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news:1182074769.3102668648.1004835085@servebbs.org...
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> Religious Intrusion into Schools: Matthew LaClair vs Kearny
>
> Via NY Transfer News Collective All the News that Doesn't Fit
>
> The New York Times - May 20, 2007
> http://select.nytimes.com/search/restricted/article?res=F40E1EF63B550C738EDDAC0894DF404482
>
> Editorial
>
> Matthew's Vindication
>
> Some stories have good endings. Take, for example, the case of Matthew
> LaClair, the Kearny student who last year had the courage to speak up
> when his 11th-grade history teacher told students that the theory of
> evolution was scientifically unsound and that only Christians had a
> place in heaven.
>
> Instead of disciplining the teacher for crossing the boundary between
> church and state, school officials treated Matthew as the problem, and
> many students followed suit by ostracizing him. To his credit, Matthew,
> who had taped the teachers' proselytizing remarks, stood his ground;
> his family later took legal action against the school district for
> violating his constitutional rights.
>
> This month, Matthew, now 17, was vindicated as the board of education,
> on a vote of 6 to 1, finally came to its senses. As part of a legal
> settlement with the family, the board agreed to train teachers and
> students about the separation of church and state in the public schools
> and the distinction between the scientific theory of evolution and the
> religious doctrine of creationism. The board also agreed to commend
> Matthew for his ''courage and integrity.''
>
> Matthew said the experience had taught him how hard it is to go against
> the crowd, but that sometimes it is important to do so. Our hope, too,
> is that school officials will henceforth pay attention when students
> stand up for what they believe.
>
>
>
> KearnyOnTheWeb - May 10, 2007
> http://www.kearnyontheweb.com/
>
> Kearny Board of Education Resolves
> David Paszkiewicz/Matthew LaClair Dispute
>
> May 10, 2007. The Kearny Board of Education has settled their dispute
> with Matthew LaClair. The terms of the settlement include training for
> teachers and students on the separation of church and state and a
> statement commending Matthew LaClair for his "courage and integrity".
>
> Additional details are available from the New York Times.
>
> [All Kearny On the Web posts from Jan 18 on follow, along with all Times
> stories from Feb 1 on (see previous posts for initial NY Times news
> story and Editorial, as well as the Village Voice and earlier
> posts on the Kearny website Kearny on the Web (KOTW.-NY Transfer]
>
>
>
> The New York Times - May 10, 2007
> http://select.nytimes.com/search/restricted/article?res=FA061FF73C550C738DDDAC0894DF404482
>
> Parents and District Settle Dispute on Teacher's Religious Remarks
>
> By TINA KELLEY
>
> The Kearny Board of Education in New Jersey and the parents of Matthew
> LaClair, a 17-year-old junior at Kearny High School, settled their
> dispute on Tuesday night about a teacher who proselytized in class.
>
> The settlement will include training for teachers and students about
> the separation of church and state and a public statement by the board
> praising Matthew for bringing the matter to its attention.
>
> Matthew recorded his history teacher, David Paszkiewicz, making
> comments in class in September, including remarks that only Christians
> had a place in heaven, that the Big Bang and evolution theories were
> not scientific and that dinosaurs were on Noah's Ark. After the tapes
> became public, Matthew received a death threat and was shunned and
> bullied by some of his classmates, he has said.
>
> In the fall, the board reprimanded the teacher and later adopted a
> policy barring students from taping in class without a teacher's
> permission.
>
> In February, Matthew's parents, Paul and Debra LaClair, filed court
> papers on their son's behalf saying that they intended to sue the
> district for violating his First Amendment and civil rights. They
> faulted the district for not protecting Matthew from harassment by
> other students and sought public corrections to some of the statements
> the teacher made in class.
>
> As part of the settlement, in which neither side admits wrongdoing, the
> New Jersey regional office of the Anti-Defamation League will start
> training teachers and students in September about keeping church and
> state separate in public schools, and about ''the distinction between
> the scientific theory of evolution and the religious doctrine of
> creationism.''
>
> Another part of the deal says the board will make a public statement
> commending Matthew for his ''courage and integrity,'' and the LaClairs
> will issue a statement commending the board.
>
> The settlement does not address the status of Mr. Paszkiewicz, 39, who
> has remained a history teacher at the high school. Mr. Paszkiewicz, who
> is also a Baptist youth pastor, had his classes switched in the middle
> of the school year so as not to have Matthew as a student.
>
> Demetrios K. Stratis, the lawyer for Mr. Paszkiewicz, said that his
> client was not involved in the settlement and knew nothing about it.
> ''There are people who think my client is the victim,'' Mr. Stratis
> said yesterday.
>
> Kenneth J. Lindenfelser, the lawyer for the Kearny school board, said
> the settlement created remedies that go further than any court has gone.
>
> ''This may set the framework for how districts deal with these kinds of
> situations in the future,'' he said.
