July 15, 2009

Joe Davis, Chief, Bureau of Family and Community Outreach, Florida

Dear Mr. Davis,

I am in receipt of your July 10th e-mail in response to my letter of June 27 to Commissioner Smith.

The two questions I asked Commissioner Smith were direct and uncomplicated. Your response, however, failed to address either. Instead, you cited the statutory basis for the use of corporal punishment in Florida schools - a law that, in effect, puts schoolchildren at risk of (my language) being forcefully, repeatedly battered with a wooden board on their pelvic area, with the locus of impact being in close proximity to the anus and genitals.

You say, "Ultimately, it is a district decision if corporal punishment is implemented." The only stipulation is that the policy be reexamined every three years. Otherwise it expires.

What you have described is how the state, by deferring to local authority, divests itself of responsibility for an act that would constitute a felony were it imposed on a victim over the age of 18, and how Florida school districts, confident that they have the blessing of the State, are at liberty to invent their own policies in this regard.

You say, "The role of the Department of Education (DOE) is to provide leadership." I agree. And I can't imagine a better way to provide leadership than by vigorously lobbying the state legislature to immediately revise Article IX so that it establishes a standard for the management of students that is in keeping with the best modern practices. In no way does the use of corporal punishment meet that standard. It's archaic and barbaric. Its use exposes schoolchildren to a high risk of physical and emotional harm, and exposes those who harm them to serious liability. It makes the teaching profession in your state a safe haven for the unfit, and it sets a bad example for the general public.

Sincerely,

Jordan Riak, Executive. Director.

cc: Commissioner Eric J. Smith