Other measures to prohibit in schools

This area of the website is designed to accompany the Global Initiative handbook Prohibiting corporal punishment of children: A guide to legal reform and other measures (December 2007), available here [LINK] as a pdf. These resources are also available as a separate pdf file here. We welcome further information about other legal and other resources to support prohibition: please email info@endcorporalpunishment.org.

Supporting prohibition in schools

South Africa

Government initiatives in South Africa
The South African government has taken a number of non-legislative measures to implement the prohibition of corporal punishment in schools. Staff members have been appointed at the national and provincial Departments of Education to ensure adherence to the prohibition within the educational system. Training of a number of teachers as trainers of their peers on alternatives to corporal punishment has been initiated. The national department has also published a manual for teachers on alternatives to corporal punishment, which has been distributed widely together with a guide for persons facilitating training on the manual (see Box 5 for details).

There is no doubt about the need for alternatives to corporal punishment. This we attempt to do in this report. The reality of the situation is that many educators face daily struggles in their school environment with issues of discipline. Many educators have found themselves in a position of not knowing what to do in the absence of corporal punishment. These educators are not alone in their struggle; even those educators who are committed to this change sometimes find themselves in a difficult situation.

If we are to have a positive culture of learning and teaching in our schools, the learning environment must be safe, orderly and conducive to learning. This document offers a response to the discipline dilemma. It deals with the legislation and the rationale for the banning of corporal punishment. It provides ideas on how the void can be filled through proactive and constructive alternatives that ultimately contribute to the growth of well-balanced children who are able to interact with each other and their world in a respectful, tolerant and responsible manner.

We begin by exploring the new legislation and reflect on the idea that the growth of a culture of democracy and peace in society demands that its citizens are able to uphold the values of justice, equality, freedom and tolerance. Corporal punishment is by its very nature, anti-human and ultimately an abusive practice that entrenches the idea that violence provides a solution to every problem in the classroom. The removal of corporal punishment and the elimination of other dehumanising practices in our schools are necessary steps towards the development of a culture of human rights in our country. Of course, rights must be exercised responsibly.

It is important to make a distinction between discipline and punishment. Punishment is based on the belief that if children are made to suffer for doing wrong, they will not repeat their inappropriate behaviour. This approach has done untold damage to countless children, often resulting in feelings of alienation, entrenched patterns of anti-social behaviour and even acts of violence. The second part of this document considers the distinct differences between punishment as a punitive measure and discipline as an educative and corrective practice.

Educators are given the opportunity to reflect on their own approaches to discipline in order to identify what they are getting right and where they perceive they still need to develop their approach. Educators are not expected to follow the same approach and to adopt the identical measures. There is room within the practice of positive discipline for individuality and creativity. There are many alternatives to corporal punishment, and it is through practice that they will be developed by learners, educators and parents.

The report is presented in three sections: (1) Why corporal punishment is banned; (2) Alternatives to corporal punishment in the classroom; (3) Disciplinary measures and procedures.

Following an explanation of the reasons for prohibiting corporal punishment and of the distinction between discipline – "which we have already stated relies on constructive, corrective, rights based, educative practices" – and punishment – "which is perceived as punitive, destructive and anti-educational" – the reader is invited to reflect on how what has been said so far relates to him/her, with the aid of a tickbox exercise to identify his/her disciplinary approach up to now. Then a section on establishing discipline in the classroom outlines the means of creating a positive culture of learning and teaching:

Readers are invited to answer questions which will help them to identify their own disciplinary style – the democrat, the community builder, the behaviourist, the empathiser. For each, practical strategies for discipline are given which do not include corporal punishment. The point is that using alternatives to corporal punishment does not mean that every teacher must approach discipline in the same way. It is about working with individual styles, building on what is positive and expanding the repertoire of non-violent techniques.

