Teacher fired for refusing to use corporal punishment on autistic

November 28, 2008

Former teacher sues Booneville School District

11/28/2008 5:26:22 AM

Daily Journal

BY LENA MITCHELL

Daily Journal Corinth Bureau

BOONEVILLE - A former teacher in the Booneville School District has

filed a lawsuit in U.S. District Court, saying that the school

district violated her First Amendment right of free speech and also

violated federal and state public policy.

Kathy Lamb, represented by Tupelo attorneys Jim Waide, Shane

McLaughlin and McLaughlin, filed the complaint in October.

A summons issued to the school district on Nov. 19 requires an answer

to the complaint within 20 days. The case has been assigned to U.S.

District Judge Sharion Aycock and Magistrate Judge Jerry A. .

In the lawsuit, which presents one side of a legal case, Lamb says

her contract to teach special education students was not renewed

because of a stance she took against using corporal punishment on a

severely autistic child.

Lamb said she was instructed to administer the punishment, but

refused to do so based on scientific literature that says corporal

punishment aggravates an autistic child's problems.

However, the school's principal questioned Lamb about her stance and

then, Lamb said, insisted that corporal punishment was appropriate.

Lamb refused to administer the punishment, as stated in her

complaint, because federal and state laws that require an Individual

Education Plan be prepared for each special education student do not

include corporal punishment.

Though Lamb said administrators told her the reason her contract was

not renewed was due to funding cuts, she later learned that a " much

younger teacher " was hired in the position.

She is seeking a jury trial and asks for an award for damages for

mental anxiety and stress as well as lost income.

Contact Lena at or

lena.mitchell@....

Appeared originally in the Northeast Mississippi Daily Journal,

11/28/2008, section A , page 2

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