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
August 11, 2009
MONTGOMERY, AL – Students with disabilities face corporal punishment in public
schools at disproportionately high rates, says a report released today 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
# # #