Corporal Punishment and Its Meaning
Although corporal punishment commonly refers to hitting a person with a hand or some other object (e.g., a belt, switch, paddle, etc.), the general definition encompasses "any physical punishment involving pain, whether of the body or mind." Black’s Law Dictionary 334 (6th ed. 1990); see also id. at 324 ("Corporal punishment" means "[p]unishment inflicted on a person’s body, esp. by whipping or beating, as opposed to punishment inflicted on some other part of his person or by imprisonment.") (cited in Thompson v. County of Franklin, 15 F.3d 245, 248 n.3 (2d Cir. 1994)); see generally corporal punishment, Oxford English Dictionary (defining term as "Punishment involving the infliction of bodily pain"). While physical discipline from a parent is recognized as an avenue of punishment , the use of physical force by a public school official against a student present at school is much less clear. See generally Commonwealth v. Shreck, 440 N.E.2d 393, 396 (Mass. 1982) ("It was not until the 1970’s when legislation limiting the use of corporal punishment began to emerge, ostensibly as an extension of the Supreme Court’s decision in Ingraham v. Wright, [430 U.S. 651 (1977)]," and that "the safety value of alternative civil remedies for children became more readily apparent."). Corporal punishment is often viewed as crude and barbaric, especially in light of the availability of more reasoned and less painful means of correction, but its use in the school context has been and remains a hotly contested issue. See id. Example(s) of corporal punishment include:
The Law Regarding Corporal Punishment in Virginia
Virginia’s approach to corporal punishment within its public school system is one of cautious regulation. The Code of Virginia, Section 22.1-279.1 specifically addresses paddling and other forms of corporal punishment in schools. As reflected in the statute, the General Assembly has conferred authority upon the Board to enact regulations which govern the conditions for administering corporal punishment in public schools.
Subject to the provisions of the Board’s regulations, the administering of corporal punishment in public schools is relatively common and is enforced by school superintendents and other supervisory personnel.
§ 22.1-279.1 of the Virginia Code begins with the cautionary statement that "[n]o child shall be subjected to ‘physical punishments’ in the public schools." The section goes on to describe the type of "physical punishment" that is prohibited and defines it as "the infliction of bodily pain upon a child as a penalty, or discipline for having committed a wrongdoing or as an expression of malice or of disapproval of such wrongdoing." The Code specifically mentions "[s]wats, or blow upon the hand, shoulder, or rear end of the pupil with a ruler, stick, strap, or other instrument" as "physical punishment", yet mentions none of these techniques by name when describing what its prohibited by the law.
Despite the ambiguous wording in the Code, the Virginia Board of Education has established regulations that address this relatively common practice. The regulations establish procedures to follow and parameters for its use. The Board prohibits the "infliction of bodily pain as punishment", yet allows the use of the "maximum of three (3) licks or swats to the covered rear end using the open palm of the hand or a wooden paddle" if certain procedures are followed.
The law prohibits the use of corporal punishment in the following instances:
- Where the student has an Individual Education Program (IEP) that identifies the student as disabled.
- Where the physical punishment would be prohibited by any law or regulation governing local or regional detention homes.
- Where the act for which corporal punishment would be administered is also subject to a criminal offense.
In addition to the above, Department of Education guidelines requires that teachers and school personnel must receive training on the use of corporal punishment and guidelines for what is permissible and what is not shall be provided in that training.
Corporal Punishment in Virginia’s Public Schools
In Virginia, corporal punishment is permitted within all school districts as a means of punishment. However, schools may not offer corporal punishment to students who are covered under an IEP or 504 plan. A student who has experienced DT for an inappropriate reason needs to talk with their special education lawyer about the incident.
When corporal punishment happens, schools have to follow the corporal punishment rules that they have set up. All corporal punishment must be administered either in private or semi-private. The school’s legal team must approve all physical discipline. School officials must inform the student’s parent or guardian when corporal punishment has occurred. This is not true of all states, but in Virginia, there must be a report filed that documents the punishment as well as any injuries that resulted from it.
