----------------------------------------------------------------
At the 3/15/99 school board meeting for Vanguard Charter Academy (a National
Heritage school), Jeff Seaver asked the board "Will creationism be permitted to be
taught as science under this policy?", the policy being a "First Amendment
Policy" that was adopted earlier in the meeting. School attorney, Candace
Sorensen, replied that "more than one theory can be taught," that it is
"within the teacher's discretion" and that creationism "can be taught as
science."
----------------------------------------------------------------
Daugherty, et al v. Vanguard et al
Case No: 1:98 CV 897
HON. David W. McKeague
US District Judge
The following is an excerpt from "First Affidavit of Lanette Grate" who is
the parent of a student who was then in the 4th grade at Excel Charter
Academy, a National Heritage school.
"During science class, in about September 1998, in the context of teaching
about the origin of the earth, Ms. Gruennert [the 4th grade teacher] read to
the class from the Bible, the Book of Genesis. Ms. Gruennert had the
students write a paper for which the topic choices were one of the six days
of creation, the precambrian, paleozoic, cenozoic, or mesozoic eras and
dinosaurs. Posters labeled day 1-6, dinosaurs, paleozoic, cenozoic and
mesozoic eras were on display in the hallway outside the classroom. My
daughter elected to work on one of the six days of "the creation." My
daughter used the Bible to get her information for her poster. I saw these
posters at school and it is my opinion that this assignment reflected the
Biblical account of six days of creation. The students also had to write an
essay in conjunction with this exercise. She wrote on "The Origins of the
Earth" and used the biblical account from Genesis. My daughter wrote, "some
people believe in god and some don't Some people think he is human and some
a spirit." Ms. Gruennert wrote comments that said this portion of the essay
was "off topic." At the meeting with Ms. Gruennert and Dr. Knoester [the
principal] referred to above, I brought this essay with me and told them I
believed my daughter put this paragraph in because she was uncomfortable
writing this essay. I asked them about creationism being taught in science
class. I asked why we don't have science books and Dr. Knoester told me that
most elementary schools don't have science books."
Following is the complete text the student wrote for her report including
spelling mistakes:
"The Earth and all of it Changes
1. The Earth uses to be all black and there wasent any planets.
2. So God made plants and stars and the Moon and the Sun
3. He made fish live [and] People and animals.
4. on the 7th day he got to rest and watch over his creation.
5. Some people belive and god and some dont some people think hes a
human some a sprit [spirit].
The Earth use to be all black and there wasent any plants, people, fish,
water, and there wasent any trees.
So God made plants [planets] and starts [stars] and the moon and the sun he
called the plants [planets]. Mercury, Venus, Earth, Mars, Jupiter, Saturn,
Urunas, Neptune, pluto.
He also made fish and living people and animals as you no these creations
that God made took days it took from day one to day seven.
On the seventh day he got to rest and look over what he did in Seven days.
Some people dont belive in him some do and some people thinks his a human
some a sprit."
----------------------------------------------------------------
Lisa Rush, a parent and substitute teacher at Vanguard Charter Academy, told
parents Jeff Seaver and Megan Daugherty that on one occasion when Ms. Rush
was a substitute teacher at Vanguard Charter Academy, she was to play a
video to the class that dealt with evolution. Ms. Rush said that she paused
the presentation part way through to tell the class that some people believe
that God created the world.
----------------------------------------------------------------
Daugherty, et al v. Vanguard et al
Case No: 1:98 CV 897
HON. David W. McKeague
US District Judge
The following excerpt is from "Affidavit of Michelle Nelson".
"1. My husband, Mark Nelson, and I have a daughter, Chyenne Nelson who
attends the second grade class at Vanguard Charter School Academy, Defendant
in the above-referenced case. The second grade teacher, Ms. Cindy Rosema,
did not assign certain stories in the reading curriculum concerning
dinosaurs.
2. At the fall 1998 parent/teacher conference, I questioned Ms. Rosema as
to why the stories about dinosaurs were not assigned from the reading
curriculum. Ms. Rosema stated that she did not like the stories and some
other parents did not like the subject of dinosaurs being taught because it
was against their religious belief.