The third part of the report – Disciplinary measures and procedures – looks at the importance of the school Code of Conduct, gives guidelines for what should be included, and the outline of a process a school can take in developing their school code of conduct. Included is a table which gives concrete examples alongside the principles that should be included, taken from real schools. The following extract is illustrative:

Area – 5. The rights of learners. Examples:
Every learner has the right:

To be treated fairly and the responsibility to show respect to others
To be taught in a safe and disciplined school environment and the responsibility to uphold school security and be co-operative
To be treated with respect by the school community regardless of personal, cultural, racial, religious or other differences and the responsibility to be tolerant and considerate of others and their beliefs ...

Area – 6. The rights and responsibilities of educators with regard to learners. Examples:
Conduct themselves in a professional and responsible way
Not use abusive language or behave in an abusive way
Be punctual and report regularly for school and classes
Be well-prepared for teaching their classes
Mark homework and assignments within a reasonable time frame
Respect all people and property
Encourage an atmosphere of effective learning and teaching
Plan flexible lessons that address the varied and special needs of learners
Follow the rules, procedures and codes of conduct of the school, government and South African Council of Educators ...

Area – 8. School Rules, Regulations and Provisions. Examples:
Discipline and punishment. The purpose of discipline and punishment should be constructive and not destructive; educative rather than punitive. The aim of discipline should be to educate and nurture values of tolerance, respect and self-discipline in the learner rather than to victimise, seek revenge or belittle him/her.

There follow examples of dealing with misconduct at various levels: (1) misconduct inside the classroom; (2) misconduct by breaking school rules; (3) serious misconduct or serious violation of school codes; (4) very serious misconduct or very serious violations of school codes; and (5) criminal acts which not only violate school codes but which breach the law.

Step 1: Think about the general purpose of education and what your school's overall aims and outcomes are. Develop a vision for your school which supports the achievement of these aims.

Step 2: Once the vision and the mission of your school are in place, you are ready to plan a disciplinary code by setting goals and developing ways to meet those goals. Make sure your disciplinary policy is in line with the overall vision and mission of the school.

Step 3: The implementation of a disciplinary policy needs to be supported by school structures and procedures. Decide which structures these should be and what role they should play in dealing with discipline, i.e. how will decisions be made, who will be accountable to whom, what responsibilities the structures will have, what communication procedures will be used, how activities will be co-ordinated and what rules will govern these activities.

Step 4: Does the school have the physical resources it needs to implement the disciplinary policy effectively? For example, if one part of your policy is to keep in touch with parents, are there ways of getting in touch with parents, do you have up to date records, are there ways that parents can reach the relevant people, do you send home regular communications?

Step 5: Implementation and evaluation – all the planning has been done, you are now at the stage where you can implement (activate) your disciplinary procedure. It is essential that you keep evaluating its effectiveness by checking the responses of learners, parents and teachers and of course, monitoring its impact. You might find that you have to revisit step 1 or make some minor adjustments if it is not working well. Evaluation should be an ongoing part of your disciplinary code and procedure, as that which works well for a time, can always be improved.

Non-government initiatives in South Africa
Non-government bodies have also supported prohibition. Every four months the Children’s Rights Project at the Community Law Centre, University of Western Cape publishes the journal Article 19 which seeks to promote positive forms of discipline and the abolition of corporal punishment and other forms of humiliating and degrading punishment of children throughout Southern Africa (see www.communitylawcentre.org.za/Childrens-Rights). For example, it includes reports on national progress towards legal reform, articles promoting positive discipline in schools and at home and explaining the negative effects of using corporal punishment, interviews with key people, and information about campaigns, conferences and resources.

The organisation RAPCAN (Resources Aimed at the Prevention of Child Abuse and Neglect), based in Cape Town, is implementing a programme on positive discipline. RAPCAN organises workshops for teachers on children's rights and positive forms of discipline, followed by visits to schools to assist teachers to implement what they have learned from the workshops in practice. In the future, the organisation will also meet with the management of schools to discuss the ways in which they can play a supportive role to the teachers. In 2006, RAPCAN will finalise a toolkit to be used in training sessions on positive forms of discipline. The toolkit will consist of a training manual and a "Tips for Teachers" booklet as well as a storybook for children with ideas for classroom activities to reinforce messages linked to positive forms of discipline (for further information see www.rapcan.org.za).

