February 18, 2007

Matthew LaClair

The American Civil Liberties Union of New Jersey and People For theAmerican Way Foundation stood in support of attorneys with Willkie Farr& Gallagher of New York and Riker, Danzig, Scherer, Hyland & Perretti ofMorristown, N.J., at a news conference today as they announced thefiling of legal papers on behalf of the parents of a Kearny public highschool student whose history teacher preached his religious beliefs inclass.

The teacher, David Paszkiewicz, made statements in his 11th grade classthat included telling students that those who did not believe that Jesusdied for their sins belonged in hell, that evolution was less fact-basedthan the Bible, that there were dinosaurs on Noah's Ark, that the BigBang is unscientific, and that the Bible has been proven to be literallytrue by the fulfillment of Biblical prophecies.

Rather than constructively addressing the teacher's violation of law andduty, the school found ways to penalize the student for exposing theteacher's inappropriate conduct and took actions that encouragedharassment of the student by his peers.

"I believe it is important to stand up for our constitutional rights andto make sure that these violations of the First Amendment, whichapparently have been going on for years, are stopped once and for all,"said 16-year-old Kearny High School student Matthew LaClair, a junior,who objected to his history teacher's proselytizing in class. "I alsobelieve that students should be made aware of their rights and know thatthey can do something to see they are respected."

Starting in September 2006, Matthew raised objections with the school'sadministration regarding his history teacher's repeated proselytizing inclass. He observed that his teacher not only presented his own personalreligious views and beliefs, but also denigrated differing viewpoints.The teacher went as far as to imply to Matthew personally and in openclass that Matthew and his parents were not sincere in their religiousbeliefs.

During a meeting with Matthew, the school principal and the departmenthead, the teacher denied making many of these statements or suggestedthat in his view they were part of a legitimate in-class discussion.However, knowing he might not be believed, Matthew had recorded theteacher's statements during class and provided those recordings to theprincipal. After that, school officials ended the meeting and declinedto further discuss with Matthew or his parents what actions would betaken to correct the problem. After numerous attempts to speak with theschool were rebuffed, and as Matthew was being subjected to harassmentby other students which the school failed to curb, his family soughtlegal help.

The ACLU-NJ and the People for the American Way Foundation havesteadfastly supported Matthew since the incident came to light and haveexpressed their astonishment and disappointment about the way the schooldistrict has chosen to handle the matter.

"This incident created a true teaching moment, but the school decided toteach the wrong lesson," said ACLU-NJ Executive Director Deborah Jacobs."Instead of recognizing and reinforcing the student for his courage andunderstanding that it is not the job of school officials to usurpparents' role in teaching religious belief, at every turn, the schoolhas taken action to protect itself and the teacher who violated one ofour most fundamental American principles, freedom of religion."

Attorneys from Willkie Farr & Gallagher and Riker, Danzig, Scherer,Hyland & Perretti, who are representing the LaClair family, sought toresolve the matter amicably. The LaClair family and their attorneys, forexample, have proposed to the Kearny High School administration andschool board that the school conduct an assembly or panel presentationto specifically discuss and explain to students the role of religion inpublic schools and to correct the erroneous scientific statementsespoused by the history teacher.

School officials rejected this proposal and instead chose to adoptpolicies and engage in practices that subjected Matthew to furtherhostility and harassment in school. Most notably, the school prohibitedthe recording of classes without obtaining permission from teachers and notifying students, ensuring that if the teacher or another teacher engaged in a serious constitutional violation in the future, it would not be easily proven by students. The school also switched all the students in the two level-one 11th grade history classes mid-year, provoking hostility toward Matthew for having prompted this mid-yearchange in history teachers.

"Because the school has failed to stand up for Matthew and support hisstance against the imposition of a particular religious viewpoint in theclassroom, he has endured taunts and profanity by other students, aswell as threats to his physical safety that required intervention by thepolice," said Richard Mancino, partner with Willkie Farr & Gallagher.Worse yet, Mancino added, is the school's failure to protect Matthewfrom continued harassment and retaliation by students and employees atKearny High School.

The attorneys, therefore, determined it was necessary for the LaClairsto file a tort claims notice, which was filed on February 13, 2007. Thefiling protects the LaClairs' right to institute certain types oflawsuits against the Kearny school district under New Jersey law.

"This episode was a test for Kearny school officials, one which they did not pass," said Andrew Stengel, Director of the Northeast Regional Office of People For the American Way Foundation. "For failing to uphold religious freedom and tolerance, and for failing to support a student who took a principled stand, we give the school board an F."

All who support Matthew note that the teacher, who is also a Baptist minister, is entitled to his personal religious views and opinions, but that his advocacy of a particular religious faith as a school official in a public school classroom is improper and unlawful.

"In public schools, it is essential to religious liberty that all religious viewpoints are given the absolute protection the Constitution guarantees," said the Reverend Bruce Davidson, Director of the Lutheran Office of Governmental Ministry in New Jersey. "As a person of faith, I share with the LaClair family the view that everyone's liberty is best protected when government stays neutral in religious matters."

"As a parent, I am disturbed that Kearny High School fails to protect my son from harassment and harm," said Paul LaClair, Matthew's father. "I am equally concerned as someone who values my son's education that the school lost an opportunity to offer meaningful instruction about the civic values that make our country great."