Judge hears complaints against charter
(Associated Press)

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

Teaching the theory that God created the world and life out of nothing in a science classroom indicates that creationism was being taught as a scientific principle at Vanguard Charter Academy, said Kary Love, attorney for five parents who sued the Wyoming school.

"The theories should be compared in a history class. I don't think that's a problem," Love said.

U.S. District Judge David W. McKeague was expected to make a summary judgment in the case Monday, but instead heard arguments and questioned attorneys. A hearing for the summary judgment has not been scheduled.

"These are very isolated, stray remarks compared to the whole curriculum," McKeague said regarding the comparison of theories in class.

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 usual public school system and do not have publicly elected school boards.

Because 90% 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 the claims against them should be dropped because the parents never observed any of the alleged incidents.

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