The Wits Education Policy Unit in collaboration with the South African Human Rights Commission and the British Council in 2001 published a guidebook for teachers promoting the use of positive discipline techniques at the class and whole school level (Alternative to Corporal Punishment: Growing discipline and respect in our classrooms by Kimberley Porteus, Salim Vally and Ruth Tamar). The guidebook takes a non-condemnatory but non-compromising approach, acknowledging the difficulties teachers may face and not pretending that change is easy but nevertheless emphasising that only non-violent and positive disciplinary approaches are acceptable. The book aims to provide "information and practical ideas on how to build discipline and respect in your classroom and school", to "increase the number of teachers who are passionately committed to finding effective alternatives to corporal punishment" and to "provide some seeds for thought – lessons and ideas that have proved to be useful in the search for effective alternatives to corporal punishment in other contexts" (pp.1-2).

The guidebook is presented in three sections, the first explaining the reasons for prohibiting corporal punishment, the second providing practical ideas on how to build respect and discipline in the classroom, and the third providing ideas for building respect and discipline in the school as a whole. Readers are encouraged to use the guidebook individually, as a resource for school support groups, and in training seminars, including those involving school governing bodies.

The guidebook contains exercises (e.g. on thinking about the purpose of education, what children might be learning from corporal punishment), identifies the characteristics of an effective educator and addresses common arguments in favour of corporal punishment. Then there are almost 60 pages of practical advice, ideas and exercises looking at the need for change at a personal and classroom level. At a personal level are practical ways teachers can support themselves through the process of change (e.g. through keeping a journal, forming a support group). It also warns against the use of strategies of humiliation and neglect in place of corporal punishment, which are also unacceptable. It looks at change at the classroom level from the perspectives of four schools of thought: (i) behaviour modification techniques; (ii) understanding barriers to learning and social challenges which prompt a child's problem behaviour; (iii) the democratic discipline approach (involving pupils themselves in decision making); and (iv) community building (emphasising the building of a commitment to respect and dignity rather than discipline and compliance).

Finally, the approaches to discipline discussed so far are contextualised as part of a whole school approach. The following concrete ideas for developing a whole school approach are discussed: educator support group, school code of conduct, support service network, identify fun and privileges, forum for resolution, violence prevention programmes, "pastoral" teachers, community mentors, spiritual reflection, peer counselling, students as counsellors, involving parent figures, building a community-orientated school, participatory action research, and building a learning organisation.

The guidebook finishes with a set of appendices containing: (a) lessons from international research on the behaviour and discipline strategies; (b) guidelines for schools; (c) guidelines to be considered by governing bodies in drafting a code of conduct for learners; and (d) contact details for non-governmental support organisations.

United Kingdom

Promoting positive discipline in schools
Behaviour in Schools: Framework for Intervention (1998, 2003), published by the "New Outlooks" Study of Emotional and Behavioural problems for Birmingham City Council Education Department in the UK, describes an approach to managing behaviour in classrooms which draws on a number of sources which are adapted to the local context within the context of UK legislation. It is a preventative approach to managing pupil behaviour that focuses on the school teaching environment as key to positive teacher-pupil relations. The website contains a number of documents available for download and suggests a number of professional courses ranging from behaviour theory to behaviour during playtimes and lunchtimes (http://atschool.eduweb.co.uk/outlooks/). The original document describing the Framework in detail gives practical advice and examples for behaviour management at the whole schools, classroom and individual levels, based on a set of "Principles for Action":

Underlying philosophy:

Practical principles:

