Other Legal Materials

Other Legal Materials

* Complaint, dated May 27, 1981, with Act 590 attached
* Answer of State Defendants, filed August 19, 1981
* State's Preliminary List of Expert Witnesses dated September 21, 1981
* Plaintiffs' List of Witnesses (1st), filed October 8, 1981
* Plaintiffs' List of Witnesses (2nd), filed October 15, 1981
* Defendants' First List of Witnesses, served October 19, 1981
* Defendants' Second List of Witnesses, served October 26, 1981 [PDF version]
* Plaintiffs' Preliminary Outline of the Law and the Proof, undated
* Defendants' Preliminary Outline of the Legal Issues and Proof, served October 23, 1981
* Plaintiffs' Pre-Trial Brief, dated December 2, 1981
* Defendants' Trial Brief, dated December 2, 1981
* Joint Stipulation of Fact, undated [PDF version]
* Plaintiffs' Amended Proposed Findings of Fact and Conclusions of Law, undated
* Defendants' Proposed Findings of Fact and Conclusions of Law, undated

Complaint

In The
United States District Court
Eastern District Of Arkansas
Western Division




 
Rev. Bill McLean;                                                COMPLAINT
Bishop Ken Hicks;
The Right Rev. Herbert. Donovan;
The Most Rev. Andrew j. McDonald;
Bishop Frederick C. James;
Rev. Nathan Porter, individually and as
      father and Next Friend of Joel Randolph Porter;
Rev. George W. Gunn;
Dr. Rich* d B. Hardie, Jr.;
Rev. Earl B. Carter;
Rev. George Panner;
Dr. John P. Miles;
Rev. Jerry Canada;
The American Jewish Congress;
The Union of American Hebrew Congregations;
Frances C. Roelfs;
Charles Bowlus, individually and as father
      and Next Friend of Cordelia Ann and Christopher Felix;
Lon Schultz, individually and as father and
      Next Friend of Andrea Schultz;
The Arkansas Education Association;
The National Association of Biology Teachers;
E. E. Hudson;
Mike Wilson;
The American Jewish Committee; and
National Coalition For Public Education and
      Religious Liberty,

Plaintiffs,

v.

 
The State of Arkansas;
The Arkansas Board of Education;
Wayne Hartsfield, James Chesnutt,
Harry A. Haines, Walter Turnbow, Jim Dupree,
Dr. Harry T. McDonald, Robert Newton,
Alice L. Preston, and T. C. Cogbill, Jr., in
their official capacities as members of the
Arkansas Board of Education;
Don R. Roberts, in his official capacity as
Director of the Arkansas Department of Education;
The State Textbooks and instructional Materials
Selecting Committee; Pulaski County Special
School District; and Shirley Lowery, Bob Stander,
Bob Moore, Dan Hindman, N.M. Faulkner,
Mike Ballard, and Bob Teague, in their official
capacities as members of the Board of Directors
of the defendant Pulaski County Special School
District; and Thomas E. Hardin, in his official capac-
ity as Superintendent of the Pulaski County Special
School District,
 

Defendants.



 
I. JURISDICTION

 
1.   The court has jurisdiction pursuant to 28 U.S.C. §§1331,
1343 (31 and (4) for causes of action arising under the First
and Fourteenth Amendments to the Constitution of the United States
and 42 U.S.C. 51983, and 28 U.S.C. §§2201 and 2202.
 
II. NATURE OF THE ACTION

 
2.   This is an action for declaratory and injunctive relief de-
claring Act 590 of 1981, Acts of Arkansas, known as the
"Balanced Treatment For Creation-Science and Evolution-Science
Act" (hereafter, the "Creationism Act"), in violation of the
First and Fourteenth Amendments to the Constitution of the
United States, and of 42 U.S.C. §1983 and enjoining its imple-
mentation or enforcement.

3.   The Creationism Act (a) constitutes an establishment of
religion, (b) abridges the academic freedom of both teachers
and students, and (c) is impermissibly vague, all in violation
of the Constitution and laws of the United States.

4.   Plaintiffs request injunctive relief prohibiting defendants
from in any way enforcing the provisions of the Creationism Act,
including the promulgation of any rules or regulations incident
thereto, or the approval, selection, purchase or use of any
"Creationism" textbooks or materials.

