ACLU Launches Online Tool To Report Religious Teaching In Public Schools

On Friday, the American Civil Liberties Union of West Virginia launched an online tool for residents to report religious content being taught in public schools.

A new law that took effect in June could expand how West Virginia teachers respond to questions on the origin of life.

But the state’s American Civil Liberties Union (ACLU) chapter worries this could encroach upon students’ religious freedoms. With a new school year beginning for most West Virginia students this month, the organization has launched a new online tool for students, parents and guardians to report religious content being taught in public school classrooms.

Earlier this year, the West Virginia Legislature passed Senate Bill 280, which states that school and government officials cannot prohibit teachers “from responding to student inquiries or answering questions from students about scientific theories of how the universe and/ or life came to exist.”

An earlier draft of the bill explicitly sought to give teachers permission to “teach intelligent design as a theory.” Intelligent design theory states that life was created by a higher power, which overlaps with Christian belief in the existence of God.

But in a Friday press release, the ACLU of West Virginia said the initial draft of the bill was in conflict with a 2005 ruling from Kitzmiller v. Dover Area School District, which found that intelligent design was not rooted in science. The ruling declared the theory could not be taught in public school classrooms because it therefore violated students’ constitutional right to religious freedom.

Any reference to intelligence design was struck from the bill’s final version. But the ACLU said this makes the purpose behind the new law, as well as its potential applications, hazy.

“It’s entirely unclear what exactly the final version of this bill seeks to permit, because it was already lawful for teachers to answer questions about scientific theories,” ACLU Legal Director Aubrey Sparks said in the press release. “What is clear, however, is the constitutional right to freedom of religion. The state may not push specific religious viewpoints onto students, period.”

Sparks said that the ACLU worries teachers might think the law grants them freedom to portray their religious views as science during class. This concern led the ACLU to launch the new online tool, where residents can report their concerns to the organization’s legal team.

The legal team will monitor the situation and review all submissions as the school year continues, Sparks said.

To access the new online tool, visit the American Civil Liberties Union of West Virginia website.

ACLU Receives Documents Regarding Recent Treatment Of BLM Protesters In Martinsburg

The American Civil Liberties Union of West Virginia received documents from the City of Martinsburg Friday afternoon — all related to treatment of Black Lives Matter protesters in late May

The ACLU-WV filed a freedom of information act request more than a month ago, and having not received the documents within the legally mandated time frame, filed a lawsuit earlier Friday. The documents arrived thereafter. 

The ACLU-WV filed a lawsuit against the city of Martinsburg in Berkeley County Circuit Court because city officials had notresponded to a public records request submitted more than 50 days ago, according to an ACLU spokesperson. 

Within about an hour of filing the lawsuit, the City agreed to provide the requested documents. The ACLU-WV said they received documents late Friday afternoon related to police treatment of 11 protesters. 

The organization required such records as bodycam and dashcam footage from Martinsburg Police officers involved in the arrest of 11 Black Lives Matter protesters on May 30 and 31. The request asks for names and badge numbers, official procedures when interacting with protesters, and use-of-force policies. 

The request was submitted by the ACLU-WV on behalf of the Berkeley County Unity Coalition, a newly formed group of civil and human rights organizations, educators and faith leaders. 

The group said the 11 arrested protesters were forced to sit in jail with excessively high bails amid a health pandemic, and that officers used excessive force and escalated tensions.  

The ACLU-WV said they aren’t prepared to dismiss their lawsuit until the documents are reviewed.   

The Martinsburg Police Department did not immediately respond for comment.

In an emailed statement from Kin Sayre, Martinsburg’s city attorney, he states the City of Martinsburg replied to the ACLU-WV’s FOIA on Jun. 23, 2020 acknowledging the request and indicating “the City would need time to assemble the data.” 

Sayre also noted “the City has not been served on the lawsuit.”

ACLU, Teachers Challenging Kanawha Social Media Proposal

The local branches of the American Civil Liberties Union and the American Federation of Teachers are opposing the Kanawha County school board’s proposed social media policy over its rules on monitoring communications.

Jeff Martin, interim executive director of the ACLU of West Virginia, says parts of the policy seem to indicate the school system would claim the right to review information on personal devices brought onto school property, even if those devices aren’t logged into the district’s network.

The Charleston Gazette-Mail reports the social media policy is posted online for public comment until Aug. 29.

District General Counsel Jim Withrow says the policy would maintain limits on when phones could be searched and what could be searched on them.

The social media policy covers text messages and emails, in addition to sites like Facebook and Twitter.

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