1. Equal opportunity and maximum inclusion

3. Positive approaches to behaviour

4. Organisational consistency and improvement

5. Working with children and parents

6. Appropriate and effective agencies

Also in the UK, the "Improving Behaviour in Schools" website (www.dcfs.gov.uk/ibis/index.cfm) contains the government's official policies on promoting positive classroom behaviour in schools, as well as documents, leaflets, checklists and contacts on many aspects of pupil behaviour and bullying, including case studies of schools that are tackling behaviour problems. There are also a number of pupil referral forms that teachers may find useful. The "Teachernet" website offers practical tips and guidance on a range of common behavioural issues, including abusive language, bullying, homophobia and truancy, compiled by the government (www.teachernet.gov.uk/wholeschool/behaviour/). It includes commissioned articles by experts, detailed factsheets, and school case studies.

In May 2005, the government established the Practitioners' Group on School Behaviour and Discipline to give independent advice to the government on how behaviour in schools could be improved. The final report identifies aspects of good practice that create the right conditions for good behaviour and gives practical examples, and concludes with 84 recommendations to government. The report, Learning Behaviour: Report On the Practitioners' Group on School Behaviour and Discipline, is available online.

Guidance for school inspectors
The Office for Standards in Education in the UK has published guidance for inspectors monitoring behaviour and discipline management in primary and secondary schools and in special schools and pupil referral units. Extracts from this guidance (effective from September2003) are reproduced below.

Do teachers make effective use of time and insist on high standards of behaviour?"
Assess whether the teacher establishes a productive climate for learning in which pupils and children feel secure. This is likely where adults focus on learning rather than on behaviour, and where pupils' contributions are valued. Features that reduce inappropriate behaviour include:

While classroom management is important, be careful that its evaluation does not overshadow judgements about how effectively pupils learn.

Occasionally, the misbehaviour of one pupil or a small group defies all reasonable strategies for managing it. This will affect judgements about learning and requires analysis of the school's strategies for supporting the teacher and all pupils in such circumstances."

To what extent does the school set high expectations of pupils' conduct and successfully implement policies to achieve them?

Schools must have a written behaviour policy. It should set out underlying values and principles, a code of conduct, how good behaviour is promoted, the sanctions that apply to poor behaviour, the arrangements for supporting staff and pupils, and the way in which the application of the policy is monitored and reviewed.

Does the policy have the general support of the whole school community? Is it applied with rigour and care, so that staff, parents and pupils see it as fair and effective? Does it link well with action on harassment and bullying? Is it reinforced by the assembly and tutorial programme and by the school's work on personal, social and health education, and citizenship?

Are pupils clear about the conduct expected of them in, for example, classrooms, laboratories, workshops, corridors and playground and social areas? How do staff act on the policies in their contact with pupils? Are different pupils and situations dealt with in a consistent way? Indicators of consistency may be found in records of referrals and sanctions such as detention. Inspectors should establish how well the school's expectations are known and how consistently pupils live up to them.

Where schools are involved in particular projects to improve behaviour, inspectors should evaluate their success. Look for evidence of how behaviour has improved over time, what is being done to tackle the causes of misbehaviour and consolidate improvements. Where strategies to promote high standards of behaviour are particularly successful, these should be described in the report.

Do teachers make effective use of time and insist on high standards of behaviour?

Assess whether teachers establish a productive climate for learning. This is likely where the focus is on learning rather than controlling behaviour, and where pupils' contributions are valued. Features that reduce the incidence of inappropriate behaviour include:

While classroom management is important, be careful that evaluation of it does not overshadow judgements about how effectively pupils are learning.

Occasionally, the misbehaviour of one pupil or a small group of pupils in a class defies all reasonable strategies for managing it. This will affect judgements about learning and requires investigation of the school's strategies for supporting teachers and pupils in such circumstances. Even teaching of high quality can sometimes be subverted by disruptive pupils who do not want to learn. Provided the teacher has done everything possible to engage such pupils, the quality of teaching should not be penalised unfairly.

