Friday, September 25, 2009 

The guardian of a 6-year-old kindergartner is suing the Leflore County School District for $500,000 for allegedly repeatedly spanking the girl.

Ruby Givens filed the lawsuit July 17 in Leflore County Circuit Court on behalf of the child, A’vonna Townsend. Givens is also asking for the school district to either pay for Townsend to attend a private school or give an additional $40,000.

Leflore County Superintendent Jean Hall said this morning the district had not been served with the suit yet.

Givens, who is Townsend’s great-aunt, stated in the lawsuit that the girl fears attending school because she has been constantly paddled for her misdeeds there.

“Repeated corporal punishment inflicted on a 5-year-old female who is a ‘crack baby’ is totally inappropriate and is against the wishes of her guardian who has demanded that corporal punishment not be inflicted on her ward,” the lawsuit states.

Townsend suffers from behavioral problems and learning disabilities, according to the lawsuit.

The court documents allege the schools have not met Townsend’s special needs and thus should be required to pay for her education at a private institution.

Givens referred calls this morning to her attorney, William Bambach of Columbus.

Bambach said he believes that no child should be paddled but that it is “almost obscene that anyone would paddle a 5-year-old girl.” Townsend recently turned 6.

“The teachers paddle her a lot, and then they deny it after they’ve done it,” Bambach said.

Hall declined to comment because the schools had not received official notice of the court filing. She said typically the district hands lawsuits over to its attorney upon receiving them.

According to the elementary student handbook posted on the Leflore County School District’s Web site, corporal punishment is allowed “only after less stringent measures such as counseling, parental conferences and other forms of discipline have failed to produce the desired results.”

It is to be done by a certified employee in the presence of another employee. A paddle or flat leather strap is used, and the punishment is to be administered in the principal’s office or another private place.

One to five strokes are given per paddling, and no student is supposed to be spanked more than twice per day.

Parents are allowed to prohibit the school from using corporal punishment by making a written request. The policy also states the parent must be able to get the child to behave properly if they don’t want them spanked. If not, the child can be suspended until the parents can provide assurance that he or she will act right.

Townsend remains enrolled at Claudine Brown Elementary, but Bambach said Givens told him she was called to pick her up from school earlier this week because of problems.

“They don’t seem to have a place in school to treat her,” the attorney said.

Conflict between Givens and the school administration about Townsend’s behavior and paddling began last year when the girl was in pre-kindergarten.

In November, Givens swore an affidavit against Townsend’s then-teacher at Claudine Brown alleging simple assault.

At the time, school officials said a letter from Givens requesting no corporal punishment had been received, and Townsend had never been paddled.

No arrest has been made in that case.