5.   By initiating this action, plaintiffs are neither anti-
religion nor asserting the final truth of any theory of evolution.
Many of the plaintiffs are deeply-religious and believe religion
 

-1-

 
is important in personal, family and community life. Other
plaintiffs are science professionals committed to the scientific
method of inquiry, which necessarily rejects all claims to final
truth and perpetually tests for flaws in existing scientific
theories. All Plaintiffs are united in the firm conviction that
religion is strengthened by its complete separation from govern-
ment and that government supported education in science is
strengthened by its complete separation from religious doctrine.
 
-2-

 

III. PLAINTIFFS

 
6. Plaintiffs are:
   (a)   Rev. Bill McLean is a minister of the Presbyterian Church
and is the principal official of the Presbyterian Church in
Arkansas. He resides in Little Rack, Arkansas. He sues as a
citizen, a taxpayer and a religious person who supports separa-
tion of church and state.

   (b)   Bishop Ken Hicks is the Bishop of the United Methodist
Church in the Arkansas area. He resides in Little Rock, Arkansas.
He tried, unsuccessfully, to testify before the Arkansas legis-
lature in opposition to the bill which became the Creationism
Act. He sues as a citizen, a taxpayer, and a religious person
who supports separation of church and state.

   (c)   The Right Rev. Herbert Donavan is the Bishop of the
Episcopal Diocese of Arkansas. He resides in Little Rock,
Arkansas. He sues as a citizen, a taxpayer, and a religious
person who supports separation of church and state.

   (d)   The Most Rev. Andrew J. McDonald is the Bishop of the
Catholic Diocese of Little Rock, Arkansas. He resides in
Little Rock, Arkansas as sues as a citizen, a taxpayer, and a
religious person who supports separation of church and state.

   (e)   Bishop Frederick C. James is Bishop of the African
Methodist Episcopal Church or Arkansas Re resides in Little Rock,
Arkansas. Be sues as a citizen, a taxpayer, and a religious
person who sup orts separation of church and state.

   (f)   Rev. Nathan Porter is a minister of the Southern, Baptist
Convention. He holds a Doctorate of Ministry and is employed by
the Southern Baptist Convention. He resides in Arkadelphia,
Arkansas. He is the father and Next Friend of Joel Randolph Porter,
 

-3-

 

a minor, who is a student at Arkadelphia High School, a public
school in Arkadelphia, Arkansas. He sues as a citizen, a tax-
payer, a religious person who supports separation of church and
state, a parent, and on behalf of his minor son.

   (g)   Rev. George W. Gunn is the minister of the Pulaski
Heights Presbyterian Church in Little Rock, Arkansas. He sues
as a citizen, a taxpayer, and a religious person who supports
separation of church and state.

   (h)   Dr. Richard B. Hardie, Jr. is the minister of the
Westover Hills Presbyterian Church in Little Rock, Arkansas. He
resides in Little Rock, Arkansas. He sues as a citizen, a tax-
payer, and a religious person who supports separation of church
and state.

   (i)   Rev. Earl B. Carter is a minister of the United Methodist
Church and is Program Director of the North Arkansas Conference
of the United Methodist Church go resides in Little Rock,
Arkansas. He sues as a citizen, a taxpayer, and a religious
person who supports separation of church and state.

   (j)   Rev. George Panner is a minister of the United Methodist
Church and is Program Director of the Little Rock Conference of
the United Methodist church. He resides in Little Rock,
Arkansas. Re sues as a citizen, a taxpayer, and a religious
person who supports separation of church. and state.

   (k)   Dr. John P. Miles is the minister of St. James United
Methodist Church in Little Rock, Arkansas, and is the vice-chair
of Americans United for Separation of church and State in
Arkansas. He sues as a citizen, a taxpayer, and a religious
person who supports separation of church and state.
 

-4-

 

   (l)   Rev. Jerry Canada is a minister of the United Methodist
Church, and is editor of The Arkansas Methodist. He resides in
Little Rock, Arkansas. He sues as a citizen, a taxpayer, and
a religious person who supports separation of church and state.

   (m)   The American Jewish Congress is a national organization
of American Jews founded in 1918, with members in Arkansas. Its
principal address is 15 East 84th Street, New York, New York,
10028. Among its major concerns are the preservation and protec-
tion of the separation of church and state secured by the
Establishment Clause of the First Amendment to the Constitution
of the United States. It sues on its own behalf and on behalf of
its members.

