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Proposed Ban on Corporal Punishment in Texas Schools Fails Again

Texas schools can allow corporal punishment, which includes hitting, spanking, paddling or deliberately inflicting physical pain to discipline kids.

Lawmakers on the House floor at the state Capitol on April 6. (Jordan Vonderhaar/The Texas Tribune)

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Texas lawmakers on Wednesday voted against a bill that would prohibit public school employees from using corporal punishment on students.

received a 58-86 vote in the lower chamber. Rep. , a Houston Democrat and former public school educator, has carried a bill to eliminate the controversial practice in each biennial session for the past 18 years. The bill passed 5-2 out of the Select Committee on Youth Health and Safety earlier this month.

On the House Floor on Wednesday afternoon, Rep. , R-The Woodlands, and Rep. , R-Tyler, said schools should be able to continue using corporal punishment, which includes hitting, spanking, paddling or deliberately inflicting physical pain on a student鈥檚 body to discipline them.

鈥淜ids do need to fear leadership,鈥 Toth said. 鈥淎nd so I ask respectfully that we adhere to that in our schools.鈥

Arguing against the bill, Schaefer referenced a biblical proverb that he said endorses disciplining children. 鈥淲e will be wise members to follow the design that God has for disciplining children,鈥 Schaefer said.

Until this year, Texas was one of , most of which are in the South, to allow corporal punishment in public schools. and passed bills this month to bar the practice.

Texas educators can use physical means of punishment if a school鈥檚 board of trustees adopts a policy allowing it. However, a parent in one of those districts can opt a student out of receiving corporal punishment by providing a written notice to the district.

It is not entirely clear how many districts in Texas use corporal punishment. A by the Intercultural Development Research Association found that during the 2017-18 school year, 1,165 Texas schools used the practice to discipline nearly 13,000 students. The nonprofit found that Black students and students with disabilities were disproportionately impacted.

A wide body of research has found that corporal punishment can be harmful to students both physically and psychologically. During a public hearing earlier this month, parents and disability rights activists spoke against the practice and urged the Legislature to ban it.

Clayton Travis, director of advocacy and health policy for the Texas Pediatric Society, said he and other medical professionals have seen kids who suffer from fear and anxiety after facing physical violence from adults. He said nonviolent practices, such as setting boundaries and using positive reinforcement, are more effective discipline tools.

鈥淚鈥檇 like for schools to be [students鈥橾 happy place where they learn and where they are very comfortable,鈥 Allen said on the House floor. 鈥淣ot where they鈥檙e going to get beat.鈥

Adoneca Fortier, legislative director for Allen, said the representative will carry the bill again during Texas鈥 89th legislative session in 2025 if asked. Allen was not immediately available for comment.

This article originally appeared in a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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