>
> After the settlement passed on Tuesday night -- by a vote of 6-1, with
> two board members absent -- Matthew said in a phone interview, ''I
> sincerely hope the board and everybody involved possibly learned
> something from this whole thing.''
>
> He said that he had learned plenty, ''like how hard it can be sometimes
> to go against the grain, and that a lot of times, even though things
> may be tough, you still have to go through with it and finish it.''
>
>
>
> The New York Times - Feb 21, 2007
> http://select.nytimes.com/search/restricted/article?res=FA0914F6395A0C728EDDAB0894DF404482
>
> Teacher Defends Religious Comments in Class
>
> By TINA KELLEY
>
> The teacher who is the subject of a potential lawsuit regarding
> proselytizing in a public high school history class denied on Tuesday
> night that he had preached in class and said that the student who taped
> him had never expressed discomfort to him about his comments.
>
> The teacher, David Paszkiewicz, 38, spoke for the first time with
> reporters about the controversy outside a school board meeting here
> during which the board took the first step toward approving a policy
> that specifically requires teachers to ''refrain from advocating one
> religion.''
>
> The student, Matthew LaClair, 16, recorded the teacher's history
> classes in September after, he said, he became uncomfortable with the
> religious nature of the discussions in class. He has said that he felt
> his criticisms of the popular teacher would not be believed otherwise.
>
> Matthew brought his concerns to school officials, and they took
> corrective action against the teacher, which Mr. Paszkiewicz called ''a
> reprimand.''
>
> After the tapes became public, Matthew said, he has had little support
> from other students. He received a death threat and has been bullied,
> he said.
>
> Demetrios K. Stratis, Mr. Paszkiewicz's lawyer, told reporters on
> Tuesday night that Matthew's questions in class led the teacher down a
> path. ''It doesn't defy common sense to say he was set up,'' Mr.
> Stratis said before the board meeting, which was attended by about 150
> people.
>
> Matthew has said that he did not initiate any of the classroom
> conversations about religion.
>
> In the recordings, Mr. Paszkiewicz said of Jesus, ''If you reject his
> gift of salvation, then you know where you belong.'' He also said: ''He
> did everything in his power to make sure that you could go to heaven,
> so much so that he took your sins on his own body, suffered your pains
> for you, and he's saying, 'Please, accept me, believe.' If you reject
> that, you belong in hell.''
>
> In other comments, he is recorded saying that dinosaurs were on Noah's
> ark, and that the Big Bang and evolution were not based on science.
>
> But on Tuesday night, Mr. Paszkiewicz insisted, ''I'm very careful to
> follow the guidelines and stick with the curriculum.''
>
> As for the recordings, he said, ''I really wish the entire world would
> listen to them.''
>
> Some of the teacher's supporters last night carried signs that said,
> ''Jesus Saves.'' One man carried a sign that equated the American Civil
> Liberties Union with the Anti Christian Liberties Union.
>
> On Monday, the LaClair family, the American Civil Liberties Union, and
> the People for the American Way Foundation announced the family's
> intent to sue the school district if their complaints are not resolved.
>
> Matthew and his parents, Paul and Debra LaClair, are asking for an
> apology to Matthew and for public corrections to some of the statements
> Mr. Paszkiewicz made in class.
>
> Matthew told the board last night, ''During the whole time, I've been
> harassed and bullied, and you've done nothing to defend me; you make it
> look like I've done something wrong.''
>
>
>
> The New York Times - Feb 20, 2007
> http://select.nytimes.com/search/restricted/article?res=F10D12FC395A0C738EDDAB0894DF404482
>
> Student, 16, Finds Allies In His Fight Over Religion
>
> By PATRICK MCGEEHAN
>
> A Kearny High School junior on Monday drew some legal heavyweights into
> his battle with school officials over a teacher's proselytizing in
> class.
>
> The American Civil Liberties Union, the People for the American Way
> Foundation and a partner from a large Manhattan law firm stood beside
> the student, Matthew LaClair, as he and his family threatened to sue
> the Kearny Board of Education if their complaints are not resolved.
> Last fall, Matthew, 16, taped the teacher, David Paszkiewicz, telling
> students in a history class that if they do not believe that Jesus died
> for their sins, they ''belong in hell.''
>
> On the recordings, which Matthew made surreptitiously starting in
> September, Mr. Paszkiewicz is heard telling the class that there were
> dinosaurs aboard Noah's ark and that there is no scientific basis for
> evolution or the Big Bang theory of the origin of the universe.
>
> Since Matthew turned over the tapes to school officials, his family and
> supporters said, he has been the target of harassment and a death
> threat from fellow students and ''retaliation'' by school officials who
> have treated him, not the teacher, as the problem. The retaliation,
> they say, includes the district's policy banning students from
> recording what is said in class without a teacher's permission and
> officials' refusal to punish students who have harassed Matthew.
