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ERIC Number: ED119074
Record Type: RIE
Publication Date: 1975-Sep-1
Pages: 27
Abstractor: N/A
Reference Count: 0
ISBN: N/A
ISSN: N/A
The Law and Corporal Punishment: Recent Legal Decisions on Corporal Punishment in Schools.
Reitman, Alan
The author discusses the various aspects of the legal struggle for abolishing corporal punishment in schools. A review of several recent cases of corporal punishment brought to the attention of the Supreme Court shows that the court has so far upheld the right of schools to practice physical punishment, within reasonable limits, as a disciplinary measure. The court rulings were based on two major principles: a) the state educational boards have a certain degree of autonomy in their educational policies and; b) the constitutional rights that apply to adults do not apply to children. The author discusses many legal cases where the Court ruled the use of corporal punishment in institutions for delinquent children and in prisons was illegal, and argues that this decision is equally applicable to public schools. In several recent cases the Supreme Court has ruled that before punishment is inflicted on students, principles and teachers should give students the right to defend themselves verbally, and teachers should have the permission of parents before physically punishing their children. These decisions, the author considers, are encouraging steps in the legal struggle to abolish corporal punishment once and for all. (SE)
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Convention of the American Psychological Association (83rd, Chicago, Illinois, August 30 to September 2, 1975); Not available in hard copy due to marginal legibility of original document