On Mon, Jun 30, 2008 at 11:40 AM, David Opderbeck <dopderbeck@gmail.com>
wrote:
> I need to make it a project to study these so-called "fairness" laws more
> carefully. My first reaction to the Louisiana law as quoted is that, as far
> as I know, local school boards already have the discretion to do everything
> the law outlines -- at least insofar as the U.S. Constitution is concerned.
> The "savings clause" in Section D, BTW, isn't only a statement of
> legislative intent -- it's also designed so that if a court could read the
> statute in two different ways, one of which would violate the establishment
> clause and another of which would not, it must adopt the constitutional
> reading and "save" the statute from repeal.
>
> It seems that a key phrase is that the State government "shall allow *and
> assist" *local school districts and individual teachers who want to
> present alternative views, and that this assistance "*shall* include
> support and guidance" concerning the controversial areas mentioned. So, the
> law seems to mandate support at the State level for alternative curricular
> materials. That seems problematic to me at a policy level on subsidiarity
> grounds.
>
>
What passed was significantly different than what was originally proposed.
Even the title changed from Louisiana Academic Freedom Act to the Lousiana
Science Education Act. Here's the original bill:
1 AN ACT
2 To enact R.S. 17:2118, relative to public elementary and secondary
schools; to provide that
3 no public elementary or secondary school governing authority,
superintendent,
4 administrator, or principal shall prohibit any teacher from discussing
certain
5 scientific evidence; to prohibit certain content-based censorship; to
provide for
6 notice of such to local school systems and employees; and to provide for
related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:2118 is hereby enacted to read as follow:
10 §2118. Discussion of certain scientific evidence; prohibitions;
limitations;
11 dissemination to local school systems
12 A. The Louisiana Legislature finds and declares all of the following:
13 (1) The Preamble of the Louisiana Constitution declares that the
14 promotion of education is one of the legitimate ends of government.
15 (2) That the Louisiana Board of Elementary and Secondary Education
16 has promulgated the "Louisiana Science Framework" which states that "the
17 process of scientific inquiry involves 'thinking critically and logically
about the
1 relationships between evidence and explanations, constructing and
analyzing
2 alternative explanations, and communicating scientific arguments.'"
3 (3) That an important purpose of science education is to inform students
4 about scientific evidence and to help students develop critical thinking
skills
5 that they need in order to become intelligent, productive, and
scientifically
6 informed citizens.
7 (4) That the teaching of some scientific subjects, such as biological
8 evolution, the chemical origins of life, global warming, and human
cloning, can
9 cause controversy, and that some teachers may be unsure of the
expectations
10 concerning how they should present information on such subjects.
11 (5) That this Act shall be known as the "Louisiana Academic Freedom
12 Act."
13 B. The Louisiana Department of Education, public elementary and
14 secondary school governing authorities, superintendents of schools,
school
15 system administrators, and public elementary and secondary school
principals
16 and administrators shall endeavor to create an environment within public
17 elementary and secondary schools that encourages students to explore
scientific
18 questions, learn about scientific evidence, to help students develop
critical
19 thinking skills, and respond appropriately and respectfully to
differences of
20 opinion about controversial issues. Such educational authorities in
Louisiana
21 shall also endeavor to assist teachers to find more effective ways to
present the
22 science curriculum where it addresses scientific controversies. Toward
this end,
23 teachers shall be permitted to help students understand, analyze,
critique, and
24 review in an objective manner the scientific strengths and scientific
weaknesses
25 of existing scientific theories pertinent to the course being taught.
26 C. Neither the Louisiana Department of Education, nor any public
27 elementary or secondary school governing authority, superintendent of
schools,
28 or school system administrator, nor any public elementary or secondary
school
29 principal or administrator shall prohibit any teacher in a public school
system
1 state from helping students understand, analyze, critique, and review in
2 an objective manner the scientific strengths and scientific weaknesses of
existing
3 scientific theories pertinent to the course or courses being taught. Such
topics
4 may include those topics listed in Paragraph A(4) of this Section.
5 D. Neither the Louisiana Department of Education, nor any public
6 elementary or secondary school governing authority, superintendent of
schools,
7 or school system administrator, nor any public elementary or secondary
school
8 principal or administrator or teacher, in the course and scope of his
duties in
9 such capacity, shall censor or suppress in any way any writing, document,
10 record, or other content of any material which references topics listed
in
11 Paragraph A(4) of this Section.
12 E. This Section only protects the teaching of scientific information, and
13 this section shall not be construed to promote any religious doctrine,
promote
14 discrimination for or against a particular set of religious beliefs, or
promote
15 discrimination for or against religion or non-religion.