>
> Matthew and his parents, Paul and Debra LaClair, are demanding an
> apology to Matthew and public correction of some of Mr. Paszkiewicz's
> statements in class.
>
> The LaClairs filed a torts claim notice on Feb. 13 against the school
> board, Mr. Paszkiewicz and other school officials. Such a claim is
> required before a lawsuit can be filed in New Jersey. ''The school
> created a climate in which the students in the school community held
> resentment for Matthew,'' said Deborah Jacobs, executive director of
> the A.C.L.U. in New Jersey. She said Kearny High School had ''violated
> the spirit and the letter of freedom of religion and the First
> Amendment.''
>
> Ms. Jacobs added that the A.C.L.U. would support the LaClairs if they
> sue the school board and might join the action.
>
> Richard Mancino, a partner with Willkie Farr & Gallagher, which is
> representing the family, said he did not understand why school
> officials would not ''stand up for this student, who had the guts to
> raise this constitutional issue.'' Instead, Mr. Mancino said, they
> appear ''to have adopted a shoot-the-messenger policy.''
>
> Angelo J. Genova, a lawyer in Livingston, N.J., who is representing the
> school board, said Kearny school officials had addressed Matthew's
> complaints and had reaffirmed their commitment to the separation of
> church and state in the classroom.
>
> Bernadette McDonald, president of the school board, said in a
> statement: ''We took his concerns very seriously. The result was that
> we have received no further complaints about such religious
> proselytization in our schools.''
>
> Mr. Genova said the school board had hired Edwin H. Stier, who was
> director of the New Jersey Division of Criminal Justice from 1977 to
> 1982, to independently investigate Matthew's harassment allegations.
>
> For his part, Matthew said he recognized that ''there are going to be a
> lot of consequences'' at school from the Monday news conference. He
> said he had already felt hostility from students after the school
> switched his history class from Mr. Paszkiewicz to another teacher.
>
> The district would not disclose what action it had taken against Mr.
> Paszkiewicz, who is teaching the same course to a different group of
> students. He has taught in the district for 14 years.
>
>
>
> KOTW - Feb 19, 2007
>
> Kearny Board of Education Members
>
> At A Crossroad
>
> February 19, 2007. The Kearny Board of Education will meet tomorrow in
> its regular monthly meeting. A press conference was held to announce
> the filing of a Tort Claim Notice to the Board that a lawsuit might be
> filed in the future.
>
> (click here for audio recording courtesy of the Observer):
> http://idisk.mac.com/kevincanessa-Public/pressconference.m4a
>
> The President of the Kearny Board of Education, Bernadette MacDonald,
> reacted on behalf of the board stating in part that "As a result of
> this threaten lawsuit, it is unfortunate that public dollars will be
> spent in defending our school district when this matter is already
> being addressed through dialogue and action." See MacDonald Press
> Release in .PDF format at this URL:
> http://idisk.mac.com/kevincanessa-Public/board-response.pdf
>
> On January 17, 2007, KOTW suggested that the Board not pass a no
> recording policy on the heals of an apparent violation of the
> separation of church and state by teacher David Paszkiewicz. Little
> did we know that the Board had passed the policy at its January meeting
> apparently after most if not all of the public had left.
>
> It is unfortunate that public dollars will be spent in defending
> Kearny. To imply that it is Matthew LaClair's fault just shows the
> insensitivity that exists on the Kearny School Board. From the
> beginning, the board has missed opportunities to put the Paszkiewicz/
> LaClair matter to rest.
>
> First, it either took no (or very little) disciplinary action against
> teacher Paszkiewicz leading many to believe that the Board was trying
> to sweep the teachers actions under the rug. Secondly, it took months
> and only after its hand was forced to issue a written policy
> recognizing a well established principle of separation of church and
> state in our country's public schools. Thirdly, after taking months to
> announce its position, it couples the introduction of the policy with a
> no-recording policy. Fourthly, it passes the anti-recording policy
> with very little public discussion and apparently against the will of
> the LaClair family.
>
> It is clear that unless individual Board of Education members stand up
> and voice their opinion taxpayers will be incurring additional legal
> fees. Even before a lawsuit has been filed, the Board of Education has
> hired an outside firm to handle the LaClair matter. The LaClairs filed
> a Tort Claim Notice which simply preserves their right to bring an
> action if they wish to in the future. The LaClairs have stated
> publicly that they do not want to sue the Town of Kearny.
>
> According to Attorney Richard Mancino, a partner with the law firm
> Willkie Farr & Gallagher and counsel to Matthew LaClair, the LaClair
> family wants the Kearny Board of Education to (1) implement a policy
> that would prevent preaching in the classroom; (2) correct in a public
> assembly the erroneous statements with respect to evolution and the big
> bang theory made by teacher Paszkiewicz; and (3) make it clear that
> what Matthew LaClair did was proper and appropriate.
