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For Immediate Release
February 19, 2007
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Matthew LaClair
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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."
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