Plaintiffs' reply in support of their motion for partial summary judgment

Case 2:08-cv-00575-GLF-NMK Document 75-8 Filed 01/14/10 Page 6 of 17
Mr. Freshwater with passing out a paper from "All About God Ministries" entitled "Darwin's
Theory ofEvolution - The Premise and the Problem" which the parent believed to be
improper. As a result ofthis complaint Mr. Freshwater received a letter dated June 8, 2006
from Superintendent JeffMaley stating in part, "The material has notpassed the test of
scientific review andacceptance ofthe establishedsdentiflC community. I am directing you
to delete the materialfrom your supplemental resources. Also, in the future please refrain
from using materials that the source or author cannot be readily identified" (Copy as
Attachment 10)
Dr. Weston stated that she has had to deal with internal and external complaints about his failure
to follow the curriculum for much ofher 11 years at Mount Vernon. It has come to her attention
many times. She has reported these events to administrators and there have been some attempts
to make changes and other instances where they seem to have been disregarded, particularly by
one fornier assistant principal. She said that Mr: Freshwater cannot separate creationism!
intelligent design from teaching to the science standards. She stated Mr. Freshwater has a lot of
influence with his students that causes her concern.
Former Superintendent JeffMaley said he had received informal complaints regarding Mr.
Freshwaters' teaching creationism/intelligent design rather than evolution. When he had such·
circumstances with Mr. Freshwater he would tell him not to teach creationism or intelligent
design. He stated he never had complaints concerning any other teacher like the ones concerning
Mr. Freshwater. He tried to find another position for Mr. Freshwater, but could not do so because
he was only certified in science.
In a January 21,2003 evaluation by Principal JefIKuntz, Mr. Freshwater was directed to
"Continue to adhere to board policy and guidelines 2270 with respect to Religion In The
Curriculum." As part ofthe evaluation, he was given copies ofthe policy and guidelines.
The High School Principal said thatMr. Freshwater has caused issues for her high school teachers
in having to reeducate students from his teachings. The specific issues include a number ofareas
-- his failure to follow the curriculum regarding teaching creationism/intelligent design rather
than evolution and his teaching ofthe Periodic Table, as examples. The High School Principal
specifically asked that her daughter not be assigned to Mr. Freshwater for her 8 1b grade science
due to her concern about his teaching not being consistent with the curriculum.
A ninth grade science teacher provided copies ofquestionnaires that incoming students complete
on the first or second day ofschool in the fall. The teacher provided copies for the following
school years (Copies attached as Attachments 11,12 and 13 respectively):
• 2005 - 2006 (Incoming students from Mr. Freshwaters' 2004 - 2005 class)
• 2006':'" 2007 (Incoming students from Mr. Freshwaters' 2005 - 2006 class)
• 2007 - 2008 (Incoming students from Mr. Freshwaters' 2006 - 2007 class)
These questionnaires have a consistent pattern ofcomments from year to year such as:
• In response to question 2: What are some things you disliked or fQund difficult in your past
science classes?
o ''1 disliked how much time we spent studying evolution, although I found it
interesting, I wanted to move on." (2005 - 2006)
o "Studying evolution out ofthe book because it is all opinion. Not proven facts."
(2005 - 2006)
Mount Vernon Schools - John Freshwater Investigation. 5 June 19. 2008
D000322