   (n)   The Union of American Hebrew Congregation is the
central body of Reform Synagogues in the United States and Canada,
including 750 congregation comprising a total membership of
1,100,000 Reform Jews, with members in Arkansas. Its principal
address is 838 Fifth Avenue, New York, New York, 10021. Since
its inception in 1873, the Union has steadfastly supported
complete separation of church and state. It sues an its own
behalf and on behalf of its members.

   (o)   Frances C. Roelfs teaches biology in Springdale High
School, a public school in Springdale, Arkansas. She resides in
Fayetteville, Arkansas. She is the mother of a child who is a
student in the Fayetteville, Arkansas public schools. She sues
as a citizen, a taxpayer, a teacher of biology, and a parent.

   (p)   Charles Bowlus is an Assistant Professor the Depart-
ment of History of the University of Arkansas at Little Rock. He
resides in Little Rock, Arkansas. He is the father and Next
Friend of Cordelia Ann, and Christopher Felix, minors, both of
whom are students in public schools in defendant Pulaski County
 

-5-

 

special School District in Pulaski County, Arkansas. He sues as
a citizen, a taxpayer, a parent, and on behalf of his minor
children.

   (q)   Lon Schultz is the father and Next Friend of Andrea
Schultz, a minor, who will be a student in the public schools in
Cederville, Arkansas during the 1981 academic year. He resides
in Cederville, Arkansas. He sues as a citizen, a taxpayer, a
parent, and on behalf of his minor daughter.

   (r)   Arkansas Education Association is a not for profit
corporation organized under the laws of Arkansas. It is located
in Little Rock, Arkansas. It represents 18,000 public secondary
and, primary school teachers and other employees of public
schools in Arkansas, including biology teachers and other
teachers who teach subjects that might be covered by the
Creationism Act. It sues on its own behalf and on behalf of its
members.

   (s)   The National Association of Biology Teachers, Inc., is
a nationwide organization of biology teachers chartered as a
non-profit corporation under the laws of Illinois. Its member-
ship includes teachers of biology in public and private secondary
schools and colleges, including secondary public schools in
Arkansas. Evolution is usually taught in secondary schools as
part of the biology curriculum. Biology teacher and the
Association thus have a vital interest in all laws affecting the
biology curriculum. The Association has adopted the position
that Creationism is not a science and has no scientific basis or
merit. The Association sues on its own behalf and on behalf of
its members.
 

-6-

 

   (t)   E. E. Hudson is Associate Professor of Biological
Sciences at Arkansas Technical University. He resides in
Russellville, Arkansas. He sues as a citizen and taxpayer.

   (u)   Mike Wilson is an attorney at law, and is a duly
elected member of the House of the Arkansas Legislature, where
he voted against enactment of the Creationism Act. He resides
in Jacksonville, Arkansas. He sues as a citizen, and taxpayer.

   (v)   The American Jewish Committee is a national organization
of Jews founded in 1906, with members in Arkansas. Its principal
address is 165 East 56th Street, New York, New York, 10022. It
strongly supports separation of church and state. It sues on
its own behalf and on behalf of its members.

   (w)   National Coalition For Public Education and Religious
Liberty (National PEARL), Is a coalition of religious, educational,
charitable and other organizations, all of which believe in
separation of church and state. Its principal address is
Suite 613, 1201 Sixteenth Street, N.W., Washington, D.C., 20036.
National PEARL and its participating organizations have members
in Arkansas.
 

-7-

 
IV. DEFENDANTS

 

7. Defendants are:

   (a)   Defendant State of Arkansas has by its legislature and
Governor enacted the Creationism Act.

   (b)   Defendant State of Arkansas Board of Education (here-
after, the "Board") is established and functions pursuant to the
laws of Arkansas. The Board appoints the Director of the Arkansas
Department of Education (hereafter "ADE"), and exercises general
supervisory authority over the ADZ. Arkansas law provides that
the Director of the ADE and the Board shall manage the purchase
and distribution. of textbooks (Ark. Stats. Ann. §80-1701 through
1737), and that they appoint state textbook and Instructional
materials selecting committees.

