Case No.: 1:98 CV897
HON. David W . McKeaque
U. S. District Judge


MEGAN DAUGHERTY AND DONALD SWEENY,
JEFFERY 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.

_____________________________________



Kary Love (P42623)
Attorneys for Plaintiffs
Suite 2
348 Waverly Road
Holland, MI 49423
Phone: (616) 396-6100
_____________________________________/

Megan Daugherty, being first duly sworn under oath, deposes and states as follows:

1. I am a resident of Kent County, State of Michigan and my minor children attend Vanguard Charter School Academy, grades 2nd, 3rd, 5th, and 6th. In the capacity of their parent, I have personal knowledge of the facts asserted herein.

2. As their parent, it is my belief that my minor children are very impressionable, consider their teachers and school administrators as role models.

3. There is an organized group called “The Mom’s Prayer Group” which, based on my understanding and belief, has in the past conducted prayer service on Thursday morning of each week during school hours on school premises throughout and the past school years, and at least once a month, including the month of November, 1998, the group sponsors a luncheon for teachers which takes place at the school facility. This group solicits prayer requests from school faculty and administrators.

4. It is my belief that teachers and school administrators have actively participated with the Mom’s Prayer Group by submitting prayer requests which are then acted upon in the Mom’s Prayer Group prayer services.

5. That as recently as October and early November of 1998, outside groups were allowed to distribute and disseminate materials of a religious nature, including materials such as “focus ante family” by placing these materials on the shelves and tables in the room on the school premises designated as the “parents room".

6. That attached hereto is a document issued by Vanguard Charter School Academy entitled “Establishing School Standards” which I obtained on November 20, 1998. Page 18 to this document refers to changes made for the current school year, and page 18 makes reference under the parent/community section to Lighthouse Church, which is a Baptist church that uses the school facilities on Wednesday evening and Sunday. . To my knowledge Vanguard has never declared itself to be a public forum or even a limited public forum.

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. lie told me, ” That most science teachers would not agree with him however it is personal belief that humans are riot 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.

8. In the spring of 1997, vanguard sponsored a memorial service/dedication ceremony in honor of a student who had died the previous fall. The principal advised me that there would probably be prayer at this ceremony and that I may want to remove my fifth grade child. Present at the ceremony were the principal, the fifth grade teachers, all the fifth grade students, and a minister who led the students in prayer to the “Lord Jesus Christ.”

9. Last school year when my child was in the second grade, his school teacher, Ms. Cindy Rosema, took a vote in the class to establish whether the students were Christians or believed in reincarnation. My son was the only one to raise his hand as a non-Christian, and he was very embarrassed.

Further affiant sayeth not.

Dated: December 15, 1998
Megan Daugherty

On this 15th day of Dec. ,1998

Michelle A. Visser
Notary Public, Ottawa County
My Commission Expires Oct. 8, 2002