People for the American Way Foundation
1460 Broadway,
New York, NY 10036
Telephone 212.944.5820
Fax 212.768.3713
E-mail pfawny@pfaw.org
Web site http://www.pfaw.org

February 15, 2000

Thomas F. Egan, Chair
Board of Trustees
State University of New York
41 Biltmore Avenue
Rye, New York 10580

Re: Rochester Leadership Charter School Academy

Dear Mr. Egan:

Enclosed is a copy of a letter that we have sent to John Walker, the
organizer of the Rochester Leadership Charter School Academy, whose charter
application the SUNY Board of Trustees recently has approved. As detailed
therein, we are extremely concerned, based on reported public statements by
Professor Walker, that this school plans to teach creationism as science,
which would be unconstitutional. Efforts by concerned citizens to have the
school and its operator, the National Heritage Academies, disavow this plan
have not been successful.

We are writing to urge the Board of Trustees, as the school’s chartering
entity, to ensure that the school abides by the Constitution in all
respects. Among other things, this means that the school may not teach
creationism as science or as an alternative to evolution. See, e.g.,
Edwards v. Aguillard, 482 U.S. 578 (1987).

As you know, the New York Charter School Law requires the SUNY Board, as the
chartering entity, to "oversee" the Rochester Leadership Charter School
Academy, and authorizes it to "visit, examine into and inspect (the school),
including the records" of the school. N.Y. Education Law Section 2853 (2).
the Board’s oversight must be "sufficient to ensure that the charter school
is in compliance with all applicable laws, regulations and charter
provisions." Id.

We therefore request that the SUNY Board obtain from Professor Walker
written confirmation that the school will not teach creationism as science,
that it will not teach creationism in science classes, and that it will not,
in teaching science, teach creationism as any sort of alternative to
evolution or as any form of explanation for the origin and development of
life. In addition, once the school becomes operational, we urge the Board
periodically to examine its curricular materials and take any additional
steps the Board believes appropriate to ensure that this new public charter
school is operated in accordance with all applicable law, including the
United States Constitution.

Sincerely,

Barbara Handman
New York Director

cc: All Members, Board of Trustees, State University of New York
Professor John Walker
All Members, New York State Board of Regents