   (c)   Defendants Wayne Hartsfield, Mrs. James W. Chesnutt,
Barry A. Raines, Walter Turnbow, Jim Dupree, Dr. Harry T. McDonald,
Robert Newton, Alice L. Preston, and T. C. Cogbill, Jr., are sued
in their official capacities as members of the Board.

   (d)   Defendant Don R. Roberts is sued in his official capacity
as the Director and chief administrative officer of the ADE, with
responsibility to administer its day to day affairs.

   (e)   Defendant State Textbook and Instructional Materials
Selecting Committee (hereafter the "Textbook Committee") has been
established by the ADE and is responsible for approving biology
and other textbooks for purchase by the State of Arkansas for use
the public schools. Its activities are supervised by defendant
Roberts, who appoints its members.

   (f)   Defendant Pulaski County Special School District is a
Public school district created by and operating pursuant to state
law in Pulaski County, Arkansas. It has the largest enrollment
of students of any school district In the State of Arkansas.
 

-8-

 

Pursuant to state law, it is managed by its Board of Directors,

   (g)   Defendants Shirley Lowery, Bob Stender, Bob Moore,
Don Hindman, R. M. Faulkner, Mike Ballard and Bob Teague, are
sued in their official capacities as members at the Board of
Directors of defendant Pulaski County Special School District.

   (h)   Defendant Thomas E. Hardin is sued in his official
capacity as the Superintendent and chief administrative officer
of the Pulaski County Special School District.

8.   At all times relevant herein, each, defendant acted and
continues to act under color of state law, custom or usage.
 

-9-

 
V.   FIRST CAUSE OF ACTION

 

9.   On or about March 18, 1981, the General Assembly of the
State of Arkansas enacted, and on March 19, 1981, the Governor
signed, the Creationism Act, a copy of which is attached hereto
and incorporated herein.

10.   The Creationism Act defines two subjects, which it labels
"creation-science" and "evolution-science" The Act does not
require that either be taught, but provides that if either is
taught, there must be "balanced treatment" of the other in all
public secondary and elementary schools (hereafter, "public
schools"). The Creationism Act authorizes implementation of its
provisions immediately and requires implementation of its pro-
visions during the school year beginning in the Fall of 1982. On
information and belief, relying upon the Creationism Act, some
public schools will begin teaching "creation-science" immediately
and, under compulsion of the Act, some public schools will teach
"creation-science" during the 1982 school year.

11.   The Creationism Act purports to make "Legislative Findings of
Fact.". However, the legislature did not engage in any fact-
finding process, and no testimony or evidence of any kind was
presented to the legislature in support of any of the alleged
findings of fact. To the contrary, the entire legislative process
was hasty and ill-considered:

(a)   the Senate hold no hearings whatsoever;

(b)   the House hold only a perfunctory 15 minute
        hearing at which some opponents of the pro-
        posed enactment were not permitted to testify;
 

-10-

 

(c)   there were no legislative studies or reports;

(d)   there was no legislative consultation with
        defendant ADZ, or its Director, concerning
        the scientific or educational merits of the
        Creationism Act, and, on information and be-
        Life, defendant ADE and its Director do not
        believe the Creationism Act has any scientific
        or educational merit.

12.   The Creationism Act was not drafted by any Arkansas legis-
lator or legislative employee. To the contrary, it was conceived
and drafted by employees of "Creationism" organizations, who
subscribe to a "fundamentalist" religious belief that the universe
energy and life were all created suddenly by a Divine Creator,
as described in Genesis. These same "Creationism" organizations
produce and sell for profit "Creationism" textbooks and materials,
and would therefore profit financially from the passage and imple-
mentation of the Creationism Act. In furtherance of these reli-
gious and financial objectives, these "Creationism" organizations
are vigorously promoting legislation virtually identical to the
Creationism Act in many other states.

13.   The Creationism Act is the latest attempt in a long-standing
pattern and practice of the State of Arkansas to promote religion
in its public, schools, to establish a particular religious dogma,
and to disparage science when it is deemed to conflict with or be
antagonistic to that religious dogma.
 

