Discovery Institute's "Model Bill":
http://www.academicfreedompetition.com/freedom.php |
MODEL ACADEMIC FREEDOM STATUTE ON EVOLUTION
[version: 9/7/2007]
SYNOPSIS: Existing law does not expressly provide a right nor does it expressly protect tenure and employment
for a public school teacher or teacher at an institution of higher education for presenting scientific information
pertaining to the full range of scientific views regarding biological and chemical evolution. In addition, students
are not expressly provided a right to positions on views regarding biological and chemical evolution.
This bill would expressly provide rights and protection for teachers concerning scientific presentations
on views regarding biological and chemical evolution and students concerning their positions on views
regarding biological and chemical evolution.
A BILL
TO BE ENTITLED
AN ACT
- Providing teacher rights and protection for a public school teacher or a teacher at an institution of higher
education to present scientific information pertaining to the full range of scientific views regarding biological
and chemical evolution in applicable curricula or in a course of learning; providing employment and tenure protection
and protection against discrimination for any public school teacher or teacher at a public institution of higher
education related to the presentation of such information; and providing student protection for subscribing to a
particular position on views regarding biological or chemical evolution.
- BE IT ENACTED BY ____________:
- Section 1. This law shall be known as the "Academic Freedom Act."
- Section 2. The Legislature finds that existing law does not expressly protect the right of teachers identified by
the United States Supreme Court in Edwards v. Aguillard to present scientific critiques of prevailing scientific
theories. The Legislature further finds that existing law does not expressly protect the right of students to hold a
position on views regarding biological or chemical evolution. The Legislature further finds that the topic of
evolution has generated intense controversy, lawsuits and threats of lawsuits, where some lower courts such as
Kitzmiller et al. v. Dover Area School Board, have created confusion about the rights of teachers and students to
hold differing views about scientific controversies and express those views without fear of adverse employment or
academic consequences. Finally, the Legislature finds that school districts and school administrators should not
bear the primary burden of defending the academic freedom of teachers and students to discuss the topics of
biological or chemical evolution. It is the intent of the Legislature that this act expressly protects those
rights.
- Section 3. Every K-12 public school teacher or teacher or instructor in any two-year or four-year public
institution of higher education, or in any graduate or adult program thereof, in the State of ______________,
shall have the affirmative right and freedom to present scientific information pertaining to the full range of
scientific views regarding biological and chemical evolution.
- Section 4. No K-12 public school teacher or teacher or instructor in any two-year or four-year public institution
of higher education, or in any graduate or adult program thereof, in the State of ___________, shall be terminated,
disciplined, denied tenure, or otherwise discriminated against for presenting scientific information pertaining to
the full range of scientific views regarding biological or chemical evolution in any curricula or course of learning,
provided, with respect to K-12 teachers, the [insert official title of state’s science standards] has been taught as
appropriate to the grade and subject assignment.
- Section 5. Students may be evaluated based upon their understanding of course materials, but no student in any
public school or institution of higher education shall be penalized in any way because he or she may subscribe to a
particular position on any views regarding biological or chemical evolution.
- Section 6. The rights and privileges contained in this act apply when the subject of biological or chemical
origins is part of the curriculum. Nothing in this act shall be construed as requiring or encouraging any change
in the state curriculum standards in K-12 public schools, nor shall any provision of this act be construed as
prescribing the curricular content of any course in any two-year or four-year public institution of higher education in
the state.
- Section 7. Nothing in this act shall be construed as promoting any religious doctrine, promoting discrimination for
or against a particular set of religious beliefs, or promoting discrimination for or against religion or non-religion.
- Section 8. This act shall become effective on the first day of the third month following its passage and approval
by the Governor, or its otherwise becoming law.
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SENATE JOINT MEMORIAL 9
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY Steve Komadina
Current Location: Died (API.)
|
A JOINT MEMORIAL
REQUESTING THAT THE PUBLIC EDUCATION DEPARTMENT ENSURE THAT
TEACHERS HAVE THE RIGHT AND FREEDOM TO TEACH BIOLOGICAL ORIGINS
OBJECTIVELY.
