Some Utah legislators were upset this week to learn that State Board of Education rules that prohibit all spanking in schools take precedence over a state law adopted in 1992 allowing corporal punishment when teachers have parental permission.

Yet, aside from the legal question of whose authorized view should prevail, the Board of Education ban against spanking is amply justified on the merits of the issue. As this page pointed out last year, allowing a teacher to hit a child is simply not an acceptable form of education.Ironically, the 1992 law that allowed spanking was passed under the guise of a measure to forbid corporal punishment in Utah schools. During its journey through the Legislature, the perfectly sensible original bill was amended to provide an exception when parents authorized such punishment.

Thus, a law meant to prohibit spanking ended up specifically allowing it in certain cases. That in turn put educators in the difficult situation of being authorized to hit some unruly children but not others.

Board of Education attorney Doug Bates told members of the Legislature's Administrative Rules Committee that the Utah constitution clearly gives the board extensive powers to determine education rules. That power cannot be undermined by the Legislature.

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The Board of Education and the Legislature ought not to be at loggerheads on school issues. For the state education system to function effectively, all parties should be in harmony regarding goals and rules.

But in this case, the Board of Education is on the right track and the Legislature got it wrong last year.

As this page pointed out it 1992, firm discipline is vital in any good school system. But it should consist of clear, fair rules and logical consequences for misdeeds. Resorting to violence teaches all the wrong lessons and is counterproductive.

National studies show that in schools where corporal punishment is prevalent, dropout rates tend to be higher and academic performance lower. Fear is simply not the best motivator for learning.

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