>
> The Kearny Board of Education has already accomplished item number
> (1). The Kearny Board of Education can accomplish item numbers (2) and
> (3) without much effort. The statements made by teacher Paszkiewicz
> about evolution and the big bang theory were clearly not part of the
> school curriculum so its should not be difficult to accomplish item
> numbers (2) and (3). Also implied in the LaClair requests is item
> number (4) that the anti-recording policy be rescinded.
>
> The LaClairs have not filed a lawsuit. A lawsuit can be easily avoided
> by completing items (2), (3) and (4). KOTW urges the individual
> members of the Kearny Board of Education to stand up and work towards
> an amicable resolution of this matter.
>
>
>
>
> The New York Times - Feb 1, 2007
>
> http://select.nytimes.com/search/restricted/article?res=F10C14FD3E5B0C728CDDAB0894DF404482
>
> Student's Recording of Teacher's Views Leads to a Ban on Taping
>
> By TINA KELLEY
>
> After a public school teacher was recorded telling students they
> belonged in hell if they did not accept Jesus as their savior, the
> school board has banned taping in class without an instructor's
> permission, and has added training for teachers on the legal
> requirements for separating church and state.
>
> A junior at Kearny High School in New Jersey, Matthew LaClair, 16,
> complained to his principal after the teacher in his American history
> class, David Paszkiewicz, told students that evolution and the Big Bang
> were not scientific, that dinosaurs were aboard Noah's ark and that
> only Christians had a place in heaven. He started recording the
> comments in September because, he said, he was afraid school officials
> would not otherwise believe that the teacher had made them. Matthew
> said he was ridiculed and threatened after his criticism became public.
>
> After several students complained to the school board that their voices
> had been broadcast on the Internet and on television news programs
> without their consent, the board adopted a policy in mid-January that
> requires students to request permission from an instructor to record or
> videotape a class.
>
> ''Adoption of this rule at this time sends all the wrong messages,''
> said Paul LaClair, Matthew's father. ''We were in negotiations and this
> is extremely ill-advised and disrespectful, if not bad faith.''
>
> About the same time, the school board president, Bernadette McDonald,
> addressed a memo to the Kearny School District community that every
> teacher would receive mandatory instruction about how to interpret the
> Constitution's separation of church and state and how it should apply
> to classroom discussions. Ms. McDonald also asked the school board to
> adopt a policy showing ''its strong commitment to the principle that
> the personal religious beliefs of our instructional staff have no place
> in our classrooms.''
>
> Kenneth J. Lindenfelser, the board's lawyer, said classes were being
> planned to inform students of their constitutional rights, to encourage
> them to come forward with questions and to explain that people ''who
> exercise their rights should not be viewed negatively.''
>
> School officials said they took ''corrective action'' against Mr.
> Paszkiewicz, but would not elaborate.
>
> Meanwhile, Matthew said that Mr. Paszkiewicz recently told the class
> that scientists who spoke about the danger of global warming were using
> tactics like those Hitler used, by repeating a lie often enough that
> people come to believe it.
>
> Mr. Lindenfelser said that the district did not investigate the report
> of that comment, which he said was not religious or a violation of
> ''any kind of law.''
>
> Copyright 2007 The New York Times Company
>
>
>
> KOTW - Jan 27, 2007
>
> Let's Go to The Audio Tape Please
>
> January 27, 2007. At the January meeting of the Kearny Board of
> Education, a statement was read outlining the board's policy on
> separation of church and state and outlining how the board will handle
> such issues in the future. At the same meeting, the Board announced
> that it was moving to adopt an audio recording policy. To date, the
> Board has not published either policy to its website. It was announced
> at the Board meeting that the "separation of church and state" policy
> was sent to various media outlets but none of the local press have
> published the entire policy. It is not clear whether the proposed audio
> recording policy is still being drafted or if it has been finalized
> awaiting a vote by the Board.
>
> At the January meeting, David Paszkiewicz supporters outnumbered the
> Matthew LaClair supporters. Several speakers spoke passionately about
> David Paszkiewicz with statements to the effect that he was a great
> teacher, a role model for children and young adults, and a Christian
> pastor who is passionate about his faith. Several of the speakers
> stated that David Paszkiewicz was being "persecuted" because he
> exercised his 1st Amendment right to speak. In fact, an attorney on
> behalf of David Paszkiewicz made a statement effectively reiterating
> statements made in David Paszkiewicz's Letter to the Editor which
> appeared in the Observer (and is available on our Discussion Board)
> that his client was within his rights to exercise his First Amendment
> right. Throughout, the members of the Board of Education remained
> silent. No Board member engaged the public in discussion or asked
> questions of the speakers. No Board member asked to speak and address
> the concerns of the attendees or express their own view on this
> important issue.
>
> The preparation of a statement/policy on separation of church and state
> was a step in the right direction. However, to announce at the same
> meeting that the Board members are considering an audio recording
> policy negates the effectiveness of the policy. Even with audio
> recordings of teacher David Paszkiewicz
news:1182074769.3102668648.1004835085@servebbs.org...
