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Title:
Paddling Students: The End of An Error?
Author:
ID:
LL168
Issue:
SU2-4
Issue Date:
2005-07-01
Edition:
School
Type:
Article
Body:
A Florida County school system that paddled more students than any other system in the state last year has ended its practice of corporal punishment, according the Jacksonville, Fla., Times-Union.
The Times-Union recently reported that the Duval County School Board voted to end corporal punishment, calling the practice archaic and unproductive. The paper quoted one board member as saying she did not support paddling because the practice leaves the school district vulnerable to lawsuits. Another board member, Kris Barnes, reportedly said she never understood the use of spanking as a form of school discipline. ìI have never thought it made sense,î she told a reporter. ìI don't support it. I think we are way behind the time.î Barnes also said there is no proof paddling improves behavior and it is illogical to combat violent disruptions with a paddling. ìI have a very hard time understanding why we believe it makes sense that when children are caught fighting then they are hit,î she said. Others had a different point of view, according to the Times-Union. Tommy Hazouri was the only board member to voice support of paddling, saying principals should not have disciplinary options taken away from them unless there is a suitable replacement. ìWe haven't done enough,î he told a reporter. ìI don't think we need to move a single tool from our code of conduct until we come forward with better programs.î In 1977, the U.S. Supreme Court, in a 5-4 decision, upheld the use of corporal punishment in schools. See Ingraham v. Wright, 430 U.S. 651 (1977). This was a Florida case that involved the paddling of two students. According to the complaint, Ingraham was paddled 20 times for moving too slowly in leaving the stage of the school auditorium. Another student was paddled four times during a 20-day period for tardiness. Both spankings required medical care. The studentsí attorneys argued that the paddlings were ìcruel and unusual punishmentî under the Eighth Amendment. The court, in ruling for Dade County school officials, found that the prohibition against cruel and unusual punishment applied only to people in the criminal justice system. The court said that school children are better protected by the surveillance of the community and the openness of their school system. In 1987, a New Mexico student filed a federal suit against school officials after being paddled to the extent that it caused bleeding, bruising and scarring. See Garcia v. Miera, 817 F.2nd 650 (l0th Cir. 1987). The 10th Circuit Court of Appeals ruled that school officials had used such excessive force in administering the corporal punishment that they violated the studentís federal constitutional right of substantive due process. Accordingly, the court held that the school district and the administrators involved were liable for damages the girl suffered and for attorneysí fees. The Supreme Court refused to hear the case on appeal, so the decision still stands. The studentís attorney in the New Mexico case, John Roesler, has written a book for attorneys who are considering filing lawsuits against schools over corporal punishment. The text is titled ìPublic School Liability: Constitutional Tort Claims for Excessive Punishment and Failure to Supervise Students.î
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