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If the lawsuit was for $50, it wouldn't be much of a deterrent to the school district, now would it? The lawsuit is claiming that the child was so traumatized that he didn’t want to return to school. How do you put a lower price on that? If $1.7 million is too much liability for the school district, then there is a very simple solution. They can change their policies to reduce or eliminate the risk of a lawsuit like this.
If this was traumatizing to the child, then they should not have signed the waiver allowing the school to do this. You can't say the school is allowed to paddle, and then sue when they actually do. It just doesn't work that way. They are partially to blame for what happened, so there shouldn't even be a lawsuit for $50, much less $1.7 million
If this was traumatizing to the child, then they should not have signed the waiver allowing the school to do this. You can't say the school is allowed to paddle, and then sue when they actually do. It just doesn't work that way. They are partially to blame for what happened, so there shouldn't even be a lawsuit for $50, much less $1.7 million
The child was traumatized after the fact. The parents didn't know that, when they agreed to allow it.
A school should not be involved in corporal punishment, with or without the parents permission. The schools mission is simply to provide education to a student. Not to be paddling people's kids for them. If the school was doing what they were supposed to be doing, they wouldn't be facing a million dollar lawsuit.
Let's do some more educating for the mis-informed in here, shall we...
Almost every school system will have the parents sign a form either acknowledging that corporal punishment can be used on their child, or a waiver against it. So the parents knew that this was an option.
In most well adjusted schools, paddling is a last-resort option, after other disciplinary methods have been used and found lacking.
Remember that this world is made of over 7 billion people - all with different personalities, mind-sets, etc, and that not everyone will react the same way to a given stimulus. To assume that all students will react the exact same way to a given punishment is naive and foolish.
Therefore, is a very few cases, corporal punishment does work. Again, you may not like to admit this - you may want to ignore it because it offends your sensibilities, but ignoring truth doesn't make it go away.
I know this for a fact, as I was subject to corporal punishment while in TN schools in the 70's-80's. Very rarely did I recieve it, but it was enough to remind me of what bad behavior was and the consequences for it.
No, I did not grow up to be a violent person - As a matter of fact, random violence by many of today's kids bothers me greatly.
No, I do not beat my children. I have found that time-outs work best for my daughter, but a swat on the clothed backside of my son gets his attention. I have never used a belt or paddle on my kids.
Also, I am a teacher of 20 years, and not once used paddling in my school that still has it on the books.
After saying all that, I do find that 8 swings of the paddle on a Kindergartener sounds "excessive". But since I - and probably every single one of the rest of you - wasn't there to see how hard they were, I will reserve my judgement/condemnation of the principal.
Unless the lawyers are getting paid 1.6 million dollars, the lawsuit amount is very high for something the parents basically agreed to let the school do.
Well, that's true.
Quote:
Originally Posted by Sundaydrive00
Don't lawyers typically get paid 1/3 of the amount awarded? Which would mean the parents would still get over a million $$ if they win. These parents are looking for a payday.
I thought it was well over half but you could be right.
If this incident is a reason to abolish paddling, road fatalities are a reason to abolish cars, and medical malpractice is a reason to abolish medicine, and abuse by priests is a reason to abolish religion.
I have to wonder why the OP has excessive in quotes?
Corporal punishment is not the school's place and a kindergartener? Really?
I get that corporal punishment is still accepted in some schools (even though I disagree with it) but I don't understand why teachers and administrators choose to utilize it. Seems to me it's a lawsuit waiting to happen.
Well said.
I don't believe that NYS allows corporal punishment in public schools, but if it's not a state law or mandate from the state Ed Dept, just about every school district forbids it because of the lawsuit issue. Most private schools forbid it for the same reason.
I taught in private schools for nearly a decade, and I never hit a child because it not my place to physically discipline someone else's child. Furthermore, corporal punishment is not particularly effective, especially when it's used frequently.
I don't understand why you folks are so shocked that schools have paddling. Most states down here in the south have it and 19 states overall allow it.
It's a good way to punish misbehaving students and keep them in line.
But, it isn't a good way. It is the easy way and only achieves short term results. The research backs up what I am saying. My personal experience, as a classroom teacher who has worked in schools that paddled and schools that didn't, is that it doesn't work as well as other methods.
According to wikipedia, only 8 states actually use it even though it is legal in 19 which I still am surprised by. All of Europe and most other developed nations have outlawed it. It's just one of those things that you hear happened in the past and think is ridiculous when you consider how up tight and eager to sue everyone is these days
While I agree it is excessive the parents did consent to it so that has to be taken into account as well.
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