General Question

flo's avatar

What would happen in NYC if a teacher spanked and/or tied up a child to a chair?

Asked by flo (13313points) January 27th, 2016

How would the law deal with a teacher who would do the above or any other corporal punishment you can think of that happens in other countries where human rights are not respected at all.

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17 Answers

RedDeerGuy1's avatar

Nothing… if he has tenure. He can always be sued.

flo's avatar

@RedDeerGuy1 I mean if things go right.

ibstubro's avatar

Public or private school?

Is the question about spanking or tying to a chair? I don’t see an update after Wednesday, October 01, 2014. At least until that point it seems to have been okay.

jca's avatar

He would be disciplined and probably represented by the union. He would be fired eventually.

He would probably be charged with a crime and also with a bunch of charges by Child Protective.

I say probably because everything is up in the air when it comes to details if it’s hypothetical.

ibstubro's avatar

I’m certain that a teacher belting, birching, caning, Cat o’ nine tailing, flagellating, foot whipping, knouting, slippering, strapping, or tawsing a child in New York City would be arrested.

But that’s true of the entire United States and much of the developed world.

Seek's avatar

Not the entire US… My gym teacher was given a three week paid vacation after breaking a rowing oar over a JV baseball player’s back.

ibstubro's avatar

That’s why “oaring” was in included in my list, @Seek. ~

JLeslie's avatar

In NY I’m guessing the teacher goes on paid leave while it’s investigated, and eventually the teacher gets fired. I doubt they go to jail for a spanking? I’m not sure what the legal system punishment is for breaking that law.

@ibstubro Last I looked corporal punishment was legal in 23 states in schools. Spanking definitely legal in those states. Tying a kid up I’m
not sure, I think that might not be ok.

msh's avatar

Sometimes you would like to think about beaning someone in class, but you never touch anyone. Parents can even verbally encourage or support corporal punishment. No one has that right. Physical punishment is not an option in public schools, nor in any ‘learning establishments’ that accept Federal or State monies, in portion. Private or Parochial Schools call their own tunes. It may be listed in the papers some private schools have signed by parents. Legal coverage.
No one should lay their hands on any student, nor verbally dress down anyone in their classes. However, any actions by students, of the likes above, can and will be addressed. I think a great number of people would be surprised that the number of assults that are made upon teachers and school personnel by the students. Even in Elementary School!
I can rember back in public school when physical punishment was allowed. On all grade levels. All that was needed was to have a witness, and the written paperwork.
It made me sick to my stomach whenever it happened to someone. By the point that punishment was meted out, both sides were beyond reason in their anger. Younger grades would leave the doors open for the students to see and or hear. They thought it a deterrent to witness what happened to bad boys and girls. Humiliating someone. Absolutely Horrid.

jca's avatar

According to the Washington Post, as of 2014, 19 states still allow corporal punishment in public schools. I tried to link it but am trying to finish coffee – will do later unless someone else wants to.

JLeslie's avatar

Good to hear it’s down to 19 states. When I lived in TN it was legal in TN and MS for sure. Most schools had parents sign something saying it’s ok to spank their kids. I remember one news report of a really young MS child coming home with bad welts on their bottom from the paddle. The Memphis city school district got rid of corporal punishment eventually (it was still legal) and I can’t tell you how many parents thought they needed to bring it back.

Seek's avatar

I don’t know if the laws have changed, but when I was in school in Florida, the state left the question of corporal punishment up to the school district.

It was not allowed by my district, nor any public school district. My best guess is that didn’t want to tell the catholic schools to stop using the ruler.

JLeslie's avatar

I found an article about the 19 states.

Mostly the Deep South, no surprise, plus some others. A few do surprise me. It’s still legal in FL @Seek. I doubt any schools use it south of the Tampa-Orlando-Cocoa line. Although, there are some very “Southern” little communities dotted south of there.

ibstubro's avatar

Details on State Corporal Punishment in Public School Laws in case anyone wants General facts about corporal punishment in the US (and the world) instead of strictly Social “what if” opinions.

ibstubro's avatar

I was specifically addressing the OP’s “any other corporal punishment you can think of”, @JLeslie.

I didn’t receive a response to my question, “Is the question about spanking or tying to a chair?” I addressed ‘tying to a chair’ (which is similar to ‘strapping to a board’, which was legal in Missouri when I worked with juvenile offenders), omitted spanking, and moved on to “corporal punishment you can think of that happens in other countries where human rights are not respected at all.” All of which, I’m reasonably sure, would result in the quick and immediate arrest of a NYC teacher.

Even then, my original, unanswered question, “Public or private school?” probably still has merit.
I don’t know if private military schools can still allow caning or not.

JLeslie's avatar

@ibstubro I think I had read your answer too fast originally. Regarding public or private, that doesn’t matter under the law I don’t think. I’m pretty sure both have to follow the law of the state. The difference is even in states that allow CP, the majority of school districts don’t allow it, while a private school in that “district” might.

Cruiser's avatar

In my state of Illinois there is a certain level of restraint that is allowable in school in situations where the student is a danger to himself or others or disruptive to the class or activity after all other attempts at getting them to calm down is exhausted. It was revealed to me of a technique that teachers and administrators get certified to administer and it is called the therapeutic hold. Trained teachers are allowed to restrain the student for 30 minutes max then they have to release the student. If the student is still off the charts they are allowed to administer the therapeutic hold for another 30 minutes. At some point I believe parents and or authorities are called in to remove the student from school. Here is a Wiki link that does a good job of explaining this therapeutic hold technique

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