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Religious Intrusion into Schools: Matthew LaClair vs Kearny
>
> Via NY Transfer News Collective All the News that Doesn't Fit
>
> The New York Times - May 20, 2007
> http://select.nytimes.com/search/restricted/article?res=F40E1EF63B550C738EDDAC0894DF404482
>
> Editorial
>
> Matthew's Vindication
>
> Some stories have good endings. Take, for example, the case of Matthew
> LaClair, the Kearny student who last year had the courage to speak up
> when his 11th-grade history teacher told students that the theory of
> evolution was scientifically unsound and that only Christians had a
> place in heaven.
>
> Instead of disciplining the teacher for crossing the boundary between
> church and state, school officials treated Matthew as the problem, and
> many students followed suit by ostracizing him. To his credit, Matthew,
> who had taped the teachers' proselytizing remarks, stood his ground;
> his family later took legal action against the school district for
> violating his constitutional rights.
>
> This month, Matthew, now 17, was vindicated as the board of education,
> on a vote of 6 to 1, finally came to its senses. As part of a legal
> settlement with the family, the board agreed to train teachers and
> students about the separation of church and state in the public schools
> and the distinction between the scientific theory of evolution and the
> religious doctrine of creationism. The board also agreed to commend
> Matthew for his ''courage and integrity.''
>
> Matthew said the experience had taught him how hard it is to go against
> the crowd, but that sometimes it is important to do so. Our hope, too,
> is that school officials will henceforth pay attention when students
> stand up for what they believe.
>
>
>
> KearnyOnTheWeb - May 10, 2007
> http://www.kearnyontheweb.com/
>
> Kearny Board of Education Resolves
> David Paszkiewicz/Matthew LaClair Dispute
>
> May 10, 2007. The Kearny Board of Education has settled their dispute
> with Matthew LaClair. The terms of the settlement include training for
> teachers and students on the separation of church and state and a
> statement commending Matthew LaClair for his "courage and integrity".
>
> Additional details are available from the New York Times.
>
> [All Kearny On the Web posts from Jan 18 on follow, along with all Times
> stories from Feb 1 on (see previous posts for initial NY Times news
> story and Editorial, as well as the Village Voice and earlier
> posts on the Kearny website Kearny on the Web (KOTW.-NY Transfer]
>
>
>
> The New York Times - May 10, 2007
> http://select.nytimes.com/search/restricted/article?res=FA061FF73C550C738DDDAC0894DF404482
>
> Parents and District Settle Dispute on Teacher's Religious Remarks
>
> By TINA KELLEY
>
> The Kearny Board of Education in New Jersey and the parents of Matthew
> LaClair, a 17-year-old junior at Kearny High School, settled their
> dispute on Tuesday night about a teacher who proselytized in class.
>
> The settlement will include training for teachers and students about
> the separation of church and state and a public statement by the board
> praising Matthew for bringing the matter to its attention.
>
> Matthew recorded his history teacher, David Paszkiewicz, making
> comments in class in September, including remarks that only Christians
> had a place in heaven, that the Big Bang and evolution theories were
> not scientific and that dinosaurs were on Noah's Ark. After the tapes
> became public, Matthew received a death threat and was shunned and
> bullied by some of his classmates, he has said.
>
> In the fall, the board reprimanded the teacher and later adopted a
> policy barring students from taping in class without a teacher's
> permission.
>
> In February, Matthew's parents, Paul and Debra LaClair, filed court
> papers on their son's behalf saying that they intended to sue the
> district for violating his First Amendment and civil rights. They
> faulted the district for not protecting Matthew from harassment by
> other students and sought public corrections to some of the statements
> the teacher made in class.
>
> As part of the settlement, in which neither side admits wrongdoing, the
> New Jersey regional office of the Anti-Defamation League will start
> training teachers and students in September about keeping church and
> state separate in public schools, and about ''the distinction between
> the scientific theory of evolution and the religious doctrine of
> creationism.''
>
> Another part of the deal says the board will make a public statement
> commending Matthew for his ''courage and integrity,'' and the LaClairs
> will issue a statement commending the board.
>
> The settlement does not address the status of Mr. Paszkiewicz, 39, who
> has remained a history teacher at the high school. Mr. Paszkiewicz, who
> is also a Baptist youth pastor, had his classes switched in the middle
> of the school year so as not to have Matthew as a student.
>
> Demetrios K. Stratis, the lawyer for Mr. Paszkiewicz, said that his
> client was not involved in the settlement and knew nothing about it.
> ''There are people who think my client is the victim,'' Mr. Stratis
> said yesterday.
>
> Kenneth J. Lindenfelser, the lawyer for the Kearny school board, said
> the settlement created remedies that go further than any court has gone.
>
> ''This may set the framework for how districts deal with these kinds of
> situations in the future,'' he said.
