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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
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
