Corporal Punishment in the United States

Definition and Practical Information

Generally used to distinguish physical punishment such as imprisonment from pecuniary punishment such as a fine. For other meanings of it, read Corporal Punishment in the Legal Dictionary here.

The American Academy of Child & Adolescent Psychiatry describes “corporal punishment” as “a discipline method in which a supervising adult deliberately inflicts pain upon a child in response to a child’s unacceptable behavior and/or inappropriate language.” American Academy of Child & Adolescent Psychiatry, position statement on corporal punishment in schools (updated September 2014).

Corporal Punishment in Schools

In practice in some schools, the use of corporal punishment is harmful, ineffective, and often disproportionately applied to students of color and students with disabilities.

In-school corporal punishment generally entails school personnel intentionally inflicting pain on
a child as a punishment or in an attempt to change the child’s behavior.

Notably, the very acts of corporal punishment that are permissible when applied to children in schools under some state laws would be prohibited as criminal assault or battery when applied to adults in the community in those very same states. (see below)

States should also be aware that in-school corporal punishment is often not applied equally to all students. Rather, the use of in-school corporal punishment tends to be associated with
characteristics such as a child’s race, national origin, sex, and/or disability status. Significantly,
such disparities can raise concerns of unlawful race, national origin, sex, or disability
discrimination under federal law, although statistics alone would not end an inquiry. According
to the Department’s Civil Rights Data Collection (CRDC), over 110,000 students were subject to
corporal punishment in school during the 2013-2014 academic year.8 Yet in-school corporal
punishment and its related harm disproportionately impact students of color.

Based on the 2013- 2014 CRDC, approximately 40,000 — or more than one-third — of those students who were subjected to corporal punishment are black; black students, by comparison, make up only 16percent of the total public school student population.9 Similarly, in states where students were subjected to corporal punishment, black boys were 1.8 times as likely as white boys to be subject to corporal punishment, and black girls were 2.9 times as likely as white girls to be subject to corporal punishment.

Disparities in the use of in-school corporal punishment are not limited to race; boys and students with disabilities experience higher rates of corporal punishment. Based on the 2013-2014 CRDC, boys represented about 80 percent of all students experiencing corporal punishment.11 Similarly, in nearly all of the states where the practice is permitted,
students with disabilities were subjected to corporal punishment at higher rates than students
without disabilities.12 These data and disparities shock the conscience.

Research shows that children who experience physical punishment are more likely to develop mental health issues, including alcohol and drug abuse or dependence, mood disorders, anxiety disorders, and other personality disorders. (Afifi, T.O., et al., “Physical Punishment and Mental Disorders: Results from a Nationally Representative U.S. Sample,” Pediatrics, Volume 130, Number 2 (August 2012)).

In November 2016, the Secretary of Education sent a letter urging state leaders to end the use of corporal punishment in schools, a practice repeatedly linked to harmful short-term and long-term outcomes for students. The letter from the Secretary was sent to governors and chief state school officers and provided links to resources that can be promoted by those state leaders and adopted by district and school leaders.

States Legislation on Corporal Punishment in Schools

States have the power to change the use of corporal punishment in Schools. Twenty-eight states and the District of Columbia have banned corporal punishment. Statewide bans on corporal punishment were most recently enacted in Ohio in 2009 and New Mexico in 2011; additionally, many large urban school districts, like Atlanta, Houston, and Memphis, have banned corporal punishment even though the practice is still allowed in these districts’ states.

22 states allow the use of corporal punishment in their schools as a means to punish students or to otherwise influence student behavior. There are 22 states that either expressly permit in-school corporal punishment or where no state law prohibits it (as of March 2016). The 15 states that expressly permit corporal punishment are Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Wyoming. The seven states where no state law prohibits corporal punishment are Colorado, Idaho, Indiana, Kansas, Maine, New Hampshire, and South Dakota. The Department’s Compendium of School Discipline Laws and Regulations provides access to an online catalogue of the laws and regulations related to school discipline in each of the 50 states, the District of Columbia, and Puerto Rico and compares laws across states and jurisdictions.

In conclusion:

State permits corporal punishment: 15 states
State bans corporal punishment: 29 states
No reference in state laws: 7 states

Corporal Punishment State Statutes and Regulations

Alabama — 16-28A-1; 16-28A-5
Alaska — 07.010
Arizona — 15-843
Arkansas — 6-18-503; 6-17-112
California — ARTICLE 5 49000 – 49001
Connecticut — 53a-18
Delaware — Title 14, Section 702
District of Columbia — 2403.2
Florida — 1003.32
Georgia — 20-2-730; 20-2-731
Hawaii — 302A-1141; 703-309(2)
Illinois — 105 ILCS 5/24-24
Iowa — 280.21
Kentucky — KRS 158.148; 704 KAR 7:050
Louisiana — RS 17:223; RS 17:416.1; Administrative Code Title 28, Bulletin 741:1315
Maryland — 7-306; 13A.08.01.11
Massachusetts — Title XII/Chapter 71/Section 37G.
Michigan — 380.1312 (Act 451)
Minnesota — 121A.58
Mississippi — 37-11-57
Missouri — 160.261.1
Montana — 20-4-302
Nebraska — 79-295
Nevada — 388.478; 392.4633
New Jersey — 18A:6-1.
New Mexico — 22-5-4.3
New York — 19.5
North Carolina — 115C-390.4
North Dakota — 15.1-19-02
Ohio — 3319.41
Oklahoma — 70-24-100.4
Oregon — 339.250
Pennsylvania — 12.5
Rhode Island — 3.6
South Carolina — 59-63-260
Tennessee — 49-6-4103
Texas — 37.0011
Utah — 53A-11-802
Vermont — 16.025.1161a
Virginia — 22.1-279.1
Washington — 28A.150.300
West Virginia — 18A-5-1.
Wisconsin — 118.31
Wyoming — 21-4-308

Capital Punishment: Legal Aspects

Capital Punishment: Morality, Politics, and Policy;

Resources

Corporal Punishment in State Statute Topics

Introduction to Corporal Punishment (State statute topic)

The purpose of Corporal Punishment is to provide a broad appreciation of the Corporal Punishment legal topic. Select from the list of U.S. legal topics for information (other than Corporal Punishment).

Corporal Punishment

Corporal Punishment in the United States

Definition and Practical Information

Corporal Punishment in Schools

States Legislation on Corporal Punishment in Schools

Corporal Punishment State Statutes and Regulations

Capital Punishment: Legal Aspects

Capital Punishment: Morality, Politics, and Policy;

Resources

See Also

Further Reading (Books)

Further Reading (Articles)

Corporal Punishment in State Statute Topics

Introduction to Corporal Punishment (State statute topic)

Resources

Further Reading