-11-

 

14.   In 1929, for example, Arkansas enacted Arkansas Statutes
Annotated §§80-1627 and 1628 which. made it unlawful and criminal
for any public school or university teacher "to teach the theory
or doctrine that mankind ascended or descended from a lower order
at animals," and unlawful and criminal. to select or use textbooks
or materials mentioning the theory of evolution. In 1968, the
United States Supreme Court ruled that the Arkansas anti-evolution
statute was "an attempt to blot out a particular theory because
of its supposed conflict with the Biblical account, literally-
read," and therefore "plainly" constituted an establishment of
religion, in violation of the First and Fourteenth Amendments.
Epperson v. Arkansas, 393 U.S. 97, 109 (1968). The Creationism
Act is directly inconsistent with the principles established in
Epperson.

15.   The Creationism Act, like the Arkansas statute held unconsti-
tutional in Epperson, supra at 98 and 108, is the "product of the
upsurge of 'fundamentalist' religious fervor," and "that fundamentalist
sectarian conviction was and is the law's reason for existence."

16.   The words "creation" and creation-science," as used in the
Creationism Act, constitute religious doctrine. They embody and
reflect particular religious beliefs not shared by adherents of
latter religious beliefs, or by those who hold no religious
beliefs,

17.   'Creation," as used in the Creationism Act, necessarily
encompasses the concept of a supernatural Creator. "Creation-
 

-12-

 

science," is used in the Creationism Act, necessarily encompasses
the concept of a supernatural Creator.

18.   The concept of a supernatural Creator is itself an inherently
religious belief. "Creation-science" cannot be taught without
reference to that religious belief in a Creator. The writings,
textbooks and materials of proponents of Creationism consistently
acknowledge that the concepts of "Creation" and of a Divine
Creator are inextricably intertwined.

19.   The so-called "creation-science" defined in the Creationism
Act is not science. Any scientific statement must be subject to
disproof. Because Creationism posits or concludes a supernatural
Creator and supernatural processes, it is not subject to disproof.
The writings, textbooks and materials of proponents of Creationism
consistently so acknowledge.

20.   The Creationism Act constitutes an establishment of religion
in violation of the First and Fourteenth Amendments to the
Constitution of the United States. The Creationism Act does not
have a secular legislative purpose. Its principal and primary
affect is to advance religion. It fosters excessive government
entanglement with religion, and creates the potential for
Political divisiveness along religious lines.

21.   Declaratory and injunctive relief are necessary because
plaintiffs have no adequate remedy at law.
 

-13-

 

SECOND CAUSE OF ACTION

22.   Plaintiffs repeat and reallege paragraphs 1 through 21 hereof.

23.   The Creationism Act abridges the constitutionally protected
academic freedom rights of both teachers and students.

24.   The Creationism Act requires the plaintiff teachers and
other teachers to teach as science a doctrine which they, as
professionals, believe has no scientific basis or merit. And by
requiring "balanced treatment" of "creation-science" and
"evolution-science", it prohibits the plaintiff teachers and
other teachers from expressing, and students from learning, the
teachers' professional opinions concerning the relative scientific
strengths or weaknesses of either.

25.   On information and belief, in order to avoid having to teach
"creation-science," a substantial number of teachers will refrain
from teaching "evolution-science" as well, thereby depriving
their students of the constitutionally protected right to
acquire useful knowledge.

THIRD CAUSE OF ACTION

26.   Plaintiffs repeat and reallege paragraphs I through 25 hereof.

27.   The Creationism Act is unconstitutionally vague. Although
the Creationism Act affects sensitive First Amendment rights, it
is not narrowly tailored to achieve a compelling governmental
interest in the least restrictive manner, its provisions are
internally inconsistent, it does not give teachers fair notice of
 

-14-

 

what can or cannot be taught, and it gives to school officials
virtually unfettered discretion arbitrarily and capriciously to
enforce its provisions.

   WHEREFORE, Plaintiffs respectfully request:

   1.   An order declaring the Creationism Act unconsti-
         tutional in violation of the First and Fourteenth
         Amendments to the Constitution of the United-States;

   2.   An injunction prohibiting defendants and their
         agents, successors, and employees, from taking
         any steps to implement the Creationism Act, in-
         cluding the promulgation of any rules or regula-
         tions incident thereto, or the approval, selec-
         tion, purchase or use of any "Creationism" text-
         books or materials;

   3.   An order granting plaintiffs costs and reasonable
         attorneys, fees; and

   4.   Such other and further relief as to the Court
         seems just and proper.
 

-15-

 

                    Yours'. etc.
 
