Corporal Punishment
When I began my career in education some 20 years ago I was familiar with corporal punishment mainly from my own experience as a student. At the beginning of my career, I was teaching in the East Baton Rouge School District and the practice was seldom used. However, shortly after I began my career, we moved to a rural area of West TN. At that time the use of corporal punishment was the go-to method of dealing with disrespect or disobedience.
Reflecting is was not drastically abused and the teachers and administrators were oftentimes more likely to choose another discipline method than the parents or even the students. I can remember many occasions when as a principal I would call a parent concerning an issue only to be told to “wear them out and they would take care of it again when the child got home”. Even as a teacher I can remember telling a parent on a parent-teacher night that I appreciated their support and I knew I could call them if there was ever a problem. Oftentimes their response was, "you don't have to call me just take care of it." We both knew exactly what they meant. The kids, at least the majority viewed it almost as a right of passage. They grew up hearing adults telling about crazy things they did and then exaggerated stories of how they were called down to the office on Friday (the old punishment day) to pay their dues. Regardless, with time the practice has all but ceased except for a few older principals that still use corporal punishment. I'll have to admit, even at the end of my time as an administrator, the kid's knowledge that it could be used was just as an effective deterrent as the actual use. However, before I left the office, I no longer used corporal punishment and in cases in which the child and the parent wanted that method of discipline, I would refer them to another administrator. In short, the number of parents that supported corporal punishment was dropping and without that support, it diminished the effect.
QUESTION:
1. IS CORPORAL PUNISHMENT LEGAL IN TN?
a. YES. Public school districts that have adopted a local policy allowing the use of corporal punishment may use it according to their policies. Tenn. Code Ann. § 49-6-4101
b. Without the express permission of the local school board, an administrator or teacher is not permitted to use corporal punishment.
2. AND IF SO WHAT IS REQUIRED OF SCHOOLS THAT USE IT?
a. School officials as designated by the local policy not to exceed Tenn. Code Ann. § 49-6-4103, may use corporal punishment.
b. Parents should be given the opportunity to opt-out of corporal punishment.
c. Use must be reasonable and for good cause.
d. Schools should maintain records including Tenn. Code Ann. § 49-6-4108
i. Instance and reason that punishment was used;
ii. Whether the student in question has a disability or under a 504 plan;
iii. The report shall be submitted annually.
e. If the student has a disability (IEP), the school SHALL NOT use corporal punishment unless;
i. The local policy permits such use;
ii. The parent has provided consent in writing including;
1. Type of corporal punishment allowed, AND
2. Circumstances under which it may be used.
i. The principal must keep on file the permission slip;
iI. The principal must notify parent ANY time corporal punishment is used;
iii. A parent may revoke the use at any time by providing the principal a notice in writing.
Data and Recommendations for school officials:
According to the TSBA policy used by many districts in TN that allow the use of corporal punishment, schools are also encouraged to:
1. Use only after less stringent methods have failed and corporal punishment is the only reasonable alternative;
2. The instrument shall be approved by the principal;
3. Corporal punishment shall be administered in the presence of another employee; and
4. The nature of the punishment shall not exceed the gravity of the offense, disposition of the student, and influence on the other students.
As you can see below, although the vast majority of districts in TN still allow the practice, the educators within those districts have drastically reduced the use of corporal punishment in the last decade. According to the TN Comptroller's last report, the use decreased upwards of 30% between 2009 and 2013. (See That Report Here For More Details)
Graphic From TN Comptrollers Report. See Link Below.
As I noted from my earlier years in education, the use of corporal punishment is still primarily used for disrespect, disobedience, or physical alterations. It is interesting to note that from the data reported to the state, only 37% reported use of reoccurred behavior despite the TSBA model policy indicated that a prior offense and alternate method has already been used to resolve the issue.
Graphic From TN Comptrollers Report. See Link Below.
While I would not recommend the continued practice of corporal punishment, those districts who wish to proceed may want to adopt the same policies for regular education students as the state requires for students with disabilities. Placing those procedures in place would help ensure uniform practice and provide all students with equal protection. As many directors have heard attorney Charles Cagle state, “It’s always best to give a student a bit more due process than that to which they are entitled.”
**Final Note – While there is no federal rule prohibiting the use of corporal punishment in public schools, the use of physical punishment or threats thereof are prohibited in the Federal Head Start Program.
UPDATE - In 2023, the TN passed legislation which 1) restricted the use of corporal punishment on students with disabilities and 2) required educators to take certain steps including documenting other measures taken to the resolve the students behavior. The law also requires that educators consult with parents or legal guardians about such behavior. TCA 49-6-4103
As to students with disabilities, corporal punishment may still be used if 1) the parent provides written permission that 2) includes type and for what actions such punishment may be used. Each school is still required to notify the parent when such punishment is used and the parents right to revoke such permission. TCA 46-6-4103(b)(1).
Resources and Links:
TN Comptrollers Page on Corporal Punishment
NY Times Article on The 19 Remaining States Still Allowing Corporal Punishment