Re: [asa] Culture Wars Come to New Zealand

Both of those seem to be cast as efforts to protect individual teachers from
overzealous school boards. Without getting into the empirical question of
whether there really are very many overzealous school boards, these raise
some interesting and difficult questions, IMHO, that are hard to suss out.
A public school teacher doesn't forfeit her religious freedom and freedom of
speech by taking a public school teaching job, and it would be bad public
policy (IMHO) to require teachers to suppress their religious convictions or
other personal views entirely. OTOH, a public school teacher is in some
sense an agent of the State, which implicates the establishment clause, and
the state has a legitimate interest in educating children with respect to
the prevailing consensus of the scientific community on matters such as
evolution and the environment. A very difficult balance to reach in the
abstract.

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 :-)
>

-- 
David W. Opderbeck
Associate Professor of Law
Seton Hall University Law School
Gibbons Institute of Law, Science & Technology
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