Corporal punishment: Ingraham v. Wright and where it is still allowed

James Ingraham was a junior high student in Dade County, Florida, who was paddled so hard he needed medical care. His family argued that the Eighth Amendment, the part of the Constitution that bans cruel and unusual punishment, should protect students. In Ingraham v. Wright (1977), the Supreme Court held that it does not. The Court said the Eighth Amendment was written to protect people convicted of crimes, and that a public school, open to the community and watched by parents, has its own safeguards.

The Court answered a second question the same way. Due process, the constitutional rule that the government must give you notice and a chance to be heard before taking something from you, does not require a hearing before a paddling. The Court reasoned that a student who is hit unfairly can still sue afterward under state law for assault or battery.

Whether a public school may use corporal punishment is set by each state's legislature. Many states have banned it outright; others leave the choice to each school board. We could not confirm a current count of states from an official page, so check your own state's education code or state department of education site. North Carolina, which still allows it, shows how the rules are written.

North Carolina's statute, G.S. 115C-390.4, lets each governing body decide whether to permit it at all. Where a board allows it, the law sets minimum conditions: it cannot happen in a classroom with other students present, only a teacher, principal, or assistant principal may do it, a second adult must be present and told the reason in front of the student, the parent must be notified and given a written explanation with the name of the witness, the school must keep a record of each instance, and excessive force is never allowed. Excessive force means force that causes an injury needing more than simple first aid.

In North Carolina the law is specific: corporal punishment shall not be administered to a student whose parent or guardian has stated in writing that it shall not be. Schools must hand out a form at the beginning of the school year or when a student first enrolls. The same statute warns that a student whose parent opts out may face suspension for an offense that would otherwise have been handled with a paddling. If the form is not returned, the school may go ahead.

That last sentence is the one families miss. Silence counts as permission. If you or your parents do not want this to be an option, the form has to come back signed.