http://www.freep.com/news/education/chart21_20000321.htm

Charter school is sued over religion

Parents say material unfit for science class

March 21, 2000
BY AMY FRANKLIN
ASSOCIATED PRESS

LANSING -- Comparing the theory of creationism to evolution in a charter school science class violates the separation of church and state, an attorney told a federal judge Monday.

Teaching the theory in a science classroom that God created the world indicates that creationism was being taught as a scientific principle at Vanguard Charter Academy, said Kary Love, an attorney for five parents who sued the Wyoming school.

"The theories should be compared in a history class," she said.

U.S. District Judge David McKeague heard arguments. A hearing for the summary judgment has not been scheduled.

The parents also sued National Heritage Academies, which manages Vanguard, in December 1998 for allegedly illegally exposing their children to religion at school.

Charter schools receive public dollars but operate outside the public school system and do not have elected school boards.

Because 90 percent of Vanguard's funding is public, the parents contend the school's actions violate the constitutional prohibition against promoting religion in public institutions.

Attorneys for National Heritage and Vanguard argued that the claims should be dropped because the parents never observed the alleged incidents.

Bill Mills, an attorney for Vanguard, said there is no evidence that the alleged incidents hurt the children. There is also no proof that religious remarks were made by Vanguard employees, he said.

"I believe in my whole heart that this is not a case that belongs in court," Mills said.

The parents' lawsuit contends Vanguard violated the constitutional separation of church and state by allowing the use of school facilities for school prayer during and after school hours; allowing and endorsing the distribution of religious brochures, pamphlets and other information, and holding an in-service for teachers with a religious focus.
"They were brochures about what can and can't be taught in public schools about Christmas, Thanksgiving and Easter," said Terry Mroz, an attorney for National Heritage.

The parents have requested that teachers' in-service be prohibited from including any religious references.