical role in making sure that the existing laws and regulations regarding corporal punishment are implemented fully and accordingly. In addition, it will help parents, teachers, and students to understand their duties, rights and enlighten them on these laws and regulations. Moreover, the study and evaluation on state laws on corporal punishment will be exceptionally critical in helping to deal with the rising cases of indiscipline and unbecoming behaviors in US public schools. Research Methodology & Research Design In-depth and effective research methodology and research design are vital in this study to unravel controversies surrounding it. Mixed methodology (qualitative and quantitative research methodologies) will be the most appropriate in obtaining research information necessary in responding to the research questions. Besides, it will help enhance the credibility, reliability, and validity of the research results (Babbie, 2010). The use of both the qualitative and quantitative research methods will be more effective in providing in-depth, numerical and factual information regarding the nature and impact of corporal punishment in US public schools. In respect to research design, descriptive research design will be employed. Babbie (2010) explains that it is used in collecting and obtaining information about the present or current status of a phenomenon being studied. It is used to describe what is known or exists about particular variables or conditions in a situation. It is preferred because it will help obtain answers to research questions relating to corporal punishment in the public schools. Organization of the Study The study will be organized in three main chapters: introduction, literature review, and methodology. Introduction chapter will provide background information regarding the problem, highlight the problem of the statement as well as research questions. The literature review chapter will contain information from relevant literature relating to the subject under study. Under this chapter, the topic will be justified and proof be made of why it is necessary to conduct this study in the light of existing literature regarding the subject. The final chapter will be methodology. This chapter will entail explanation of research methods and design that will be used in the study. In addition, it will explain the research analysis techniques that will be employed and how research findings/results will be used. Assumptions of the study The process of instilling discipline is complicated process among parents and school officials. Parents and school officials are always on a crisscross on whether to adopt corporal punishment as a form of instilling discipline and good conduct. Corporal punishment is a less punitive and more proactive measure of punishment compared to other disciplinary measures like suspension which are more punitive and reactive. Rates of indiscipline cases in public schools have increased in United States, particularly in the states that have prohibited the use of corporal punishment as a way of instilling discipline and good conduct. Huge variation exists in the severity of offenses that lead to other types of punishment; the nature of corporal punishment depends mainly on the magnitude and tendency of the offense. References Alexander, K., & Alexander, M. D. (2012). American public school law. Belmont, CA: Wadsworth Cengage Learning. Babbie, E. R. (2010). The practice of social research. Belmont, Calif: Wadsworth Cengage. Bloom, S. (2010). “Spare the Rod, Spoil the Child? A Legal Framework for Recent Corporal Punishment Proposals.” Golden Gate University Law Review, 2.5: 91-101. Cambron-McCabe B. & McCarthy, M., (2009). Student discipline and access to equal educational opportunities in the United States. Perspectives in Education, 22(3), 89- 98. Dayton, J. (2009). “Corporal Punishment in Public Schools: The Legal and Political Battle Continues.” Education Law Reporter, 8.9: 1-13. Kant, A. R., & March, R. E. (2009). Effective strategies for addressing challenging behaviour in schools. AASA Journal of Scholarship & Practice, 1(3), 3-6. Read More