Wednesday, November 20, 2013
The Ohio Supreme Court affirmed yesterday a lower court's decision that a teacher could be fired for insubordination, thus avoiding a constiutional question of whether his teaching creationism and intelligent design in science classes imposed religious values on students. John Freshwater was a tenured high school science teacher who worked in the Mount Vernon City School District for twenty years. He had never been disciplined, even though he taught creationism and intelligent design in his eighth grade science classes, a violation of the school district's Academic Content Standards. The school board asked Freshwater to remove religious displays in his classroom such as the Ten Commandments and a poster depicting a Biblical verse above a photograph of former President George W. Bush and former Secretary of State Colin Powell in prayer. The district also warned Freshwater not to proceed with a plan to “critically examine” evolution in his science class. Freshwater ignored both dictates. Freshwater was fired in 2007 after using a Tesla Coil to make a cross on a student's arm that lasted over a week. (He denied intending to do so.) The Mount Vernon City School Board terminated Freshwater for cause because he "injected his personal religious beliefs into his plan and pattern of instructing his students that also included a religious display in his classroom," and for insubordination. Freshwater v. Mt. Vernon City Sch. Dist. Bd. of Edn., 2012-Ohio-889 (Ohio Ct. App. Mar. 5, 2012). The Ohio Supreme Court yesterday found the record supported Freshwater’s termination for insubordination in failing to comply with orders to remove religious materials from his classroom. The Court agreed that the district complied with the First Amendment by not allowing a public school teacher to “engage in any activity that promotes or denigrates a particular religion or religious beliefs while on board property, during any school activity” or when he was teaching." Because the court found that good cause existed for Freshwater's termination, it declined to reach the constitutional issue of "whether Freshwater impermissibly imposed his religious beliefs in his classroom." Read Freshwater v. Mt. Vernon City School Dist. Bd. of Ed. here.