- WHEREAS, teaching some aspects of evolutionary theory
causes controversy; and
- WHEREAS, scientific theories of biological origins have
implications that can challenge or support the personal
religious or philosophical beliefs of students and their
parents; and
- WHEREAS, most parents favor allowing teachers to discuss
both the strengths and weaknesses of evolutionary theory when
biological origins are taught; and
- WHEREAS, many credentialed scientists challenge certain
aspects of evolutionary theory; and
- WHEREAS, existing state law does not expressly protect a
teacher's right to objectively present scientific critiques of
evolutionary theory; and
- WHEREAS, existing state law does not expressly assure
parents that their children will be objectively informed of
scientific information relevant to biological origins; and
- WHEREAS, existing state law does not adequately protect
the rights of students to subscribe to a particular position on
biological origins; and
- WHEREAS, the trust that parents place in public education
compels the legislature to take special interest in this area
of public education;
- NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that the public education department be
requested to ensure that when a theory of biological origins is
taught, public school teachers in New Mexico have the right and
freedom to objectively inform students of any scientific
information that is relevant to both the strengths and
weaknesses of that theory; and
- BE IT FURTHER RESOLVED that the public education
department be requested to ensure that teachers are not
reassigned, terminated, disciplined or otherwise discriminated
against for objectively informing students of scientific
information relevant to both the strengths and weaknesses of a
theory of biological origins; and
- BE IT FURTHER RESOLVED that the public education
department be requested to ensure that students are encouraged
to critically analyze scientific information and allowed the
right and freedom to reach their own conclusions about
biological origins; and
- BE IT FURTHER RESOLVED that the public education
department be requested to ensure that no student is penalized
in any way for subscribing to a particular position on
biological origins; and
- BE IT FURTHER RESOLVED that a copy of this memorial be
transmitted to the public education department for further
distribution to school districts.
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HOUSE BILL 506
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY W. C. "Dub" Williams
Current Location: Died (API.)
| AN ACT
RELATING TO PUBLIC EDUCATION; PROVIDING FOR SCHOOL SCIENCE CONTENT STANDARDS AND RULES REGARDING THE TEACHING OF THEORIES OF BIOLOGICAL ORIGINS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHING OF BIOLOGICAL ORIGINS.--
- A. The department shall adopt rules that:
- (1) give teachers the right and freedom, when a theory of biological origins is taught, to objectively inform
students of scientific information relevant to the strengths and weaknesses of that theory and protect teachers
from reassignment, termination, discipline or other discrimination for doing so; and
- (2) encourage students to critically analyze scientific information, give them the right and freedom to
reach their own conclusions about biological origins and provide that no student shall be penalized in any way because
the student subscribes to a particular position on biological origins.
- B. For purposes of this section:
- (1) "biological origins" means the origin, history and diversity of life and living organisms; and
- (2) "scientific information" means information derived from observation, experimentation and analyses regarding
various aspects of the material world conducted to determine the nature of or principles behind the aspects being
studied. "Scientific information" does not include information derived from religious or philosophical writings,
beliefs or doctrines. Scientific information may have religious or philosophical implications and still be scientific
in nature."
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SENATE BILL 433
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY Kent L. Cravens
Current Location: Died (API.)
|
AN ACT
RELATING TO PUBLIC EDUCATION; REQUIRING PUBLIC SCHOOLS TO ALLOW TEACHERS TO TEACH ALL RELEVANT SCIENTIFIC
INFORMATION WHEN TEACHING THEORIES OF BIOLOGICAL ORIGINS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHING OF BIOLOGICAL ORIGINS.--
- A. The department, school district governing authorities and school administrators shall not prohibit any teacher,
when biological evolution or chemical evolution is being taught in accordance with adopted standards and curricula,
from informing students about relevant scientific information regarding either the scientific strengths or scientific
weaknesses pertaining to biological evolution or chemical evolution. A teacher who chooses to provide such information
shall be protected from reassignment, termination, discipline or other discrimination for doing so.
- B. This section pertains solely to the teaching of scientific information and specifically does not protect the
promotion of any religion, religious doctrine or religious belief.
