Illinois Prohibits Corporal Punishment in All Schools

SPRINGFIELD, Ill. — This school year, Illinois is set to become the fifth state in the United States to entirely ban corporal punishment in all educational institutions.

Governor JB Pritzker recently signed a law that prohibits physical punishment in private schools, reinforcing a similar ban for public schools that has been in place for over 30 years.

With this new legislation taking effect in January, Illinois will join New Jersey, Iowa, Maryland, and New York in banning practices such as paddling, spanking, or hitting students across all types of schools.

State Representative Margaret Croke, a Democrat from Chicago, championed this initiative after the American Academy of Pediatrics called for an end to corporal punishment due to evidence suggesting it can exacerbate behavioral and mental health issues and hinder cognitive development. The association also highlighted that Black males and students with disabilities are disproportionately affected by such disciplinary measures.

“It was an easy thing to do. I don’t want a child, whether they are in private school or public school, to have a situation in which corporal punishment is being used,” Croke stated.

Her motivation to take action was further solidified after learning that the Cassville School District in Missouri had reinstated corporal punishment two years ago as an opt-in choice for parents, having abandoned it in 2001. According to Croke, this signals a concerning acceptance of inflicting pain on children.

The ban aligns with a broader global consensus on the issue. The World Health Organization has declared corporal punishment a violation of children’s rights, emphasizing the need for respect for their physical integrity and human dignity. Furthermore, in 1990, the United Nations Convention on the Rights of the Child mandated an obligation to prohibit all forms of corporal punishment.

Despite the international stance, the United States stood as the only holdout regarding the convention. Sarah A. Font, an associate professor of sociology and public policy at Penn State University, pointed out that many Americans have a practical, if dated, view regarding corporal punishment. “Research shows that corporal punishment doesn’t lead to better behavior in the long run and can have negative consequences. Yet, people often rely on their own experiences, dismissing the broader evidence,” Font explained.

In the U.S. Senate, a push to ban corporal punishment in federally funded schools was initiated last year by Senator Chris Murphy from Connecticut, co-sponsored by Senate Majority Whip Dick Durbin of Illinois. However, the legislation remains stalled in committee since a public hearing in May 2023, with no further developments reported.

The Supreme Court has also upheld the legality of corporal punishment in schools, ruling in a 1977 case involving Florida junior high students that Eighth Amendment protections against cruel and unusual punishment only apply to those convicted of crimes, thus not extending to classroom discipline.

Currently, 17 states continue to permit corporal punishment in schools, although four of those have restrictions against using it on students with disabilities. Although North Carolina does not expressly endorse corporal punishment, every school district in the state opted to ban it in 2018, while Illinois outlawed it in public schools in 1994.

Among states that have enacted total bans, New Jersey first prohibited corporal punishment in all schools back in 1867. Iowa followed by banning it in private schools in 1989, while Maryland and New York did the same in the year 2023.

Despite typically opposing state intervention, representatives from private school advocacy groups did not resist the new law. Bob Gilligan, executive director of the Catholic Conference of Illinois, noted that Catholic schools in the state do not employ corporal punishment, labeling it as “an anachronistic practice.”

Ralph Rivera, a representative from the Illinois Coalition of Nonpublic Schools, remarked that he is not aware of any member schools that engage in corporal punishment. He added that although the group usually contests government involvement in their schools, opposing the ban on principle is challenging because it doesn’t resonate well with the public image to openly support such practices.

The new legislation does not extend to home schools. Home-schooled students must adhere to the same guidelines during school hours as those experiencing discipline in public or private education settings.

For student athletes, corrective measures on the playing field, such as running laps as a form of discipline, should not be considered corporal punishment as indicated by Croke during discussions about the bill. “When we tell a child to run laps, the intent is not to inflict pain,” she clarified.

However, some legislative debates included reservations among Republicans about the implications for private schools, suggesting that this measure might lead to more extensive regulations regarding curriculum or religious teachings. Croke, who has a school-age child in a Catholic institution, assured that her intention was not to invite state regulation of private education, but rather to ensure safe environments for children. “There’s a red line there; hitting kids should never be allowed,” she asserted.