A football coach left Sarah T. Reed High School last week after an alleged paddling incident, officials confirmed.
Einstein Charter Schools, which operates Reed, “is aware of an alleged paddling incident involving a coach who is no longer employed at the school,” said spokeswoman Heather Harper, who noted that the school investigated the allegation and notified law enforcement, which she said reviewed and filed no charges.
The coach’s last day was Tuesday (Sept. 2), Harper said.
The incident again raises questions about whether the city’s charter schools must follow policies instituted by the Orleans Parish School Board. In this instance, OPSB had instituted rules against corporal punishment a half-century ago. Should OPSB policy, set by elected school-board members over decades of governance, still hold sway, within the city’s charters? And even if the incident didn’t rise to the level of criminal charges, which entity — the state or OPSB — should provide oversight and investigation to the matter?
Across the nation, nearly two-thirds of states have banned corporal punishment — the physical discipline of a child — in schools since at least the 1990s. The American Association of Pediatrics recommends that all states abolish the practice in schools by law.
The holdout states, which still allow spanking and other physical punishment in schools, are concentrated in the South. Until two years ago, corporal punishment remained legal in many Louisiana school districts; the practice now is prohibited unless a parent gives written permission.
Little is known about the alleged incident at Einstein: when the alleged paddling occurred and whether it was on or off campus. The charter group’s schools “strictly prohibit paddling or any form of physical punishment,” Harper said.
Louisiana’s steps toward a corporal-punishment ban
The state’s shift away from corporal punishment began in 2017, when Louisiana barred schools from using corporal punishment on any students with disabilities who have formal Individual Education Plans, known commonly as IEPs. Until August 2023, Louisiana school districts still could opt into corporal punishment. School staff in those districts had “discretion” in using it. Then the state banned it entirely – unless permitted by parents.
The legal changes in Louisiana over the last decade are positive for students, said attorney Sara Godchaux, law-clinic professor with the Disability Justice Clinic at Loyola University of New Orleans.
“It made it a lot harder to use corporal punishment on students than it was 5 years ago, 10 years ago,” Godchaux said. “There has to be explicit written consent for it to be performed. And there is a blanket ban on corporal punishment for any student with a disability.”
Data shows that the punishment disproportionately affects Black and brown students and students with disabilities.
Though the 2017 blanket ban on Louisiana students with disabilities was a victory, challenges remained. Corporal punishment still disproportionately affects students with disabilities, Godchaux said. That’s because schools do not always recognize them as students with disabilities – disability classification requires evaluations and a lot of paperwork.
The Orleans Parish School Board has long banned corporal punishment. But these days, that ban may only cover The Leah Chase School, the only district-run school.
In general, OPSB policy only applies to schools it runs directly. For example, in 2018, the board passed a $15 minimum wage for cafeteria workers. But despite all the fanfare, it only applied to district employees — not those who worked in charter-school cafeterias.
Governing through charter contracts
In New Orleans, nearly all charter schools are independent school districts, setting their own discipline policies. It’s unknown whether any schools allow physical punishment with parental permission.
A 2019 paddling allegation at Warren Easton Charter High School illustrated the policy gap between the district and its charter schools. A family claimed their 9th grader was subjected to “at least eight separate incidents of corporal punishment” with a paddle four football coaches called “Big Freedia.” It resulted in a lawsuit that also alleged that teachers failed to report the paddling.
Educators, and many other professionals who interact with children through their jobs, are “mandatory reporters.” That means they must report all suspected child abuse to law enforcement.
The level of NOLA Public Schools involvement in the Reed matter is unknown. The district did not respond to an inquiry from The Lens.
Despite its volumes of school policies passed over decades of governance, the NOLA Public Schools district governs charter schools through a much smaller scope — an operating agreement and charter performance framework. The district uses a written warning system in some cases. The operating agreements offer some broader areas where OPSB could intervene.
In this case, the district must decide if the allegation rises to concerns about student wellbeing. A school’s charter contract can be “immediately suspended upon a determination that the health, safety, and/or welfare of students is threatened.”