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May 3, 2001
Lawsuits Touch Off Debate Over Paddling in the Schools
By JODI WILGOREN
Megan's father, Robert Cahanin, recalls that when he first saw the
bruises, hours after she was paddled by her school principal for elbowing a
friend in the cafeteria, he collapsed on the floor, crying. Then he picked up
the phone and called the police, the school board, the governor, his lawyer. "It hurt me more than it hurt Megan," Mr. Cahanin said in a
twist on the old parental prespanking saw. "You don't hit on my
baby." Megan, a fourth grader whose name appears more often on the honor roll
than on a referral slip to the principal's office, is one of millions of
public school students still subject to corporal punishment, and in March her
family joined a small but apparently growing number who are suing to stop it.
Megan's classmate DeWayne Ebarb, a hyperactive child who has been paddled
regularly throughout his time at Zwolle Elementary — on 17 occasions in 8
weeks last fall alone — filed a second suit in late April, leaving this
close- knit logging town of 2,000 pondering a practice as old as time. Though it gets little attention, corporal punishment in schools remains
legal in 23 states, and the United States Education Department's most recent
data show that 365,000 children were paddled in the 1997-98 school year, most
in a swath of Southern states that could be called the Belt Belt. Yet recent debate over corporal punishment focuses largely on parents,
with even many pro-spanking psychologists and pediatricians loath to support
the principal's paddle. At the same time, though, some school districts and
states say they must increasingly rely on physical discipline as the public
pushes for a crackdown on student misbehavior. And legislation pending in Congress as part of President Bush's education
package could expand the practice by giving teachers and principals broad
protection from liability for disciplinary actions. "Almost every democracy in the world has bans on corporal punishment
— we're going in the opposite direction," said Robert Fathman of Dublin,
Ohio, president of the National Coalition to Abolish Corporal Punishment in
Schools. "You can't whack a prisoner, but you can whack a kindergarten
child." But in many communities like Zwolle (pronounced zeh-WAH-lee), a hamlet
about 80 miles south of Shreveport best known for its annual tamale festival,
parents and educators base their support for corporal punishment on two
powerful sources: the Bible, and their own experience. "That's the way that I grew up, that's the way it's always been in
this society here," said Dan Leslie, superintendent in Sabine Parish,
whose 12 schools include Zwolle Elementary. "You act ugly, you do
something bad, you get a whipping." Of the 27 states that have banned corporal punishment in school, the first
was New Jersey, in 1867. Massachusetts came next, a century later, in 1971. When
Mr. Fathman started his crusade in 1984, after his own daughter landed on the
painful end of a paddle, five states had adopted bans. The 27th, West
Virginia, acted in 1994, following states that also include New York and
Connecticut. The number of paddlings around the country, the Education Department
figures show, dropped from 1.4 million in the 1979-80 school year to 613,000
in 1989-90 to 470,000 in 1993-94. In many states that allow corporal
punishment, individual districts ban it, and in most schools that allow it
parents can sign a form exempting their children. Black students are 2.5
times as likely to be struck as white students, a reflection of what
researchers have long found to be more frequent and harsher discipline for
members of minorities. Court challenges have been largely unsuccessful, given a 1977 decision by
the Supreme Court rejecting the notion that paddling is cruel and unusual
punishment. A decade later, a federal appeals court ruled that a New Mexico
girl held upside down and beaten had been denied due process, signaling that
school officials could be held liable for severe beatings. But similar
findings have been rare. "The vast preponderance of the lawsuits challenging the use of
corporal punishment in individual instances are unsuccessful," said
Charles Vergon, a professor at Youngstown State University in Ohio who has
studied the issue for 15 years. Families tend to win such cases, Professor Vergon said, only when
educators have "abused in a fairly significant way the public's trust." The federal liability-protection legislation mimics statutes in nine
states where paddling is popular, including Louisiana. Scott McLellan, a
White House spokesman, said the measure would head off frivolous lawsuits
against educators and cited a survey showing that 31 percent of high school
principals were involved in litigation last year, up from 9 percent a decade
earlier. Many education and medical groups oppose corporal punishment, saying it
aggravates aggression and can cause depression. But Robert Surgenor, a detective in Berea, Ohio, who wrote a recent book
on corporal punishment, said "pain is probably the most effective form
of discipline." Over 14 years, Detective Surgenor said, he investigated
more than 150 cases of children who had assaulted their parents and found
that fewer than 2 percent had been subjected to corporal punishment, a much
smaller proportion than in the community as a whole. Emily Williams, a kindergarten teacher in rural Mississippi, said that
when she arrived from Williams College last year, she was horrified to hear
teachers striking students in the hallways, the classroom and the cafeteria.