16 F. By no later than the start of the 2008-2009 school term, the state
17 superintendent of elementary and secondary education shall notify all
public
18 school system superintendents of the provisions of this Section. Each
19 superintendent shall then disseminate to all employees within his school
system
20 a copy of the provisions of this Section.
21 Section 2. This Act shall become effective upon signature by the governor
or, if not
22 signed by the governor, upon expiration of the time for bills to become
law without signature
23 by the governor, as provided by Article III, Section 18 of the
Constitution of Louisiana. If
24 vetoed by the governor and subsequently approved by the legislature, this
Act shall become
25 effective on the day following such approval.
There were also two Senate amendments in the bill:
1. Specifies the scientific theories being studied include evolution, the
origins
of life, global warming, and human cloning.
2. Requires a teacher to first teach material presented in the standard
textbook
supplied by the school system and then authorizes him to use supplemental
textbooks and other instructional materials.
The Florida Bill looked like this. It died at the end of the 2008
legislative Session.
Florida Senate - 2008 CS for SB 2692
By the Committee on Education Pre-K - 12; and Senators Storms and Wise
581-05919-08 20082692c1
1
A bill to be entitled
2
An act relating to the teaching of chemical and biological
3
evolution; providing a short title; providing legislative
4
intent; defining the term "scientific information";
5
providing public school teachers with a right to present
6
scientific information relevant to the full range of views
7
on biological and chemical evolution; prohibiting a
8
teacher from being discriminated against for presenting
9
such information; prohibiting students from being
10
penalized for subscribing to a particular position on
11
evolution; clarifying that the act does not require any
12
change in state curriculum standards or promote any
13
religious position; providing an effective date.
14
15
Be It Enacted by the Legislature of the State of Florida:
16
17
Section 1. (1) This section may be cited as the "Evolution
18
Academic Freedom Act."
19
(2) As used in this section, the term "scientific
20
information" means germane current facts, data, and peer-reviewed
21
research specific to the topic of chemical and biological
22
evolution as prescribed in Florida's Science Standards.
23
(3) The Legislature finds that current law does not
24
expressly protect the right of teachers to objectively present
25
scientific information relevant to the full range of scientific
26
views regarding chemical and biological evolution. The
27
Legislature finds that in many instances educators have
28
experienced or feared discipline, discrimination, or other
29
adverse consequences as a result of presenting the full range of
30
scientific views regarding chemical and biological evolution. The
31
Legislature further finds that existing law does not expressly
32
protect students from discrimination due to their positions or
33
views regarding biological or chemical evolution. The Legislature
34
finds that the topic of biological and chemical evolution has
35
generated intense controversy about the rights of teachers and
36
students to hold differing views on those subjects. It is
37
therefore the intent of the Legislature that this section
38
expressly protect those rights.
39
(4) Every public school teacher in the state's K-12 school
40
system shall have the affirmative right and freedom to
41
objectively present scientific information relevant to the full
42
range of scientific views regarding biological and chemical
43
evolution in connection with teaching any prescribed curriculum
44
regarding chemical or biological evolution.
45
(5) A public school teacher in the state's K-12 school
46
system may not be disciplined, denied tenure, terminated, or
47
otherwise discriminated against for objectively presenting
48
scientific information relevant to the full range of scientific
49
views regarding biological or chemical evolution in connection
50
with teaching any prescribed curriculum regarding chemical or
51
biological evolution.
52
(6) Public school students in the state's K-12 school
53
system shall be evaluated based upon their understanding of
54
course materials through normal testing procedures. However,
55
students shall not be penalized for subscribing to a particular
56
position or view regarding biological or chemical evolution.
57
(7) The rights and privileges contained in this section
58
apply when the subject of biological or chemical evolution is
59
part of the curriculum. This section does not require or
60
encourage any change in the state curriculum standards for the K-
61
12 public school system.
62
(8) This section does not promote any religious doctrine,
63
promote discrimination for or against a particular set of
64
religious beliefs, or promote discrimination for or against
65
religion or nonreligion.
66
Section 2. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.
Rich Blinne
Paralegal ASA :-)
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Received on Mon Jun 30 14:26:25 2008
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