JACKSON, Miss. ( WJTV ) – A controversial practice to discipline children in school is still widely used in Mississippi

According to the National Education Association, corporal punishment in school is legal in 17 states, including Mississippi. Based on data from the U.S. Department of Education (DOE), Mississippi is the national leader in the use of corporal punishment. From 2011-2012, the state conducted 18.73% of all uses of corporal punishment nationwide.

Under Mississippi Law, public employees cannot be held personally liable for actions that occur within the scope of their job. In 1999, the Mississippi Supreme Court found in Duncan v. Chamblee that this premise may apply to school employees authorized to use corporal punishment.

Many states and school districts nationwide banned corporal punishment due to its ineffectiveness and how it is used. Research shows that physical discipline does not effectively reduce unwanted behavior in schools. Additionally, Black students and students with disabilities are twice as likely to receive corporal punishment in school as white students without disabilities.

Additionally, corporal punishment often negatively affects students’ mental health and can lead to serious physical injury. Defendant Lynn Chamblee injured plaintiff Raymond Duncan while using corporal punishment. It is still allowed within the school district at the heart of the 1999 court case.

In 2023, both the American Academy of Pediatrics and the DOE called on schools to stop administering corporal punishment. However, only a handful of districts in Mississippi have done so. Still, there are certain situations where children cannot be physically disciplined.

Children with certain disabilities or in childcare facilities cannot receive corporal punishment. Though allowed in the home, it cannot be used by anyone toward foster children. Mississippi Department of Human Services policy requires that reports of corporal punishment against children in foster care be investigated as potential child abuse.

Since the 2020 legislative session, Representative Carl Mickens (D-District42) and Senator Sollie Norwood (D-District 28) have authored eight bills to outlaw corporal punishment in public schools. Eight bills authored by Representatives Carolyn Crawford (R-District 121), Mark Tullos (R-District 79), and Senator Brice Wiggins (R-District 52) required parental permission for school districts to use corporal punishment on their children. All bills died in committee.

WJTV 12 News reached out to the chairs of the Education Committee in the Mississippi House and Senate for comment. As of publication, neither have responded.

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