Home » News » ACLU Supports Student Challenge to Preaching Teacher

ACLU Supports Student Challenge to Preaching Teacher

For Immediate Release
February 19, 2007

022007lgkearny:
 Matthew LaClair

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

The teacher, David Paszkiewicz, made statements in his 11th grade class that included telling students that those who did not believe that Jesus died for their sins belonged in hell, that evolution was less fact-based than the Bible, that there were dinosaurs on Noah's Ark, that the Big Bang is unscientific, and that the Bible has been proven to be literally true by the fulfillment of Biblical prophecies.

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

"I believe it is important to stand up for our constitutional rights and to make sure that these violations of the First Amendment, which apparently 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 also believe that students should be made aware of their rights and know that they can do something to see they are respected."

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

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

The ACLU-NJ and the People for the American Way Foundation have steadfastly supported Matthew since the incident came to light and have expressed their astonishment and disappointment about the way the school district has chosen to handle the matter.

"This incident created a true teaching moment, but the school decided to teach the wrong lesson," said ACLU-NJ Executive Director Deborah Jacobs. "Instead of recognizing and reinforcing the student for his courage and understanding that it is not the job of school officials to usurp parents' role in teaching religious belief, at every turn, the school has taken action to protect itself and the teacher who violated one of our 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 to resolve the matter amicably. The LaClair family and their attorneys, for example, have proposed to the Kearny High School administration and school board that the school conduct an assembly or panel presentation to specifically discuss and explain to students the role of religion in public schools and to correct the erroneous scientific statements espoused by the history teacher.

School officials rejected this proposal and instead chose to adopt policies and engage in practices that subjected Matthew to further hostility and harassment in school. Most notably, the school prohibited the 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-year change in history teachers.

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

The attorneys, therefore, determined it was necessary for the LaClairs to file a tort claims notice, which was filed on February 13, 2007. The filing protects the LaClairs' right to institute certain types of lawsuits 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."