CTA's 2nd Brief & Response to Plaintiff's 1st Brief - National Center ...

Case: 09-56689 07/26/2010 Page: 18 of 80 ID: 7418245 DktEntry: 45-1
acting in concert with them or on their behalf, from continuing to make statements in
the classroom that are hostile towards religion and favor irreligion over religion" and
to require the School District "to institute a training and mentoring program." (ER 19,
pp.360-61); 2) the FAC alleged that Defendants' "practice and policy" were hostile
toward religion and treated students with religious beliefs as second-class citizens
(ER 19, p.359), and sought a declaration to that effect; and 3) the 'Teloza" comment
that the District Court found to violate the Establishment Clause was not mentioned
in the FAC (ER 19).
STATEMENT OF FACTS
Dr. James Corbett has taught in the Capistrano Unified School District
("School District" or "District") for more than twenty years. (SER 44, p. 18.) He has
taught Advanced Placement European History ("AP Euro") at Capistrano Valley High
School for approximately sixteen years. Id. He is a Christian who prays daily and
regularly attends church services. (SER 45-2, pp.35,40.)
The AP Euro standards are equivalent to a University of California course.
(SER 44, p.93.) The College Board's published course description states:
The study of European History since 1450 introduces students to cultural,
economic, political, and social developments that played a fundamental role in
shaping the world in which they live. Without this knowledge, we would lack
the context for understanding the development of contemporary institutions,
the role of continuity and change in present-day society and politics, and the