Kearny teen files tort claim against district

ACLU Backs Student In Preacher Teacher Flap

By Jarrett Renshaw, The Jersey Jouranl, February 20, 2007

Newark - The family of a Kearny teenager who blew the whistle on a popular teacher for turning history class into a Sunday sermon filed a tort claim notice against the district for allegedly failing to properly inform the student body on the hot-button issue and for not guarding the teen from harassment.

"I believe it is important to stand up for our constitutional rights and to make sure that these violations of the First Amendment, which apparently have been going on for years, are stopped once and for all," said 16-year-old Matthew LaClair to a bevy of reporters yesterday.

The announcement came at a news conference yesterday at the headquarters of the American Civil Liberties Union of New Jersey, which along with the People for the American Way Foundation, pledged support of the teen and his family.

"This is a textbook case on how a district should not handle a teacher who is proselytizing in the classroom," said Deborah Jacobs, executive director of the ACLU of New Jersey.

Starting in September, LaClair complained to the school administrators about comments made by his history teacher, David Paszkiewicz. LaClair said the teacher presented his own personal religious views and beliefs, even going as far as telling students they "were going to hell" if they did not accept the Christian faith.

LaClair recorded his teacher telling students, among other things, that evolution is less fact-based than the Bible, there were dinosaurs on Noah's Ark and the Big Bang theory of creation is unscientific.

After being confronted with the information, LaClair says his teacher said, "You got the big fish. Maybe you're an atheist, you got the big Christian guy who's a teacher."

The family said they would not file the civil lawsuit if the district becomes more proactive in educating its students about the separation of church and state - even suggesting an assembly that advises the students of their rights; and acknowledge that Paszkiewicz's behavior was unacceptable.

"My main concern is the students of the future and the future of public education," said LaClair.

In addition, the family says the school has failed to support LaClair - publicly and privately - from threats from fellow classmates, including an alleged death threat posted on LaClair's MySpace page.

The school district refused to take action on the alleged death threat, which was eventually handled by police without charge, said LaClair.

According to Demetrios Stratis, a Fair Lawn lawyer representing the teacher, Paszkiewicz was merely answering a question posed to him in a question-and-answer session.

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

In addition to privately reprimanding Paszkiewicz, the school has barred students from recording lectures without the teacher's permission and assigned a new teacher to LaClair's history class, moves LaClair says alienated him from his classmates and painted him as a villain.

"Students like Mr. Paszkiewicz, and now they blame me for having a new teacher. . It's been tough, and I have lost a lot of friends," said LaClair.

LaClair and his family are being represented by Willkie, Farr & Gallagher of New York and Riker, Danzig, Scherer, Hyland & Perretti of Morristown.

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