>
> After the settlement passed on Tuesday night -- by a vote of 6-1, with
> two board members absent -- Matthew said in a phone interview, ''I
> sincerely hope the board and everybody involved possibly learned
> something from this whole thing.''
>
> He said that he had learned plenty, ''like how hard it can be sometimes
> to go against the grain, and that a lot of times, even though things
> may be tough, you still have to go through with it and finish it.''
>
>
>
> The New York Times - Feb 21, 2007
> http://select.nytimes.com/search/restricted/article?res=FA0914F6395A0C728EDDAB0894DF404482
>
> Teacher Defends Religious Comments in Class
>
> By TINA KELLEY
>
> The teacher who is the subject of a potential lawsuit regarding
> proselytizing in a public high school history class denied on Tuesday
> night that he had preached in class and said that the student who taped
> him had never expressed discomfort to him about his comments.
>
> The teacher, David Paszkiewicz, 38, spoke for the first time with
> reporters about the controversy outside a school board meeting here
> during which the board took the first step toward approving a policy
> that specifically requires teachers to ''refrain from advocating one
> religion.''
>
> The student, Matthew LaClair, 16, recorded the teacher's history
> classes in September after, he said, he became uncomfortable with the
> religious nature of the discussions in class. He has said that he felt
> his criticisms of the popular teacher would not be believed otherwise.
>
> Matthew brought his concerns to school officials, and they took
> corrective action against the teacher, which Mr. Paszkiewicz called ''a
> reprimand.''
>
> After the tapes became public, Matthew said, he has had little support
> from other students. He received a death threat and has been bullied,
> he said.
>
> Demetrios K. Stratis, Mr. Paszkiewicz's lawyer, told reporters on
> Tuesday night that Matthew's questions in class led the teacher down a
> path. ''It doesn't defy common sense to say he was set up,'' Mr.
> Stratis said before the board meeting, which was attended by about 150
> people.
>
> Matthew has said that he did not initiate any of the classroom
> conversations about religion.
>
> In the recordings, Mr. Paszkiewicz said of Jesus, ''If you reject his
> gift of salvation, then you know where you belong.'' He also said: ''He
> did everything in his power to make sure that you could go to heaven,
> so much so that he took your sins on his own body, suffered your pains
> for you, and he's saying, 'Please, accept me, believe.' If you reject
> that, you belong in hell.''
>
> In other comments, he is recorded saying that dinosaurs were on Noah's
> ark, and that the Big Bang and evolution were not based on science.
>
> But on Tuesday night, Mr. Paszkiewicz insisted, ''I'm very careful to
> follow the guidelines and stick with the curriculum.''
>
> As for the recordings, he said, ''I really wish the entire world would
> listen to them.''
>
> Some of the teacher's supporters last night carried signs that said,
> ''Jesus Saves.'' One man carried a sign that equated the American Civil
> Liberties Union with the Anti Christian Liberties Union.
>
> On Monday, the LaClair family, the American Civil Liberties Union, and
> the People for the American Way Foundation announced the family's
> intent to sue the school district if their complaints are not resolved.
>
> Matthew and his parents, Paul and Debra LaClair, are asking for an
> apology to Matthew and for public corrections to some of the statements
> Mr. Paszkiewicz made in class.
>
> Matthew told the board last night, ''During the whole time, I've been
> harassed and bullied, and you've done nothing to defend me; you make it
> look like I've done something wrong.''
>
>
>
> The New York Times - Feb 20, 2007
> http://select.nytimes.com/search/restricted/article?res=F10D12FC395A0C738EDDAB0894DF404482
>
> Student, 16, Finds Allies In His Fight Over Religion
>
> By PATRICK MCGEEHAN
>
> A Kearny High School junior on Monday drew some legal heavyweights into
> his battle with school officials over a teacher's proselytizing in
> class.
>
> The American Civil Liberties Union, the People for the American Way
> Foundation and a partner from a large Manhattan law firm stood beside
> the student, Matthew LaClair, as he and his family threatened to sue
> the Kearny Board of Education if their complaints are not resolved.
> Last fall, Matthew, 16, taped the teacher, David Paszkiewicz, telling
> students in a history class that if they do not believe that Jesus died
> for their sins, they ''belong in hell.''
>
> On the recordings, which Matthew made surreptitiously starting in
> September, Mr. Paszkiewicz is heard telling the class that there were
> dinosaurs aboard Noah's ark and that there is no scientific basis for
> evolution or the Big Bang theory of the origin of the universe.
>
> Since Matthew turned over the tapes to school officials, his family and
> supporters said, he has been the target of harassment and a death
> threat from fellow students and ''retaliation'' by school officials who
> have treated him, not the teacher, as the problem. The retaliation,
> they say, includes the district's policy banning students from
> recording what is said in class without a teacher's permission and
> officials' refusal to punish students who have harassed Matthew.
