As a parent, you always hope your child's school is a place they feel safe and cared for. Your child's sole job is attending school and getting the full benefits of the education they are legally entitled to. Nowadays, it is frowned upon for parents to hit or physically scold their children, but what you may not know is that K-12 schools throughout the country still allow corporal punishment. If your child has been subjected to corporal punishment in school, you may be feeling, quite understandably, outraged and unsure what to do next. The Lento Law Firm can help you through those next steps and explore your legal options. You can call us at 888.535.3686 or contact us online.

What is Corporal Punishment?

You may be wondering what corporal punishment is and what it entails. According to the U.S. Department of Education, corporal punishment is the practice of paddling, spanking, or otherwise imposing physical punishment on students.

Can Schools Legally Use Corporal Punishment on Children?

Corporal punishment has been protected at the federal level for decades; a 1977 U.S. Supreme Court case, Ingraham v. Wright, explicitly stated that the practice did not violate constitutional protections against "cruel and unusual" punishment or due process guarantees. In response to this case, many states took the matter into their own hands. Currently, only 27 states and the District of Columbia have laws on the books banning corporal punishment, and a few additional states have a ban that only the use of corporal punishment on students with disabilities.

Despite the legality in 23 states, the use of corporal punishment on students has made its way into courtrooms across the country in recent years. The parents of a child subjected to corporal punishment have recently attempted to bring the matter back into the legal spotlight. In this case, a school employee slapped an 11-year-old Louisiana child with nonverbal autism on the wrists. Through their attorney, the parents filed a petition for the U.S. Supreme Court to hear their case, S.B. v. Jefferson Parish School Board, on appeal from the 5^th U.S. Circuit Court of Appeal. The petition asked the court to decide whether parents can sue schools under the U.S. Constitution for subjecting their children to corporal punishment. The U.S. Supreme Court declined to hear the case. The 5^th U.S. Circuit Court of Appeals' decision in the case conflicts with precedents in nine other federal courts, which have all held that excessive corporal punishment in public schools can be tried under federal law.

Can Corporal Punishment Harm My Child?

Physicians, mental health professionals, educators, and parents have repeatedly stressed the harm of corporal punishment on children. In March 2023, the U.S. Department of Education released a letter to state Governors, Chief State School Officials, and School District and School Leaders stressing corporal punishment's physical, emotional, and mental harm and strongly encouraging states and schools to ban the practice.

Retain the Lento Law Firm Today

At the Lento Law Firm, we are similarly concerned about the use of corporal punishment in schools. The only person who should be making decisions on the use of physical punishment on your child is you, the parent. Schools have no right to parent their children, and the Lento Law Firm's Student Defense Team can help you fight against your child's school's excessive discipline. Call the Lento Law Firm today at 888.535.3686 or contact us online to schedule a consultation.