MEDFORD MAIL TRIBUNE, MEDFORD. OREGON
SUNDAY, MARCH 10, 1963
B 3
New Pupil Spanking Controversy Swirling Around Georgian
By AL KUETTNER
United Press International
Atlanta - IIIPD - There's a
verse in the book of Prov
erbs that reaos "Foolish
ness is bound up in the
heart of a child but the
rod of correction shall drive
it from him."
Another writer translat-
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cd it this way: "Spare the
rod and spoil the child.
In this modern age, how
ever, teachers who translate
this admonition to the pos
teriors of unruly school
children often find them
selves in a hornet's nest
of public reaction - and
sometimes in a law suit.
A new pupil spanking
controversy is swirling
around Leroy H. Fargason,
53, the principal of the pub
lic school at Taylorsville,
Ga. (Enrollment 500.)
Spanked Several Pupils
Since coming to the
school in September, Far
gason has spanked several
pupils, including the son
of Mayor M. J. Holslein.
The mayor says the county
school board will be asked
to fire the principal. Far
gason also has been charged
with assault and battery for
reddening the backside of
a third grade pupil. The
case is set for an April
hearing.
"With me, spanking is a
last resort," Fargason told
a reporter. "Sometimes I go
a year without any of it."
Fargason once used a
hickory switch but gave
that up for a broad flat
paddle which, he says,
"doesn't humiliate the child
like a switch and doesn't
hurt him much either."
Receives Strong Support
He said he has received
strong support locally for
his disciplinary action and
the pupils involved "are be
having fine now." He said
his mail also has backed
his stand. A stock broker
wrote he had three sons
and had "rather see them
spanked when they get out
of line than become juve
nile delinquents later."
"My problem here is that
you just don't spank a
Holstein and get away with
it," Fargason said.
Like most other states,
Georgia leaves the disci
plining of school children
up to local school boards.
Only New Jersey has a state
law banning corporal pun
ishment. Still Permit Spanking
Dr. Allen Smith, associ
ate state school superin
tendent in Georgia, said
most boards in his state
still permit spanking. He
viewed the main problem
of school discipline this
way:
"Many boards don't set
clear regulations and teach
ers don't know where they
stand. Teachers need to
know that the rug is not
going to be pulled from
under them."
The Atlanta school sys
tem has a strict rule against
corporal punishment, a rule
not entirely acceptable to
some school authorities.
Businessman Harold F.
Jackson, a member of the
school board, argues that
"more children need disci
pline than are getting it.
"When I went to school
in Atlanta, the language I
understood best from my
teacher was a peach tree
switch. We need to get back
to it."
Mounting Problem
The spotlight has been
thrown recently on mount
ing school discipline prob
lems in Washington, D.C.,
where the school board has
refused to budge from its
policy of no corporal pun
ishment. Dr. Carl Hansen, super
intendent o fschools in the
nation's capital, has advo
cated lifting the ban and
also wants an easier way to
expel students.
Hansen said a written
survey among 1,308 teach
ers showed that most have
no desire to spank pupils
Skeleton Found in
Park Along River
Jackson county Sheriff's
Deputy Lee Rice turned
archaeologist Thursday when
he investigated what appear
ed to be an Indian skeleton at
the new Rogue river state
park between Rogue River
and Grants Pass.
The skeleton was found
five feet under the soil. It
was on its back with what
appeared to be the remains
of a shell necklace on its
chest.
The -skeleton was reported
to the sheriffs office by
Charles Richard Pierce, route
1, box 64 A, Rogue River, one
of the workmen doing some
excavation at the park.
"Workmen at the park have
been finding a lot of arrow.
heads in that area and we be
lieve this is an Indian skele
ton," Rice said. "The bones
are under my desk if anyone
wants to look at them," he
added. "I will send them to
Washington along with a skull
found earlier. '
PLACEMENT INCREASE
Salem -IB- The Oregon
State Employment Service
reported a 10 per cent in
crease in job placements In
February, compared lo the
.same period a year ago.
but want to be relieved of
the rule against it.
"It is high time to release
public education from the
pillory to which it has long
been fastened and to define
the purpose of education
and the pupils' responsibil
ity to make use of it," Han
sen said.
Somt Uncontrollable.
"It is inevitable that some
children will be so uncon
trollable as to receive no
benefit from school attend
ance." Nine states- Virginia,
Florida, Iowa, Massachu
setts, Montana, Oklahoma,
Pennsylvania, Texas and
Vermont have state laws
or school codes specifically
allowing teachers to spank
pupils. North Carolina and
Nevada have laws per
mitting but discouraging
practice. Most states, how
ever, simply rely on laws
protecting children from
mistreatment.
Massachusetts prov ides
for "reasonable and moder
ate punishment, never to
be excessive." Recently a
teacher was accused of
grabbing a pupil and throw
ing him to the floor. A
lower court found this lo
be excessive but a higher
state court upheld the
teacher.
Hawaii is one of several
states requiring the pres
ence of "another responsi
ble adult" when a whipping
is administered.
William Coulter, assist
ant superintendent of pub
lic education in Hawaii,
said the "flat of the hand"
or any other suitable in
strument could be used but
that an even more effec
tive weapon of discipline
had been found - withdraw
al of student privileges.
While Iowa has no slate
low on the subject, the state
supreme court has upheld
reasonable corporal punish
ment necessary to maintain
order in the classroom.
Judge Williard Dullard,
a municipal court jurist
who dismissed an assault
case against a superintend
ent accused of slapping a
14-year-old boy, said that
many parents allow their
children to "go loose" and
if teachers cannot use prop
er discipline, "we might as
well close up the schools."
In a number of states the
courts have been inclined
to rule in favor of the
teachers rather than the pu
pils and their parents. They
base their thinking on an
old-established prin c i p I e
known in the law as "In
Loco Parentis" - the teach
er standing in the place of
the parents.
Courts in Alabama have
ruled many times that
teachers may punish chil
dren so long as there is no
criminal intent, malice or
excessive beating. Texas
courts, which permit spank
ings that are not assaults,
accept the fact that blood
was drawn as evidence of
assault.
New York state has an
exception to its penal law
against assault and battery
to cover discipline. Teach
ers are allowed to "restrain
or correct" pupils provided
that the force used is "rea
sonable in manner and mod
ate in degree."
Most states acknowledge
that the pupils who need
extreme measures of disci
pline make up a small per
centage of the student body
but often disrupt the entire
class if not dealt with. In
Washington, Hansen refers
to the group as the "uncon
trollable 1 per cent."
Teachers sometimes find
themselves on the firing
line, particularly when they
try to enforce discipline in
the upper grades.
A New York official re
called a case of some years
ago when four 16-year-old
pupils ganged up on a teach
er who was not a big man
and appeared to the youths
to be no match for them.
To their surprise the teach
er, a former Golden Gloves
champion, beat them all up.
The boys' parents appeal
ed to the state education
commissioner who dismiss
ed the case on grounds the
teacher had been under at
tack and simply defended
himself. !
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