- C. Public school teachers may hold students accountable for knowing and understanding material taught in
accordance with adopted standards and curricula about biological evolution or chemical evolution, but they shall not
penalize a student in any way because that student subscribes to a particular position on biological evolution or
chemical evolution.
- D. For purposes of this section, "scientific information" means information derived from observation,
experimentation and analyses regarding various aspects of the natural world conducted to determine the nature of
or principles behind the aspects being studied. "Scientific information" does not include information derived from
religious or philosophical writings, beliefs or doctrines; provided, however, that "scientific information" may
have religious or philosophical implications and still be scientific in nature."
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Origins Education, a pro-Intelligent Design Website
SENATE BILL ___ HOUSE BILL ___
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
__________________ in the Senate and __________________ In the House
Draft 09/28/2010
(Taken down on Feb. 2nd, 2011, concurrent with introduction of HB0302)
|
AN ACT
RELATING TO PUBLIC EDUCATION; PROVIDING FOR PROTECTION OF TEACHERS
AND STUDENTS REGARDING THE TEACHING OF CONTROVERSIAL SCIENTIFIC TOPICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHING OF CONTROVERSIAL SCIENTIFIC TOPICS.--
- A. The New Mexico Public Education Department, school district
governing authorities,
and school district administrators shall not prohibit any teacher, when
a controversial topic in science is being taught in accordance with
adopted standards and curricula, from informing students about relevant
scientific information regarding either the scientific strengths or
scientific weaknesses pertaining to that topic. Controversial topics in
science include but are not limited to biological origins, biological
evolution, causes of climate change, and human cloning. A teacher who
chooses to provide such information shall be protected from
reassignment, termination, discipline or other discrimination for doing
so.
- B. This section only protects the teaching of scientific information
and specifically
does not protect the promotion of any religion, religious doctrine, or
religious belief.
- C. Public school teachers may hold students accountable for knowing and
understanding material taught in accordance with adopted standards and
curricula, but they shall not penalize a student in any way because that
student subscribes to a particular position on the controversial topic
in science being taught.
- D. For purposes of this section
"scientific information" means information derived from
observation, experimentation, and analyses regarding various aspects of
the natural world conducted to determine the nature of or principles
behind the aspects being studied. "Scientific information" is not
excluded from this definition simply because it coincides or harmonizes
with the tenets of some or all religious beliefs or doctrines. This
definition would exclude information tailored from religious writings,
beliefs or doctrines.
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HB 302
PROTECTION FROM CERTAIN SCIENTIFIC TOPICS
Sponsor: Thomas A. Anderson
2011 Regular Session
Current Location: House Education Committee
Actions: (Key to Abbreviations)
[10] HEC/HJC-HEC
|
AN ACT
RELATING TO PUBLIC EDUCATION; PROVIDING FOR PROTECTION OF TEACHERS AND STUDENTS REGARDING THE TEACHING OF
CONTROVERSIAL SCIENTIFIC TOPICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] TEACHING OF CONTROVERSIAL SCIENTIFIC TOPICS.--
- A. The department, school district governing authorities and school administrators shall not prohibit any teacher,
when a controversial scientific topic is being taught in accordance with adopted standards and curricula, from
informing students about relevant scientific information regarding either the scientific strengths or scientific
weaknesses pertaining to that topic. A teacher who chooses to provide such information shall be protected from
reassignment, termination, discipline or other discrimination for doing so.
- B. This section only protects the teaching of scientific information and specifically does not protect the
promotion of any religion, religious doctrine or religious belief.
- C. Public school teachers may hold students accountable for knowing and understanding material taught in accordance
with adopted standards and curricula, but public school teachers shall not penalize a student in any way because that
student subscribes to a particular position on the controversial scientific topic being taught.
- D. For purposes of this section:
- (1)"controversial scientific topic" includes biological origins, biological evolution, causes of climate
change, human cloning and other scientific topics that are often viewed by society as controversial; and
- (2) "scientific information" means information derived from observation, experimentation and analyses
regarding various aspects of the natural world conducted to determine the nature of or principles behind the aspects
being studied. "Scientific information" may include information that coincides or harmonizes with religious tenets,
but does not include information derived from religious writings, beliefs or doctrines."
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