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In Alabama And Across The Nation, Students
With Disabilities Face Corporal Punishment At Higher Rates
ACLU And Human Rights Watch Seek Ban On Physical Discipline in Schools
MONTGOMERY,
AL – Students with disabilities
face corporal punishment in public schools at disproportionately high rates,
says a report released by the American Civil Liberties Union and Human Rights
Watch. In Alabama,
approximately 4.5 percent of all public school students receive corporal
punishment, while close to 5.7 percent of students with disabilities receive
corporal punishment. The physical discipline, which can include beatings, can
worsen these students’ medical conditions and undermine their education, says
the report, which calls for an immediate moratorium on corporal punishment in
U.S.
public schools.
“Students with disabilities already face extra challenges, and being hit by
teachers only make it worse,” said Alice Farmer, Aryeh
Neier Fellow with the ACLU and Human Rights Watch
and author of the report. “Corporal punishment is abuse, any way you look at
it, and it violates students’ rights to a decent education.”
“Corporal punishment is ineffective,” said Olivia Turner,
Executive Director of the ACLU of Alabama. “It teaches children violence and
doesn’t respond to them with reason. It doesn’t show them why something is
right or wrong. It’s better to use methods of discipline that help students
understand why their behavior is wrong and what they can do to improve their
behavior.”
In the 70-page report, “Impairing Education,” the ACLU and Human Rights Watch
found that, nationwide, students with disabilities made up 18.8 percent of
students who suffered corporal punishment at school during the 2006-2007
school year, although they constituted just 13.7 percent of the total student
population. At least 41,972 students with disabilities were subjected to
corporal punishment in U.S.
schools during that year. In Alabama,
which has the third-highest rate of corporal punishment in the nation, 33,716
students were paddled in the 2006-2007 school year, including 5,111 students
with disabilities. These numbers probably undercount the actual rate of
physical discipline, since not all instances are reported or recorded.
Corporal punishment, legal in 20 states, including Alabama, typically takes the form of
"paddling," during which an administrator or teacher hits a child
repeatedly on the buttocks with a long wooden board. ACLU and Human Rights Watch
interviews found that students with disabilities also suffered many other
forms of corporal punishment, including beatings, spanking, slapping,
pinching, being dragged across the room and being thrown to the floor.
The report found that some students were physically abused for conduct
related to their disabilities, including students with Tourette
syndrome being punished for exhibiting involuntary tics and students with
autism being punished for repetitive behaviors such as rocking. In some
cases, corporal punishment against students with disabilities led to a
worsening of their conditions. For instance, some parents reported that
students with autism became violent toward themselves or others following
corporal punishment.
“Corporal punishment can leave students feeling helpless, humiliated and
reluctant to return to school,” said Farmer. “Physical force is ineffective,
violates children’s rights and is especially egregious when used to punish
students for their disabilities. More effective discipline, including
positive behavioral supports, creates safe classrooms where children are able
to learn.”
“Impairing Education” is based on over 200 interviews conducted by the ACLU
and Human Rights Watch between December 2007 and June 2009 with experts and
individuals directly affected by corporal punishment, including parents,
students, teachers, administrators and special education professionals. It
calls for a complete prohibition on the use of corporal punishment against
all students in U.S.
public schools and offers recommendations to Congress, the Department of
Education and local governments for implementing a moratorium on corporal
punishment against students with disabilities until a full prohibition is
achieved.
The use of corporal punishment is a violation of international human rights
law, under which physical force may only be used against students when it is
absolutely necessary to protect a child or others. In July, the U.S.
signed the U.N. Convention on the Rights of Persons with Disabilities (CRPD),
the most comprehensive international treaty on the rights of persons with
disabilities in history.
“We hope that, by signing the CRPD, the Obama administration has signaled its
willingness to take the next steps to bring the U.S. in line with international
human rights standards – including immediately banning corporal punishment
against students with disabilities,” Farmer said.
“Impairing Education: Corporal Punishment of Students with Disabilities in US
Public Schools” is available online at: www.aclu.org/intlhumanrights/childrensrights/40643pub20090811.html
Learn more about corporal punishment: http://www.aclu.org/corporalpunishment.
Sign the pledge against corporal punishment:
https://secure.aclu.org/site/SPageServer?pagename=Nat_CorpPunishment_Support_Statement
Take 10 Steps Against Corporal Punishment:
http://www.aclu.org/intlhumanrights/childrensrights/40669res20090810.html
Listen to Podcast with ACLU Attorneys Alice Farmer and
Catherine Kim:
http://www.aclu.org/multimedia/audio/40678res20090810.html
Thank you for your continued support of civil liberties
in Alabama!

Olivia Turner
Executive
Director, ACLU of Alabama
207 Montgomery Street, Suite 910, Montgomery, Alabama 36104
T: 334-262-0304 | F: 334-269-5666 |
info@aclualabama.org
www.aclualabama.org
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