But by March, frustrated by her own inability to control her class, she had
picked up the paddle herself. "It's so easy to say that's crazy or that's brutal or unnecessary or
savage, but it's part of the whole system," Ms. Williams said. "A
lot of things are different down here." Robert Cahanin and his wife, Chenette, never complained when their older
child, Matthew, got a few swats for leaving his seat or ignoring directions.
But it was different when Mrs. Cahanin picked up Megan, who weighed 68
pounds, from school that day last December. Megan started to cry. Then she
showed the bruises. "She had to give me a reason why she hit Megan that hard," Mrs.
Cahanin said of the principal, Judy Rials, who had administered the customary
three licks. "If I had done that to Megan, I would be consulting an
attorney to get me out of jail." When she heard of the Cahanins' complaints, Joy Ebarb, DeWayne's mother,
began to question the repeated paddling of her son, who takes Ritalin for
attention deficit hyperactivity disorder. DeWayne says the paddling does not
hurt. But his mother says he has started to flinch when she reaches to hug
him. At school, Mrs. Rials keeps the Ten Commandments posted behind her desk,
along with the aphorisms "When we tolerate everything . . . we
stand for nothing," and "That which doesn't kill you will make you
stronger." The teachers have 3-by-9- inch paddles, most made by students
in wood shop; Mrs. Rials's, about six inches longer, was taken by the
district attorney's office, which cleared her after an investigation into the
paddling of Megan. "It's not our favorite part of the day," Mrs. Rials said of paddling,
which she has done hundreds of times in four years as principal. But it is
better than suspension, she said, particularly for fourth graders, who must
pass a state test to be promoted. "You can't educate a child if they're
not in the classroom," she said. "Keeping children from the
classroom could be devastating. It could change their lives." Since her paddling, Megan Cahanin has started biting her nails and, most
mornings, tries to avoid going to school, her parents say. The Cahanin and Ebarb lawsuits, against the school district and Mrs.
Rials, argue that corporal punishment violates the guarantee of equal
protection, since it is illegal for those in authority to hit prisoners,
nursing home residents or children in foster care. The question has generated scores of messages on a community forum on the
Internet, and gossip around town. Some accuse Megan's parents of beating her
themselves, or blame them for showing the snapshots around. Others suggest
that the whole school district, the entire town hierarchy, is corrupt. People
quote religious maxims, and talk about when they were coming up. "The Lord said, Spare the rod, spoil the child, and I think he knows
a lot more than those bleeding-heart liberals," Pat Ebarb (no relation
to DeWayne), the police chief in nearby Noble, said over coffee and
cigarettes at Bill & Sissy's Cafe. "A child needs discipline. I
don't believe they ought to be abused or mistreated, but if they need their
behind dusted, let them get it." Tears come whenever Mrs. Cahanin takes out those pictures of her
daughter's bruised buttocks. With sorrow, she recalls a moment months before
when Megan was playing school in her room, swinging a fly-swatter at her
dolls' backsides, and wishes she had signed a paper that would have prohibited
paddling her daughter. Megan, sitting on her parents' back porch watching a downpour hit Toledo
Bend Lake, said, "You try to forget about it, but sometimes you just
can't." "It's so painful seeing that lady every day," she said.
"Whenever I see a paddle, I just move away." |
Christian schools asks Appeal Court for right to spank pupils
Tue May 14, 2002 7:44 AM ET
LONDON - A private Christian school that says corporal punishment is part of its religious doctrine asked the Appeal Court on Tuesday to uphold its right to to spank unruly pupils.
The Christian Fellowship School in Liverpool, northwest England, claims a 1998 government ban of corporal punishment in schools is "out of sync" with the wishes of the public and infringes the rights of Christians to practice their beliefs.
The school is appealing a High Court ruling in November that it had no right to hit pupils, even with parents' consent.
The school argues that the government ban breaches the right of Christians under the European Convention on Human Rights to practice their beliefs.
Lawyer Paul Diamond, representing the school, told the court corporal punishment is a doctrine advocated in the Bible and was thus part of the ethos of evangelical schools.
There was evidence, he told the judges, that teachers no longer had the means to deal with the rising tide of violence, bullying, disruptive and anti-social behavior in schools.
School principal Phil Williamson says that when the school petitioned the European Court of Human Rights in Strasbourg in 1999, it ruled there was nothing in the law to prevent schools spanking children if their parents approved. The British government has rejected the European Court's ruling.
Physical punishment of children is illegal in several European countries, including Sweden, Denmark and Austria. In Britain, parents may hit children if it constitutes "reasonable chastisement." Corporal punishment was banned from all schools in 1998.
The Christian Fellowship School has pupils from many Christian denominations aged 4 to 16. Williamson said parents want the school to be able to hit children "sparingly," believing this to be a better punishment than suspension.
Forty other religious schools have supported his campaign, saying that without the right to spank, schools become undisciplined, leading to a drop in standards of education and behavior.
The hearing was expected to last all day, but the judgment was to be given at an unspecified date.