Text of Louisiana Balanced Treatment for Creation-Science and Evolution-Science Act
Text of the Louisiana "Balanced Treatment for Creation-Science and Evolution-Science Act,"[1] held by the United States Supreme Court to be unconstitutional as contrary to the Establishment Clause of the First Amendment in Edwards v. Aguillard, 482 U.S. 578, 107 S. Ct. 2573; 96 L. Ed. 2d 510 (1987)
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§286.1. Short title
This Subpart shall be known as the "Balanced Treatment for Creation-Science and Evolution-Science Act."
Added by Acts 1981, No. 685, §1.
§286.2. Purpose
This Subpart is enacted for the purposes of protecting academic freedom.
Added by Acts 1981, No. 685, §1.
§286.3. Definitions
As used in this Subpart, unless otherwise clearly indicated, these terms have the following meanings:
(1) "Balanced treatment" means providing whatever information and instruction in both creation and evolution models the classroom teacher determines is necessary and appropriate to provide insight into both theories in view of the textbooks and other instructional materials available for use in his classroom.
(2) "Creation-science" means the scientific evidences for creation and inferences from those scientific evidences.
(3) "Evolution-science" means the scientific evidences for evolution and inferences from those scientific evidences.
(4) "Public schools" mean public secondary and elementary schools.
Added by Acts 1981, No. 685, §1.
§286.4. Authorization for balanced treatment; requirement for nondiscrimination
A. Commencing with the 1982-1983 school year, public schools within this state shall give balanced treatment to creation-science and to evolution-science. Balanced treatment of these two models shall be given in classroom lectures taken as a whole for each course, in textbook materials taken as a whole for each course, in library materials taken as a whole for the sciences and taken as a whole for the humanities, and in other educational programs in public schools, to the extent that such lectures, textbooks, library materials, or educational programs deal in any way with the subject of the origin of man, life, the earth, or the universe. When creation or evolution is taught, each shall be taught as a theory, rather than as proven scientific fact.
B. Public schools within this state and their personnel shall not discriminate by reducing a grade of a student or by singling out and publicly criticizing any student who demonstrates a satisfactory understanding of both evolution-science or creation-science and who accepts or rejects either model in whole or part.
C. No teacher in public elementary or secondary school or instructor in any state-supported university in Louisiana, who chooses to be a creation-scientist or to teach scientific data which points to creationism shall, for that reason, be discriminated against in any way by any school board, college board, or administrator.
Added by Acts 1981, No. 685, §1.
§286.5. Clarifications
This Subpart does not require any instruction in the subject of origins but simply permits instruction in both scientific models (of evolution-science and creation-science) if public schools choose to teach either. This Subpart does not require each individual textbook or library book to give balanced treatment to the models of evolution-science and creation-science; it does not require any school books to be discarded. This Subpart does not require each individual classroom lecture in a course to give such balanced treatment but simply permits the lectures as a whole to give balanced treatment; it permits some lectures to present evolution-science and other lectures to present creation-science.
Added by Acts 1981, No. 685, §1.
§286.6. Funding of inservice training and materials acquisition
Any public school that elects to present any model of origins shall use existing teacher inservice training funds to prepare teachers of public school courses presenting any model of origins to give balanced treatment to the creation-science model and the evolution-science model. Existing library acquisition funds shall be used to purchase nonreligious library books as are necessary to give balanced treatment to the creation-science model and the evolution-science model.
Added by Acts 1981, No. 685, §1.
§286.7. Curriculum development
A. Each city and parish school board shall develop and provide to each public school classroom teacher in the system a curriculum guide on presentation of creation-science.
B. The governor shall designate seven creation-scientists who shall provide resource services in the development of curriculum guides to any city or parish school board upon request. Each such creation-scientist shall be designated from among the full-time faculty members teaching in any college and university in Louisiana. These creation-scientists shall serve at the pleasure of the governor and without compensation.
Added by Acts 1981, No. 685, §1.