MEGAN DAUGHERTY AND DONALD SWEENY,
JEFFREY AND CATHY SEAVER,
individually and as next friends
of their minor children,
Plaintiffs,
V.
VANGUARD CHARTER SCHOOL ACADEMY,
GRAND VALLEY STATE UNIVERSITY, and
NATIONAL HERITAGE ACADEMIES, a
Michigan Corporation,
Defendants.
______________________________/
Case No.: 1:98 CV 897
HON. David W. McKeague
U.S. District Judge
FIRST SUPPLEMENTAL AFFIDAVIT OF MEGAN DAUGHERTY
MEGAN DAUGHERTY, pursuant to 28 USC § 1746, declare under penalty of perjury that the following is true and correct, excepting those matters stated to be on information or belief, and as to those matters I declare that same are true and correct to the best of my knowledge, information and belief:
1. I, Ms. Megan Daugherty, have read the Affidavit of Al Couch, Vanguard principal, in which he states he was “as surprised as anyone that [the minister] offered a reflective moment.” This is in response to my prior Affidavit in this case. I desire to add the following facts to give a more complete understanding of what transpired:
a. Prior to the meeting at which the Minister conducted the prayer, Mr. Couch told me that there would probably be a prayer at the event and that I might want to pull my daughter, Kristin Sweeny, out of school at that time. I expressed my concern to Mr. Couch that it appeared the presence of the Minister would indicate that Vanguard Administration sponsored prayer in the classroom. Mr. Couch responded that he wasn’t sure there would be prayer and
1
Daugherty v. vanguard et al.
Megan Daugherty
First supplemental Affidavit
that he would be speaking to the Minister beforehand.
b. Ms. Daugherty telephoned Jeffrey seaver, a plaintiff in this case that same day, and advised him of her conversation with Mr. Couch and that Mr. Couch had given Ms. Daugherty this information and option.
c. Ms. Daugherty attended and saw Mr. Couch speak to the Minister for several minutes before the service. The entire 5th Grade, including teachers, principal, students and parents were asked to bow their heads and pray to God who gave his only son Jesus. In the course of the Minister’s remarks, Jesus was mentioned several times. Although I do not know what Mr. Couch said to the Minister, it appeared to me that the Minister’s remarks were preconceived and were not spontaneous.
2. Al Couch’s Affidavit, item 14 states: “Neither vanguard nor its staff has ever distributed religious material.” Mr. Couch himself gave me two pamphlets, in the form of a Christmas Card and a Thanksgiving Card, that Mr. Couch had received from J.C. Huizenga, of National Heritage Academies, that describe what should be done to keep the real meaning of religious holidays such as Thanksgiving and Christmas in the public schools. These pamphlets, in my opinion, explain how to use Christmas and Thanksgiving as a means to introduce christian religion into a public school. One entry, from the Thanksgiving card, is as follows: “Did you know it is perfectly legal for public schools to teach that Thanksgiving Day is a time to thank God for his blessings?”
The Christmas Card states: “This eight page Christmas Card is a non-threatening, upbeat way to encourage your child’s teacher to teach about the birth of Jesus and allow the class to sing carols.”
Both cards contain “Lesson Plan Ideas.” Those in the
2
Daugherty v. vanguard et al.
Megan Daugherty
First supplemental Affidavit
Christmas Card seek to enable teachers to read the “christmas story” from the Bible in class. Neither card distinguishes what is appropriate for grade school children from what is appropriate for older, more sophisticated students.
The back page of these pamphlets encourages people to distribute them at their churches to be sent to public school teachers, stating: “Church staff: use this space to paste on instructions for where people can get the card....” (see Exhibit A) On information and belief, Mr. Couch received these documents from J.C. Huizenga, which is how I interpreted the handwritten note in the Christmas Card, on the last page which reads: “P.S. A Thanksgiving gift from J.C.--Al.” On information and belief Al refers to Al Couch and “J.C.” refers to J.C. Huizenga.
a. During the 1996-97 school year Ms. Daugherty learned that the Mom’s Prayer Group was sponsoring teacher luncheons on school grounds during school hours. When Ms. Daugherty protested to Mr. Couch that teachers were being involved as a captive audience in the Mom’s Prayer Group ‘s activities, Mr. Couch replied it was not a problem since it was voluntary for the teachers to be there although to his knowledge all teachers attended. To my knowledge, this was the only room available for teachers as a place to eat lunch at the time and was also used as the teacher’s lounge.
b. Ms. Daugherty has also seen a document in the Parent’s Room inviting teachers to join the Teacher’s Prayer Group.
3. My daughter, Kristin sweeny, has attended vanguard school for the last two school years, she is currently in the 6th grade. It came to my attention that Kristin was telling people at vanguard that she was Jewish. Although my family’s religious beliefs are private, I can state unequivocally that we are not,
3
Daugherty v. vanguard et al.