3. In January 1999, My husband and I attended a conference with
Vanguard's principal Al Couch and Ms. Rosema. We brought up the fact that
the subject of dinosaurs was not being taught in my daughter's second grade
class. Ms. Rosema again repeated that the dinosaurs were not being taught
because some parents object to the subject of dinosaurs being taught because
it was against their religious beliefs. The principal, Mr. Couch, confirmed
that some parents have objected to the teaching of dinosaurs on the basis of
their religious beliefs. He stated that the teaching on the subject of
dinosaurs varies from class to class and from year to year."
Please note that Cindy Rosema disputes these claims.
----------------------------------------------------------------
Excerpt from "The Wall Street Journal", Sept. 15, 1999
Article: "Old Time Religion Gets a Boost at a Chain Of Charter Schools" by
Daniel Golden
"National Heritage policy is to treat both evolution and the Biblical
creation story as theories. Carolyn Thompson, a fifth-grade science teacher
at Knapp Charter Academy [a National Heritage school] and an evangelical
Christian, says she believes in "creationism and then evolution from that
point on"--and teaches it that way in class.
"Becky Bullen, a fourth-grade teacher at Knapp, told her students about
dinosaurs last year--and learned a lesson herself. Some parents protested
that fossil evidence of dinosaurs, which became extinct 65 million years
ago, contradicted their Biblical belief that God created the world 6,000
years ago. Since then, Ms. Bullen has dropped the dinosaurs and says, "I
basically try to steer clear of any hot issues."
----------------------------------------------------------------
Daugherty, et al v. Vanguard et al
Case No: 1:98 CV 897
HON. David W. McKeague
US District Judge
The following is an excerpt from "Affidavit of Megan Daugherty in Support of
Injunctive Relief".
"7. In October of 1998, my fifth grade son informed me that his science
teacher, Mr. Douglas Dewey, stated that humans are not mammals. I
subsequently spoke to Mr. Dewey the next day and questioned him about this
statement. He told me, "That most science teachers would not agree with him
however it is personal belief that humans are not mammal and are not part of
the animal species and he told his students that. He also stated he told his
students, humans are too special to group with animals. He also said words
to the effect that he was sure to include the opposing viewpoint when
presenting this to his class."
Please note that Mr. Dewey disagrees with Ms. Daugherty's version of events.
----------------------------------------------------------------
Daugherty, et al v. Vanguard et al
Case No: 1:98 CV 897
HON. David W. McKeague
US District Judge
The following is an excerpt from "Affidavit of Douglas Dewey". Mr. Dewey is
a science teacher at Vanguard Charter Academy.
"3. I disagree with Megan Daugherty's statement. I believe humans are
mammals, and I have never told a student or parent at Vanguard otherwise.
4. Although it is a very small part of the curriculum, we have discussed
in class the theory of evolution and the theory of creationism. This is
actually not a part of the fifth grade curriculum. The brief comments were
the result a digression of a class discussion. I have told my students that
some scientists believe that humans are above animals, and other scientists
believe that humans are a type of animal.
5. I have never taught, advocated, or attempted to persuade any student
concerning any particular scientific theory.
6. When a student asked me what my scientific opinion was, I told him
that I agree with the scientists who believe that humans are above animals.
I did not, however, attribute my scientific theory to any religious
convictions."
------------------------------------------------
Ms. Daugherty [a parent and plaintiff] confirmed in her deposition testimony that she had a conversation with Mr. Dewey [a teacher at Vanguard Charter Academy run by National Heritage] about the allegation her son Charlie had made that Mr. Dewey was teaching creationism. During the conversation, according to Ms. Daugherty, Mr. Dewey indicated that in his belief humans were not mammals and that was what he said in class. (Dep.Tr. M. Daugherty p 119121.) Ms. Daugherty had given up on complaining about these types of episodes due to lack of response by Mr. Couch or other administrators. (DepTr. N. Daugherty p 121-2 and 133.)