>
> Matthew and his parents, Paul and Debra LaClair, are demanding an
> apology to Matthew and public correction of some of Mr. Paszkiewicz's
> statements in class.
>
> The LaClairs filed a torts claim notice on Feb. 13 against the school
> board, Mr. Paszkiewicz and other school officials. Such a claim is
> required before a lawsuit can be filed in New Jersey. ''The school
> created a climate in which the students in the school community held
> resentment for Matthew,'' said Deborah Jacobs, executive director of
> the A.C.L.U. in New Jersey. She said Kearny High School had ''violated
> the spirit and the letter of freedom of religion and the First
> Amendment.''
>
> Ms. Jacobs added that the A.C.L.U. would support the LaClairs if they
> sue the school board and might join the action.
>
> Richard Mancino, a partner with Willkie Farr & Gallagher, which is
> representing the family, said he did not understand why school
> officials would not ''stand up for this student, who had the guts to
> raise this constitutional issue.'' Instead, Mr. Mancino said, they
> appear ''to have adopted a shoot-the-messenger policy.''
>
> Angelo J. Genova, a lawyer in Livingston, N.J., who is representing the
> school board, said Kearny school officials had addressed Matthew's
> complaints and had reaffirmed their commitment to the separation of
> church and state in the classroom.
>
> Bernadette McDonald, president of the school board, said in a
> statement: ''We took his concerns very seriously. The result was that
> we have received no further complaints about such religious
> proselytization in our schools.''
>
> Mr. Genova said the school board had hired Edwin H. Stier, who was
> director of the New Jersey Division of Criminal Justice from 1977 to
> 1982, to independently investigate Matthew's harassment allegations.
>
> For his part, Matthew said he recognized that ''there are going to be a
> lot of consequences'' at school from the Monday news conference. He
> said he had already felt hostility from students after the school
> switched his history class from Mr. Paszkiewicz to another teacher.
>
> The district would not disclose what action it had taken against Mr.
> Paszkiewicz, who is teaching the same course to a different group of
> students. He has taught in the district for 14 years.
>
>
>
> KOTW - Feb 19, 2007
>
> Kearny Board of Education Members
>
> At A Crossroad
>
> February 19, 2007. The Kearny Board of Education will meet tomorrow in
> its regular monthly meeting. A press conference was held to announce
> the filing of a Tort Claim Notice to the Board that a lawsuit might be
> filed in the future.
>
> (click here for audio recording courtesy of the Observer):
> http://idisk.mac.com/kevincanessa-Public/pressconference.m4a
>
> The President of the Kearny Board of Education, Bernadette MacDonald,
> reacted on behalf of the board stating in part that "As a result of
> this threaten lawsuit, it is unfortunate that public dollars will be
> spent in defending our school district when this matter is already
> being addressed through dialogue and action." See MacDonald Press
> Release in .PDF format at this URL:
> http://idisk.mac.com/kevincanessa-Public/board-response.pdf
>
> On January 17, 2007, KOTW suggested that the Board not pass a no
> recording policy on the heals of an apparent violation of the
> separation of church and state by teacher David Paszkiewicz. Little
> did we know that the Board had passed the policy at its January meeting
> apparently after most if not all of the public had left.
>
> It is unfortunate that public dollars will be spent in defending
> Kearny. To imply that it is Matthew LaClair's fault just shows the
> insensitivity that exists on the Kearny School Board. From the
> beginning, the board has missed opportunities to put the Paszkiewicz/
> LaClair matter to rest.
>
> First, it either took no (or very little) disciplinary action against
> teacher Paszkiewicz leading many to believe that the Board was trying
> to sweep the teachers actions under the rug. Secondly, it took months
> and only after its hand was forced to issue a written policy
> recognizing a well established principle of separation of church and
> state in our country's public schools. Thirdly, after taking months to
> announce its position, it couples the introduction of the policy with a
> no-recording policy. Fourthly, it passes the anti-recording policy
> with very little public discussion and apparently against the will of
> the LaClair family.
>
> It is clear that unless individual Board of Education members stand up
> and voice their opinion taxpayers will be incurring additional legal
> fees. Even before a lawsuit has been filed, the Board of Education has
> hired an outside firm to handle the LaClair matter. The LaClairs filed
> a Tort Claim Notice which simply preserves their right to bring an
> action if they wish to in the future. The LaClairs have stated
> publicly that they do not want to sue the Town of Kearny.
>
> According to Attorney Richard Mancino, a partner with the law firm
> Willkie Farr & Gallagher and counsel to Matthew LaClair, the LaClair
> family wants the Kearny Board of Education to (1) implement a policy
> that would prevent preaching in the classroom; (2) correct in a public
> assembly the erroneous statements with respect to evolution and the big
> bang theory made by teacher Paszkiewicz; and (3) make it clear that
> what Matthew LaClair did was proper and appropriate.
