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Report: Black students, students with disabilities among most likely to be struck in schools practicing corporal punishment

Civil rights groups offer new insight into practice banned in majority of states

MONTGOMERY, Ala. 鈥 Children attending the small percentage of the nation鈥檚 public schools that allow corporal punishment face a much greater likelihood of being struck than previously understood, with black students and students with disabilities among the most likely groups to be struck, according to a report released today by the Southern Poverty Law Center (人兽性交) and the Center for Civil Rights Remedies聽at the University of California at Los Angeles鈥 Civil Rights Project.

The report 鈥撀聽provides the clearest look yet at a practice outlawed in a majority of states and, even within states that legally permit the practice in schools, ban it in a host of other public settings for children and adults. The report includes聽a foreword by Derrick Johnson, president and chief executive of the NAACP.

The report found that at least one in every 20 children attending schools that practice corporal punishment were struck in 2013-14 and 2015-16. Black girls were more than three times as likely to be struck as white girls (5.2 percent vs.1.7 percent) during the 2013-14 school year. Black boys were nearly twice as likely as to be struck as white boys (14 percent vs. 7.5 percent).

Such racial disparities are trou颅bling, because other research shows that black students do not misbehave more than white students.聽The report also found that in more than half of the schools practicing corporal punishment, students with disabilities were struck at higher rates than those without disabilities, raisingconcerns that they may have been struck for behaviors arising from their dis颅ability.

鈥淭hese findings show that corporal punishment disproportionately affects the nation鈥檚 most vulnerable students,鈥 said Zoe Savitsky, 人兽性交 deputy legal director. 鈥淚t also destroys a child鈥檚 trust in educators, which damages learning relationships. Quite simply, corporal punishment doesn鈥檛 belong in schools, and states should bring schools in line with the many other institutions, from foster care to juvenile detention, that already ban the practice.鈥

The report recommends that states ban the practice in schools and that schools use evidenced-based discipline programs as alternatives to corporal punishment rather than punitive disciplinary measures, such as out-of-school suspension.

鈥淚f an adult hit someone with a weapon, it鈥檚 considered aggravated assault.聽An educator using violence to discipline students, however, is considered corporal punishment, and we found it鈥檚 still happening over 100,000 times every year in public schools,鈥 said report co-author Amir Whitaker, researcher with the Center for Civil Rights Remedies at UCLA. 鈥淟ike other forms of discipline and state-supported violence, it鈥檚 disproportionately used on black students. The legacy of slavery and racial terror continues through its use, and decades of research finds the practice is extremely harmful to students.鈥

The report鈥檚 methodology differs from previous studies, which typically examine student populations at the state or school district level where corporal punishment was practiced 鈥 even when corporal punishment was only used in a small fraction of schools in those jurisdictions. That approach skews corporal punishment rates downward. This report only examined data from schools where corporal punishment was used, relying primarily on data from the U.S. Department of Education鈥檚 Civil Rights Data Collection from the 2013-14 school year.

Within the schools that practice corpo颅ral punishment, the report found about 5.6 percent of stu颅dents were struck during the 2013-14 school year. The rates in individual states, however, were as high as 9.3 percent (Mississippi), 7.5 percent (Arkansas) and 5.9 percent (Alabama).>

What emerges is a picture of a practice that remains deeply entrenched in the South. Ten Southern states account for more than three-quar颅ters of all corporal punishment in public schools. Just four of those states 鈥 Mis颅sissippi, Alabama, Arkansas and Texas 鈥 account for more than 70 percent.

鈥淭here are far more effective and safer ways to manage a classroom,鈥 said report co-author Dan Losen, director of the Center for Civil Rights Remedies at UCLA. 鈥淭hat is why most public schools in the United States ban the practice.

鈥淭his report demonstrates how in most states that still allow corporal punishment of children of color and those with disabilities are frequently struck. They bear the brunt of this outdated and ineffective practice compared to their white and nondisabled peers. Our documentation of the uneven and heavy-handed practice suggests that the use of corporal punishment is likely violating the civil rights of public school children throughout the South.鈥

Mis颅sissippi alone is responsible for almost one-quarter of all corporal punishment. And nearly half (43.8 percent) of all black girls receiving corporal punishment in U.S. public schools in 2013-14 were in Mis颅sissippi (4,716 black girls). No other state came close to eclipsing Mississippi鈥檚 corporal punishment rate of black girls.

Despite corporal punishment鈥檚 ubiquity in the South, a review of the law in five Southern states that allow the practice in schools (Alabama, Florida, Georgia, Louisiana and Mississippi)聽found that these states not only prohibit adults from striking children in most other settings 鈥 such as child care centers, foster care settings and juvenile detention centers 鈥 but often describe corporal punishment as inappro颅priate, abusive and unethical in such settings, the report found.

鈥淭his data should shock our conscience,鈥 the NAACP鈥檚 Johnson writes in the report鈥檚 foreword. He adds: 鈥淸T]he impact of corporal punishment can be devastating on a student鈥檚 ability to learn and succeed. There are much more effective ways to promote positive behavior, ways that keep students safe and in the classroom.鈥

Thirty-one states have banned corporal punishment in schools, according to the report. In the remaining 19 states, there are nearly 8,000 schools within dis颅tricts that practice it. Of those schools, how颅ever, almost 45 percent do not use corporal punishment.聽This means that children attending different schools in the same district can have vastly different experiences when it comes to discipline. One school may use evidence-based practices that provide pos颅itive, corrective consequences for students. But, at a nearby school, children engaging in the same mis颅behavior may be struck despite research showing the practice to be ineffective and unsound for education.