The Role of Parents and Corporal Punishment
Virginia law, codified at Section 63.2-905, provides a legal safe harbor for parents administering corporal punishment to their children so long as doing so is "reasonable under the circumstances." The statute begins with this important caveat: nothing in the chapter shall be construed to "limi[t] the right of a parent to use reasonable corporal punishment to maintain order in the home or to discipline his minor child." This is an important protection of parental authority that is not present in many states, although Virginia does not expressly authorize the use of corporal punishment. The statute then goes on to say "As used [in the statute], ‘reasonable corporal punishment’ means the reasonable use of physical pain as an acceptable manner of disciplining a minor child." A child whose health or welfare is harmed as a results of such corporal punishment is a neglected child under Section 18.2-67.3 if the child’s parent or guardian has "intentionally caused or inflicted, or allowed to be inflicted, any physical injury on such child by infliction of physical pain which is gross, wanton, cruel or severe and creates a substantial risk of death, serious physical injury, or substantial pain."
Again, the statute makes clear that even when "reasonable corporal punishment" becomes abuse, there is no civil remedy unless the injury is inflicted by another person. See Section 63.2-914. Unfortunately, criminal and civil courts have a duty to enforce the law but often punish parents when there is some form of physical abuse to children. The standard for criminal prosecution, however, is different than the civil standards. The same actions might be abuse that warrants loss of parental rights on the civil side, but not warrant criminal punishment.
Penalties for Illegal Corporal Punishment
In Virginia, the consequences for individuals found guilty of illegal corporal punishment can vary depending on the specific circumstances of the case and the nature of the punishment administered. If corporal punishment is deemed to be child abuse or neglect, individuals may face civil penalties ranging from fines to loss of their ability to work with children. Additionally, offenders may also face criminal charges, including misdemeanor or felony charges depending on the severity of the situation, the frequency of the corporal punishment, or whether a weapon was used or serious injury was caused.
Child Protective Services (CPS) in Virginia may launch an investigation into allegations of corporal punishment , which can result in a protective order being issued against the individual. CPS may also take other actions, such as requiring social services hours, counseling, or parenting classes. Losing employment is a significant consequence of punishment for caregivers, as many organizations have strict anti-corporal punishment policies that will result in immediate termination upon a finding of child abuse or neglect.
If you or someone you know has been found guilty of administering illegal corporal punishment, seeking legal counsel may be necessary to protect your rights and determine the best course of action available.
Public Views on Corporal Punishment and Activism Surrounding It
Public opinion in Virginia on corporal punishment of school-aged children is divided. Proponents of maintaining the practice, known as "spanking" in the Commonwealth, cite studies and anecdotal evidence supporting their argument that it is a necessary tool for discipline and necessary for maintaining civil order. These supporters include conservative Christian organizations and their representatives who argue that their religious beliefs mandate the use of corporal punishment, and that there is an inherent separation of church and state infringement in denying parents the right to discipline their children in this manner.
Opponents point to various studies which have been shown to indicate negative psychological long-term effects of corporal punishment, and cite the fact that the United Nations Convention on the Rights of the Child (CRC), an international treaty that requires signatory states to "respect and ensure" children’s rights to, inter alia, "freedom from all forms of violence, … [through] administration of … disciplinary action (Article 28)"), has been signed (but not ratified) by the United States. Several activist organizations consider this a human rights violation and have petitioned the General Assembly each of the last five years to consider a ban on the practice. In fact, there are several petitions concerning corporal punishment on the website http://www.change.org.
Alternatives to Corporal Punishment
Experts recommend use of non-violent alternative disciplinary methods, such as:
• timeout
• counseling
• community service
• confiscation of items contributing to negative behavior
• revision of classroom rules and consequences
• positive reinforcement for if the child is successful in changing their behavior.
Some alternatives have been implemented at schools across Virginia , including:
• Student contracts – an agreement made between the teacher and student regarding behavior – may have been recommended by school staff or requested by the parent
• Behavior plans – a plan for a child with behavioral issues in place based upon the child’s IEP (Individualized Education Plan) or 504 Plan
• Parent alert systems – system to inform parents when their child is being troublesome in school
• School District policies and procedures
• Incentives – rewarding students for positive behaviors with prizes, pizza parties, dodge ball games, etc.
• Extra credit on report cards for good behavior
• Positive Behavior Support Plans (PBS) – similar to Behavior Plans, but each student involved is monitored by a liaison from the home school
• Compliment awards for well-behaved students
• Teacher telephone calls home to request help on punishments/disciplinary issues