 
May 27, 1981
 
 
 
        [Signed]
_____________________   ........................
Bruce J. Ennis, Jr.                Robert M. Cearley, Jr.
 
               Cearley, Gitchel, Mitchell
               and Bryant, P.A.
               1014 West 3rd
               Little Rock, Arkansas 72201
               (501) 378-7870
 
        [Signed]
_____________________
Jack D. Novik

American Civil Liberties Union
     Foundation
132 West 43rd Street
New York, New York 10036
(212) 944-9800
 
                              ........................
                              Philip E. Kaplan
                              Kaplan, Brewer and
                              Bilheime , P.A.
                              Tower Building, Suite 955
                              Fourth and Center Streets
                              Little Rock, Arkansas 72201
                              (501) 372-0400
 
                              Cooperating attorneys for the
                              Arkansas Civil Liberties Union
                              Box 2832
                              Little Rock, Arkansas 72203
                              (501) 374-2660
 
 

Attorneys for Plaintiffs

 
 
Of - Counsel:
 
   Gary Crawford
   Peggy L. Kerr
   Nathan Z. Dershowitz
 
-16-

 


Joint Stipulation of Fact

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

REV. BILL MCLEAN, ET AL.                                                      PLAINTIFFS

VS.                               NO. LR-C-81-322

STATE OF ARKANSAS, ET AL.                                                  DEFENDANTS

JOINT STIPULATION OF FACT

A. TEXTBOOK SELECTION PROCESS IN ARKANSAS
      1. Textbook selection in Arkansas is carried on within
the framework of Ark. Stat. Ann. §S80-1704 through 1717.
Generally, that law requires that the State Department of
Education (herein Department) select a committee of nine
persons in each academic area in which textbooks and other
instructional materials are being selected. Committee
members must have five years teaching or supervisory expe­-
rience with three years teaching or supervisory experience
in the areas in which they are serving. Committee members
make recommendations to the Board of the Department which is
responsible for adopting, modifying or rejecting the
recommendations of the committees.. The adoption process is
accomplished in five year cycles, with the adopted lists be
effective throughout the five year period. There are statutory
provisions for supplementing the lists during the five year
cycle.
 
      2. There are separate committees in each subject area
for grades K-8 and 9-12. The last-adoptions in science were
in 1979 and the next science adoption committee will be
selected in 1984. In 1977 the Department devised and
published a document entitled "Science Guidelines for
Arkansas-Secondary Schools." Among the biology concepts
included in that document are:
 

-1-

 
            Evolution, the causes and changes in population
            gene pools and how a biologist studies relationships
            among organisms and their ancestors as evidence
            supporting the theory of evolution. (p7)

            How the principle of population genetics can be
            used to explain the evolution of adaptions and
            of new groups of organisms. (p7)

The biology concepts contained no reference to creation or
creation-science. The earth science concepts include:

            The history of the planet earth as shown in
            evolutionary changes and radioactive dating. (p9)

            An awareness of the enormity and complexity of
            space. (p9)

            The theory of plate tectonics and continental
            drift as they relate to other concepts. (p9)

      3. Once the list submitted by the committee is approved
it is distributed to each school district in Arkansas, which then
undertakes it own selection process. Each school
district makes its own decisions with regard to the selection
of a text, but it may receive state funds for the purchase
of texts or instructional materials, only if that text or
material appears on the lists of adopted texts and materials.

      4. Each of the-twenty biology texts currently on
the 1979 state approved list contains references to evolution. A
list of those texts and the references in them to evolution
are attached to this Stipulation as Exhibit 1. Only five of
the approved texts contain references to creation. Copies
of each of the references to creation within those texts are
attached to this Stipulation as Exhibit 2.

      5. The process for adding materials to the approved
list requires that five school districts petition the
Director of the Department to have materials added to the
list. The Director then appoints a committee of three
specialists in the area in which the materials are sought to
be added, to make recommendations to the Board regarding
inclusion of the additional material on the approved list.
 