NHA policy is to treat both evolution and the biblical creation story as theories. (Dep. Tr. J.C. Huizenga 11-2-99; p. 92) [J.C. Huizenga is founder and chairman of NHA.] There is evidence that Carolyn Thompson a 5th grade science teacher employed by NHA at Knapp Academy, who describes herself as an “evangelical Christian” said she believes in “creationism and evolution from that point on” and teaches it that way in class. (Dep. Tr. J.C. Huizenga 11-2-99; p. 92) This information was contained in a published story in the Wall Street Journal on September 15. 1999. Mr. Huizenga testified NHA voluntarily participated in the interviews referred to in the story. (Dep. Tr. J.C. Huizenga 11-2-99; p. 93)
It is difficult to determine exactly what the content of classes are at Vanguard because as Todd Avis, curriculum director for NHA, testified that NHA’s “history and science curricula do not use textbooks.” (Dep.Tr. T. Avis p. 48.) NHA policy is to create an outline of what needs to be presented and then Teachers are given free rein in the classrooms. (Dep.Tr. T. Avis p. 49-50.)
------------------------------------------------
Charlie Sweeney, who attended Vanguard as a third, fourth and fifth grade student, testified in response to a question by Mr. Brooks, counsel for the Defense, asking if anyone told him there was religion at Vanguard: “Well, like no one really told me, cause, like I found out, like cause of the teachers.” (Dep. tr. Charlie Sweeney p. 5) Charlie recollected the “science guy” teaching in Mrs. Barnes’ science class and that “people would ask how, like these things got here and he kept answering the questions by God.’” (Dep. Tr. Charlie Sweeney p. 16-7) He testified about an occurrence in third grade when “I had something wrong with my kidney” and his teacher, Ms. Halka “sent home a book for me to study, and it was a Christian book that she had picked up from her last school because she was a teacher for a Christian school.” (Dep. Tr. Charlie Sweeney p. 20) Charlie recollected Ms. Green [a parent of Vangaurd students, substitute teacher, parent volunteer and leader of the Mom's Prayer Group which meets in the school building during school hours] reading the class a Bible story about David and Goliath during lunch. (Dep. Tr. Charlie Sweeney p. 21) Charlie also testified about the Bible, and “quite frequently” bible stories that was present during band practice in what is now called the parents room. (Dep. Tr. Charlie Sweeney p. 26-7) He recollected Mr. Dewey telling the whole class “that evolution isn’t true or something.” (Dep. Tr. Charlie Sweeney p. 28-9)
------------------------------------------------
Kristen Sweeney [a student and minor plaintiff] confirmed the use of Veggie Tales in her “fifth or sixth” grade class teaching about the birth of Jesus. (Dep. Tr. Kristen Sweeney pp. 30-1) Jordan Seaver, age seven and one-half, testified about some episodes of being read Christian stories by Ms. Meekhoff, a substitute teacher, and being teased by other students about religion. (Dep. Tr. Jordan Seaver p 26-30) After Ms. Meekhoff read him the Christian story, she told him “God looks over you and God is with you.” (Dep. Tr. Jordan Seaver p.
38)
------------------------------------------------
Ms. Green testified to how parental “empowerment” works at Vanguard. She indicated that she spoke with a 4th grade teacher Ms. Barnes about disagreement over teaching evolution and asked her, “Are you aware that there are some people who will rebel against this?” She testified Ms. Barnes, “said yes, because she was aware that there were some parents who were strongly against evolution.” (Dep. Tr. JoAnne Green pp. 73-4) It was Ms.. Green’s understanding that creationism “is always presented alongside the idea that evolution is believed by some’ creationism is believed by others and that these are possibilities.’?’ (Dep. Tr. JoAnne Green p. 73) Mr. Dewey a Vanguard science teacher told Ms. Green that he believes in the “creation theory,” meaning that “God created the earth and the heavens.” Marge Halka according to Ms. Green has similar views to those of Mr. Dewey, and that Ms. Halka indicated creation theory “would be presented, again, you know as an option that there are some families that believe differently from the evolution theory and that she would encourage the children to stick to the teachings of their parents.” (Dep. Tr. JoAnne Green pp. 78-9)