Megan Daugherty
First supplemental Affidavit
nor is Kristin, Jewish. When I asked Kristin why she was making these statements at school, she responded that she was tired about everyone at school badgering her about religion and to avoid the controversy it was easier to simply say that she was Jewish. As a mother who is very involved with her children, I am concerned about the adverse impact on Kristin’s emotional well being of what she perceives to be an almost continual barrage of christian religious matter in her school experience at vanguard. Kristin has actually cried in my presence on several occasions because of the controversy arising out of religious matters at Vanguard.
a. On December 14, 1998, a parent, Ms. Kosmak came into Teacher Jane Riley’s classroom and gave Ms. Riley a package stating: “This package is from the Mom’s Prayer Group. It needs to go home with David Carter.” This incident was related to Ms. Daugherty by Kristin Sweeny.
b. The combined 6th grade class watched a “Veggie Tales” cartoon on the “true meaning of christmas.” Teacher Jane Riley told Ms. Daugherty that “Veggie Tales” videos are appropriate for her to use in her world religion course. On information and belief, Veggie Tales are videotape cartoons produced to promote a christian based world view.
4. I have read the Affidavit of Cindy Rosema denying the contention regarding the contents of paragraph 9 of my original Affidavit that my son, Joey Sweeny, in her class in the second grade, participated in a student vote in her class on whether students were christians or believed in reincarnation. This year my son is in vanguard in Ms. Turcottes class. Attached as Exhibit B is a copy of a letter my son wrote as a class assignment about “heroes.” My son wrote to Nelson Mandela. Included in his letter is the following: “Remember what your (Mr. Mandela’s) father said stand up in what what you believe in. I do that almost everyday
4
Daugherty v. Vanguard et al
Megan Daugherty
First supplemental Affidavit
tons of people are making fun of me about my religion. I just say it’s my own business.”
5. I know both as a parent and a person who has been a substitute teacher at Vanguard that there is an “Accelerated reader program” in use at the school. students choose a subject at the library and students read a book, take a test on the reading and receive a prize for the competition. The student takes a test on the computer. I know that one of the questions used, for a book about Noah’s Ark, was “Who is Jesus Christ” and that the correct answer was “Jesus is the son of God. “
6. In approximately October of 1996, I became concerned enough about the injection of religion into Vanguard that I wrote a letter to Patrick Sandro, at Grand Valley State University (GVSU), requesting assistance from him as the representative of GVSU, the charter issuing entity that I understood had oversight responsibility for Vanguard with these issues. All I received from Mr. Sandro was a telephone call and some brochures about what religious activities were allowed in public schools.
7. During lunchtime, students at Vanguard remain in their classrooms. During the 1997-8 school year, parents read Bible stories to students in Ms. Cindy Rosema’s classroom. My son, Joseph Sweeny was in the class at that time. I discussed this with Ms. Rosema who told me that, “I [Ms. Rosema] can’t not have Bible stories read in a public school.” To my knowledge, the students must remain in the classroom during lunch, with the teacher present and in control of the students. To my knowledge, Vanguard, nor any teacher or staff member advised students or parents of the Bible stories and that students could be excused or otherwise protected from exposure to these Bible stories.
8. Ms. Cindy Rosema remarked in class when Joseph Sweeny and Ms. Daugherty were present, that B.C. “means before Christ,
5
Daugherty v. Vanguard et al.
Megan Daugherty
First supplemental Affidavit
before Jesus was born” and “A.D. means after Jesus died.” Ms. Daugherty discussed this with Ms. Rosema indicating that Ms. Daugherty believed that undue emphasis on this interpretation was being given in class. Ms. Rosema responded: “that’s the way the whole world revolves--around that calendar.”
9. I have read the materials submitted by the Defendants in this case. I know that Parents are significantly and substantially involved in the operations at Vanguard, including in the classroom during classhours as volunteer classroom aides, lunch supervisors, tutors, recess aids, office assistants and participants in many parent led committees. In practice this makes parent actions at school appear to be “official school practice.” In the 1997-8 school year my son, Charles Sweeny, was harassed by fellow student Brianna Bromley who brought religious tracts and materials to school on several occasions and gave them to Charles in class during instructional time, on occasion saying to Charles such things as without a belief in Jesus Charles would go to hell. Ms. Daugherty took this matter up with Brianna’s mother, Rane Bromley who was a member of the Mom’s Prayer Group, who responded “this was not harassment, we just want Charlie to know God” and that she had a right to do this. Ms. Daugherty also alerted Charles’s teacher, Kim Barnes of this activity.
10. During the 1997-8 school year, the Parents Room was decorated with Christmas lights and a nativity scene by Mom’s Prayer Group member Rane Bromley. When I objected to the nativity scene telling Ms. Bromley that there were Jewish students who passed through the Parent’s Room, Ms. Bromley responded that the nativity scene would only be up for a short while.
11. During the time Bill Kirkwood was principal, Head Teacher Marg Halka displayed a poster in the hallway that read, “We give thanks to... “ and “God” was listed in the most prominent
6
Daugherty v. Vanguard et al.
Megan Daugherty
First supplemental Affidavit
position. Mr. Kirkwood told Ms. Daugherty when this was discussed that he felt the poster was appropriate.
Further Affiant sayeth not.
VERIFICATION
I, the undersigned, pursuant to 28 USC § 1746, declare under penalty of perjury that the foregoing is true and correct, excepting those matters stated to be on information or belief, and as to those matters I declare that same are true and correct to the best of my knowledge, information and belief.
Date:
Megan Daugherty
7