From the Handbook for inspecting special schools and pupil referral units (pp.57-58, 72, 103):

To what extent does the school set high expectations of pupils' conduct and successfully implement policies to achieve them?

Schools should make clear to pupils the conduct they expect. In schools and units where pupils have emotional or behavioural problems, much of the school's success flows from how well this is done and how clearly the school sets out what will happen if rules or everyday routines are transgressed. Look for consistency in the application of rewards and sanctions; they should be fair, age appropriate and, above all, effective in reducing inappropriate or unacceptable behaviour. If inspectors have concerns, they should check the policy on behaviour to see if the expectations are explicit. Make sure that sanctions are appropriate and do not conflict with principles underlying the Children Act related to welfare, safety and the rights of children. If 'time out' is used, make sure that pupils are never locked in, that there is adequate supervision and that there is no abuse of this sanction. If restraint is used, check that separate accessible records are maintained and monitored, and that all staff are appropriately trained to use practices that are consistent with local and national guidelines.

Do teachers make effective use of time and insist on high standards of behaviour?

Assess whether the teacher establishes a productive climate for learning in which pupils feel secure. This is likely where there is a focus on learning and the management of behaviour is interwoven through the lesson rather than dominant. It is also likely to be where pupils' contributions are valued and a strong spirit of mutual respect and trust, for example about personal and confidential matters, is shown. Expect to see plenty of evidence of concern for pupils' welfare, dignity and entitlement to fair treatment, even where behaviour is unacceptable or potentially harmful to others. Staff should demonstrate their understanding of the pupils' emotional needs, for example, a reluctance to communicate or a need to express anger.

In schools where pupils have emotional, social and behavioural difficulties, regular and prompt reminders about individual targets for improving behaviour will be threaded throughout the teaching and behaviour reviewed and perhaps rewarded (or not) at the end of a lesson.

Features that reduce the incidents of inappropriate behaviour and lead to improvement include:

Establishing complaints mechanisms
In 2005, the Welsh Assembly Government published a consultation document on complaints procedures involving pupils. The outcome of the consultation is not yet available, but the document provides useful indicators for the development of complaints mechanisms as a way of ensuring that school discipline is carried out in accordance with the principles of positive discipline and that pupils are enabled to draw attention to breaches of this approach. The document suggests that the content of the pupil element of a complaints procedure should include:

In developing or amending school complaints procedures to include complaints involving pupils, it is suggested that the governing body may need to:

Pupils should be given a copy of the complaints procedure in appropriate and accessible language, and the procedure should be published for example on notice boards, posters, inclusion in the school newsletter, inclusion in the home-school agreement or inclusion in homework diaries. There should be a single procedure suitable for use by both adults and pupils. All complaints, and action taken, should be recorded.

Schools need to ensure fair hearing and fair treatment for everyone using the complaints procedure, treating pupils and adults as having equal rights.

However, young people's knowledge, understanding, experience and skills in selfexpression may place them at a disadvantage alongside adults. Advocacy arrangements are intended to redress this by balancing support for pupils with the entitlement of staff and other adults to be supported during the investigation of any complaint in which they are mentioned ... The complaints procedure will need to address the issue of how pupils should be supported.

The rights of adults are not to take precedence over the rights of any pupil involved. No one should be subject to any reprisal, or less favourable treatment than others, because they have made a complaint.

The document suggests that when handling complaints by pupils, the follow principles should be followed:

When making a complaint a pupil needs:

The effective hearing and resolution of complaints is a participatory process. It is essential that the pupil is able to fully discuss his or her concerns, is given time to be heard fully and fairly and, where appropriate, is offered the support of an advocate.

Where complaints concern an existing school policy, such as pupil behaviour and discipline:

Legal Reform Index Page

Other measures to prohibit corporal punishment

Supporting prohibition in schools

South Africa

United Kingdom