Kearny student movest to sue district

defending the First Amendment against the Christian right ...

... because if Jews don't speak out, they'll think we don't mind

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Kearny student moves to sue district

He cites harassment after challenging teacher's preaching

By Kelly Heyboer, The Star-Ledger, (Newark, New Jersey), February 20, 2007

A Kearny teenager who made national headlines when he taped a teacher preaching religious beliefs in class said yesterday he will sue the school district for allegedly penalizing him for speaking out, then failing to protect him from the harassment of angry classmates.

Last fall, Kearny High School junior Matthew LaClair secretly recorded his teacher telling his U.S. history class that those who don't believe Jesus died for their sins "belong in hell." The veteran teacher, David Paszkiewicz, also dismissed evolution and the "Big Bang" theory and told students dinosaurs were on Noah's Ark, LaClair said.

The popular teacher, a devout Baptist, often brought up his religious beliefs during lessons, LaClair said. The honors student took his recordings to school officials and later the press, appearing on "Good Morning America," National Public Radio and in stories in newspapers around the nation.

Since then, LaClair said he has been repeatedly harassed and ostracized by fellow students and received a death threat on his MySpace Web page from one classmate.

Though Paszkiewicz is still teaching history, the school recently assigned another teacher to LaClair's 11th-grade class. The midyear switch prompted additional criticism of LaClair from angry students who liked the teacher.

The school board also passed rules banning students from recording their instructors without their knowledge.

"Frankly, (LaClair) has been left out to dry by the school board," Richard Mancino, the teenager's attorney, said at a Newark press conference.

"He took a courageous step in bucking a very popular teacher and bringing this conduct to the school's attention. Every step of the way the school has treated Matthew as if he's the problem," Mancino said.

Bernadette McDonald, president of the Kearny Board of Education, released a statement yesterday saying it is unfortunate that public money will have to be spent defending the district against a possible lawsuit.

"Since the situation arose, our school officials have been in regular communication with the family and its representatives to respond to their concerns. We have been working diligently to address those concerns in the hope of resolving this amicably," McDonald said.

Paszkiewicz, of Kearny, did not return calls to his home yesterday. But his attorney said the history teacher did nothing wrong. The remarks LaClair recorded last fall were part of a class discussion.

"The student asked a question, and David answered appropriately," said Demetrios Stratis, Paszkiewicz's attorney. "As a teacher, he has a dual role. ... He doesn't lose his constitutional rights, especially his First Amendment rights."

"He was asked to give an opinion. He said it was an opinion. And he offered that information," Stratis said.

The lawyer criticized the LaClair family for turning the incident into a "circus."

LaClair, who is being backed by the American Civil Liberties Union, said he knows filing a lawsuit probably will worsen his problems at school.

"This is something that I think I have to do," he said. "It's something I feel extremely strongly about."

Last week, LaClair and his family filed a tort claims notice, the first step toward filing a lawsuit. The notice names the school district, Paszkiewicz, the school superintendent and the high school's principal and vice principal.

The notice did not specify how much the family would seek in damages. But the legal papers said they could ask to be compensated for severe emotional distress and damage to their reputations.

The school district has hired attorney Edwin Stier, former director of the state Division of Criminal Justice, to do an independent investigation of LaClair's allegation that school officials failed to stop his classmates' harassment.

School officials have said "corrective action" was taken against Paszkiewicz after LaClair's complaints. But they declined to discuss the details, citing the district's privacy rules.

The school board has previously said it will hold training sessions in which teachers will learn when it is appropriate to discuss religion in class.

The board also plans to announce a policy today restating the district's commitment to the separation of church and state in the classroom.

LaClair, his parents and their attorney said they would consider not suing if school officials admitted the teenager did the right thing by taping his teacher. They also want school officials to publicly correct Paszkiewicz's statements about evolution, dinosaurs and science.

LaClair, whose father is an attorney, said he is considering a future in journalism or the law. For now, he has no plans to transfer out of Kearny High School, despite having few friends left.

"I know it's going to be difficult," he said. "I've got to do what I've got to do."

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