UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN

Case No.: 1:98 CV 897
HON. David W. McKeague
U.S. District Judge


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.
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AFFIDAVIT OF JEFFREY SEAVER IN OPPOSITION TO SUMMARY JUDGMENT

Jeffrey Seaver, 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. On or about March 2, 2000, I was provided with a copy of the “Science Curriculum” (See: Exhibit A 1-2) portion of the charter school application that was submitted by NHA/Vanguard to Grand Valley State University sometime before the school opened in the fall of 1996. The document entitled “Science, Goals, Objectives, Scope and Sequence, Assessment, was provided by Pat Sandro, head of charter school oversight for Grand Valley State University. This document shows that NHA planned to teach creationism as part of the Science Curriculum as it provides in pertinent part: “Scope and Sequence Third Grade: October Evolution and creation.”

2. Included in the NHA/Vanguard “Science Curriculum” portion of the charter school application was a page entitled “Assessment and Evaluation” stating: “At Excel Academy, the teachers may decide whether to assess students individually or collaboratively.” (See Exhibit A-3). This supports Plaintiffs’ contention that the Vanguard curriculum was derived from, or the same as, the Excel Curriculum.

3. I have received a copy of the Excel Moral Focus Curriculum from Lanette Grate which she received from Mrs. Grunnert, an Excel Teacher. Included in this was a document entitled: “Science Curriculum Criteria Fourth Grade 1997,” an outline, which provides in pertinent part: “V. Science ... K. Fossils ... 2. Can tell the theory of evolution and the story of creation.” (See Exhibit B)

4. I received copies of a portion of the Excel MFC (Exhibit C) entitled “Encouragement.” The bottom entry is “Friendship” which makes express reference, in discussing a three strand cord, to Ecclesiastes: “(variation -- braid 3 strands together -- use Ecclesiastes...’A cord of three strands...’)” I believe this is a reference to Ecclesiastes 4:12: “And if one prevail against him, two shall withstand him; and a threefold cord is not quickly broken.”

5. I was present when Ken Tahfs, currently principal at Vanguard, stated that he had purchased a Moral Focus Curriculum from Excel for use at Vanguard. It is my understanding that the Moral Focus Curriculum Mr. Tahfs purchased contains provisions similar to those Moral Focus Curriculum provisions discussed above.

6. At my deposition on September 1, 1999 I advised Mr. Mills, counsel for Vanguard and Mr. Mroz, counsel for NHA, that my concern in this case was both as a taxpayer, acting out of concern for myself and other taxpayers, and as a parent whose child had suffered direct injury. As I testified: “It’s my position that my children and taxpayers in general-(interruption by Mr. Mroz omitted)-they have had their civil rights violated.” Portions of my deposition testimony confirming this are attached as Exhibit D. (Dep. Seaver: p. 74, ll. 11-19; p. 85, l. 17 to p. 86, l. 11; p. 239, l. 20 to p. 240, l. 1).

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: March 14, 2000
____________________________
Jeffrey Seaver