-2-

 
      6. The Department has not taken any steps to review
creation-science materials for possible inclusion on the
approved list. There have not been requests from sufficient
districts to require the Director to appoint a committee to
study the addition of creation-science materials to the
approved lists. The Creation Science Research Center has
submitted several works to the State Department of Education
for review, although the authorities at the Department have
undertaken no comprehensive review. No other publisher has
contacted the Department with regard to submitting materials
on creation-science.

      7. The Department has taken the position that Act 590
does not require it to make a selection by March 15, 1981
with regard to teaching materials to implement the requirements
of Act 590. The Director has not appointed any committee to
review creation-science materials for inclusion on the
approved lists.

B. MANDATED SUBJECTS FOR INCLUSION IN CURRICULUM

      1. Arkansas law provides that all schools shall teach
"such subjects as may be designated by the State Board of
Education or required by law." Ark. Stat. Ann. S80-160
(Repl. 1980).

      2. The following courses are the only courses required
by law to be taught in Arkansas Schools, either for each
school district to maintain accreditation or by statute:

            a. American History
            b. Arkansas History and Government
            c. Physical Education
            d. 4 units of English
            e. 3 units of Mathematics
            f. 3 units of Social Studies
            g. 2 units of Science
            h. 3 units of Practical Arts
 

-3-

 
      3. The following information is the only information
required by statute to be taught in all Arkansas schools:

            a. The effects of alcohol and narcotics on
               the human body;
            b. Conservation of national resources;
            c. Bird Week;
            d. Fire prevention; and
            e. Flag etiquette.

C.      LEGISLATIVE HISTORY

      1. Act 590 was introduced in the Arkansas General
Assembly by Senator James L. Hoisted on February 24, 1981
when it was read for the-first and second times. The bill
was immediately referred to the Senate Judiciary Committee.

      2. Senator Hoisted was and is a member of the Senate
Judiciary Committee. The Senate Judiciary Committee met on
March 3, 1981 to consider Senate Bill 482 and recommended
that the bill receive a, "do pass." No witnesses appeared
before the Senate Judiciary Committee on March 3rd either
for or against the bill.

      3. On March 12, 1981, the bill was brought up in the
Senate for consideration on its third and final reading.
After minimal debate (lasting only a few minutes), there
were only two votes against the bill and twenty-two votes in
favor of the bill. On the same date Senate Bill 482 was
transmitted to the House of Representatives.

      4. The bill was read in the House for the first time
on March 12th and for the second time on March 13th.
The bill was referred to the House Education Committee and on
Friday, March 13 the committee met for thirty minutes prior
to the beginning of the regular session of the House at
10:00 o'clock. Only two bills were under consideration by
the Education Committee that day and Senate Bill 482 was
considered second. There was approximately fifteen minutes
 

-4-

 
left before the House was to go into session when debate
began on Senate Bill 482. The first speaker was Larry
Fisher, a science and mathematics teacher from Jacksonville
High School in Pulaski County, Arkansas who spoke in favor
of Senate Bill 482. State Representative Michael Wilson
spoke against the bill for the same length of time.

      5. The acting Chairman of the Education Committee
requested a vote on whether to recommend the bill as, "do
pass" and on a voice vote the acting Chairman ruled that the
Motion had passed. One of the members of the Committee
requested that a role call be taken and that request was
refused. There was no discussion of the bill-in committee.

      6. On Tuesday, March 17, 1981 the bill was brought up
for a third and final reading in the House of Representatives.
The bill was passed by a vote of sixty-nine in favor and
eighteen opposed and was transmitted to the Governor's
Office on March 18, 1981, the same day that the Legislature
adjourned sine die. Governor Frank White signed the bill on
March 19, 1981.
 
                        Respectfully submitted,

                        Bruce J. Ennis, Jr.
                        Jack D. Novik
                        American Civil Liberties Union
                        132. West 43rd Street
                        New York, New York 10036

                        Philip E. Kaplan
                        Kaplan, Hollingsworth, Brewer
                            and Bilheimer, P.A.
                        Suite 955, Tower Building Little Rock, Arkansas 72201

                        and

                        Cearley, Gitchel, Mitchell
                            and Roachell
                        1014 West Third Street P.O. Box 1510
                        Little Rock, Arkansas 72203

                BY:____________________________
                        Robert M. Cearley, Jr.

                        Attorneys for Plaintiffs Attorney General for the
                        State of Arkansas

                BY:____________________________
                        Attorneys for Defendants