A Striking Difference: The Hidden and Disproportionate Tale of Corporal Punishment in the United States

I heard the distinct sound of three “licks” outside of my fourth-grade classroom - One. Two. Three. And then, utter silence. Only seconds later, Zahair* returned from the hallway. Tears stained his face. He sat down, threw his hood over his head, and put his head down on his dilapidated desk without saying a word. Like most days, Zahair had been struggling to sit still in his seat, not call out, and complete work during English Language Arts. This most recent visit to the school principal’s office resulted in a paddling. A quick three licks. Although Zahair, a ten-year-old Black boy in a rural public elementary school in the Mississippi Delta, had a diagnosed disability of ADHD within his Individualized Education Plan (IEP), he still received corporal punishment (also known as paddling) for misbehaving in class. Zahair was frequently paddled—he received an average of two sets of “licks” per week for the entire school year. Yet, despite these punishments, Zahair’s behavior did not seem to improve—in fact, these punishments seemed to only make him angrier, more defiant, and, as a result, less engaged in class. Although Zahair is just one student, his experience is the reality for many students in this country.

In 1977, the Supreme Court ruled in the case of Ingraham v. Wright that routine corporal punishment is not considered cruel and unusual punishment, and does not violate procedural due process. Although many states (and sixteen districts in Mississippi) have outlawed the use of corporal punishment in public schools, twenty states still allow corporal punishment as a disciplinary tactic. During the 2017-2018 school year, there were 69,492 reported instances of corporal punishment in the United States, according to the Civil Rights Data Collection.

The state of Mississippi defines corporal punishment as: “...the reasonable use of physical force or physical contact by the teacher, assistant teacher, principal or assistant principal, as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.” Paddling (also commonly known as “swats,” “pops,” or “licks”) is the most common form of corporal punishment in Mississippi and usually entails the use of a wooden paddle to hit or spank students on the buttocks or upper thighs. Mississippi leads the nation with the highest number of students receiving corporal punishments: 20,309 students during the 2017-18 school year. This means that an average of 112 students in Mississippi received corporal punishment each school day.

Even more shocking than the frequency of corporal punishment in the nation and the state of Mississippi, is the disproportionality showcased by this hidden disciplinary practice. Recent census data suggest that 48 percent of students in Mississippi are Black, yet Black students received a reported 63 percent of all corporal punishments in the state. This is in comparison to white students who represent 44 percent of the state's students yet only received 34 percent of the total number of corporal punishments. The Civil Rights Data Collection also showcased severe disparities in corporal punishment by gender and race. As shown below, approximately 60 percent of male students who received corporal punishment in the state were Black, whereas only 37 percent of males who received corporal punishment were white. Black girls also received disproportionate levels of corporal punishment, representing over 73 percent of all females who received corporal punishment in the state.

Students with documented disabilities also experienced corporal punishment at disproportionate rates when compared to their general education peers. In the state of Mississippi, almost one out of every five students who experienced corporal punishment during the 2o17-18 school year was a male student with a disability. These students received corporal punishment as a form of discipline despite having documented legal protections due to their disability under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act (504). While Mississippi passed a law in 2019 outlawing the use of corporal punishment on students with disabilities, this remains a problem in other states. In Texas and Arkansas, for example, almost one in four students with disabilities received corporal punishment.

Corporal punishment is harmful to any child, but it has particularly detrimental and severe negative impacts on students with disabilities. Corporal punishment is ineffective at teaching students appropriate behaviors in the classroom, can cause lasting mental and physical trauma, can make students more aggressive, and can make students more disengaged with school and thus unable or unwilling to learn. Research has also shown that corporal punishment often leads students with disabilities, particularly Black boys with disabilities, to become entangled in the justice system at an early age. Corporal punishment is often associated with discriminatory disciplinary practices that contribute to the school-to-prison pipeline—the harsh cycle of punitive policies, practices, and procedures that push children out of school and into the juvenile and criminal justice systems.

The data show corporal punishment is disproportionately used as a discipline strategy for students from already marginalized communities. Paddling is also most common in rural, non-metropolitan school districts. But, it is not enough to just end corporal punishment without creating sustainable systems of support for students struggling with behavioral, academic, and mental health challenges in schools. Research from the Civil Rights Project suggests that the use of Positive Behavioral Interventions and Supports (PBIS), mentoring, anger management and counseling, and restorative justice practices are recommended strategies and programs that can help establish a positive school climate as well as a relationship of trust between students and educators—which is difficult if not entirely impossible with the use of corporal punishment.

The striking rates at which students with disabilities and Black students receive corporal punishment across the nation is a practice that calls for greater attention and scrutiny. Zahair’s story showcases the complicated relationship between race, disability, disciplinary practices, education, and the criminal justice system in the United States.

*Fictional name used for the sake of student privacy

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