ERIC Number: EJ919373
Record Type: Journal
Publication Date: 2009-Nov
Reference Count: 23
"Spare the Rod and Spoil the Child?" The Law and Corporal Punishment
Russo, Charles J.
School Business Affairs, v75 n10 p30-32 Nov 2009
The use of corporal punishment may be as old as society itself. However, the development of compulsory attendance laws has raised questions about its legality. Under compulsory attendance laws and subject to exceptions for home schooling and nonpublic schools, parents must send their children to public schools or be subject to sanctions. Conflicts arise when school officials seek to impose corporal punishment on children against the wishes of their parents. The use of corporal punishment is based on the common-law presumption of "in loco parentis," literally, "in the place of a parent." In seeking to resolve this conflict between the duty of educators to maintain safe and orderly learning environments and the rights of parents to direct the upbringing of their children, there has been a shift in the legal status of corporal punishment. Many school boards have abandoned its use at least in part because of respect for parental wishes. In this article, the author talks about corporal punishment and the law and cites supreme court and lower court cases regarding the use of corporal punishment. If boards choose to employ corporal punishment, the author presents some limitations on its use that school business officials acting in conjunction with other education leaders should consider to avoid problems.
Descriptors: Parent Rights, Sanctions, Punishment, School Business Officials, Discipline, Conflict Resolution, Teacher Responsibility, Student Behavior, Legal Responsibility, Court Litigation, School Responsibility
Association of School Business Officials International (ASBO). 11401 North Shore Drive, Reston, VA 20190. Tel: 866-682-2729; Fax: 703-478-0205; e-mail: email@example.com; Web site: http://www.asbointl.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A