>
> The Kearny Board of Education has already accomplished item number
> (1). The Kearny Board of Education can accomplish item numbers (2) and
> (3) without much effort. The statements made by teacher Paszkiewicz
> about evolution and the big bang theory were clearly not part of the
> school curriculum so its should not be difficult to accomplish item
> numbers (2) and (3). Also implied in the LaClair requests is item
> number (4) that the anti-recording policy be rescinded.
>
> The LaClairs have not filed a lawsuit. A lawsuit can be easily avoided
> by completing items (2), (3) and (4). KOTW urges the individual
> members of the Kearny Board of Education to stand up and work towards
> an amicable resolution of this matter.
>
>
>
>
> The New York Times - Feb 1, 2007
>
> http://select.nytimes.com/search/restricted/article?res=F10C14FD3E5B0C728CDDAB0894DF404482
>
> Student's Recording of Teacher's Views Leads to a Ban on Taping
>
> By TINA KELLEY
>
> After a public school teacher was recorded telling students they
> belonged in hell if they did not accept Jesus as their savior, the
> school board has banned taping in class without an instructor's
> permission, and has added training for teachers on the legal
> requirements for separating church and state.
>
> A junior at Kearny High School in New Jersey, Matthew LaClair, 16,
> complained to his principal after the teacher in his American history
> class, David Paszkiewicz, told students that evolution and the Big Bang
> were not scientific, that dinosaurs were aboard Noah's ark and that
> only Christians had a place in heaven. He started recording the
> comments in September because, he said, he was afraid school officials
> would not otherwise believe that the teacher had made them. Matthew
> said he was ridiculed and threatened after his criticism became public.
>
> After several students complained to the school board that their voices
> had been broadcast on the Internet and on television news programs
> without their consent, the board adopted a policy in mid-January that
> requires students to request permission from an instructor to record or
> videotape a class.
>
> ''Adoption of this rule at this time sends all the wrong messages,''
> said Paul LaClair, Matthew's father. ''We were in negotiations and this
> is extremely ill-advised and disrespectful, if not bad faith.''
>
> About the same time, the school board president, Bernadette McDonald,
> addressed a memo to the Kearny School District community that every
> teacher would receive mandatory instruction about how to interpret the
> Constitution's separation of church and state and how it should apply
> to classroom discussions. Ms. McDonald also asked the school board to
> adopt a policy showing ''its strong commitment to the principle that
> the personal religious beliefs of our instructional staff have no place
> in our classrooms.''
>
> Kenneth J. Lindenfelser, the board's lawyer, said classes were being
> planned to inform students of their constitutional rights, to encourage
> them to come forward with questions and to explain that people ''who
> exercise their rights should not be viewed negatively.''
>
> School officials said they took ''corrective action'' against Mr.
> Paszkiewicz, but would not elaborate.
>
> Meanwhile, Matthew said that Mr. Paszkiewicz recently told the class
> that scientists who spoke about the danger of global warming were using
> tactics like those Hitler used, by repeating a lie often enough that
> people come to believe it.
>
> Mr. Lindenfelser said that the district did not investigate the report
> of that comment, which he said was not religious or a violation of
> ''any kind of law.''
>
> Copyright 2007 The New York Times Company
>
>
>
> KOTW - Jan 27, 2007
>
> Let's Go to The Audio Tape Please
>
> January 27, 2007. At the January meeting of the Kearny Board of
> Education, a statement was read outlining the board's policy on
> separation of church and state and outlining how the board will handle
> such issues in the future. At the same meeting, the Board announced
> that it was moving to adopt an audio recording policy. To date, the
> Board has not published either policy to its website. It was announced
> at the Board meeting that the "separation of church and state" policy
> was sent to various media outlets but none of the local press have
> published the entire policy. It is not clear whether the proposed audio
> recording policy is still being drafted or if it has been finalized
> awaiting a vote by the Board.
>
> At the January meeting, David Paszkiewicz supporters outnumbered the
> Matthew LaClair supporters. Several speakers spoke passionately about
> David Paszkiewicz with statements to the effect that he was a great
> teacher, a role model for children and young adults, and a Christian
> pastor who is passionate about his faith. Several of the speakers
> stated that David Paszkiewicz was being "persecuted" because he
> exercised his 1st Amendment right to speak. In fact, an attorney on
> behalf of David Paszkiewicz made a statement effectively reiterating
> statements made in David Paszkiewicz's Letter to the Editor which
> appeared in the Observer (and is available on our Discussion Board)
> that his client was within his rights to exercise his First Amendment
> right. Throughout, the members of the Board of Education remained
> silent. No Board member engaged the public in discussion or asked
> questions of the speakers. No Board member asked to speak and address
> the concerns of the attendees or express their own view on this
> important issue.
>
> The preparation of a statement/policy on separation of church and state
> was a step in the right direction. However, to announce at the same
> meeting that the Board members are considering an audio recording
> policy negates the effectiveness of the policy. Even with audio
> recordings of teacher David Paszkiewicz
