McLean v. Arkansas Documentation Project
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. §§80-1704 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:
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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.
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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
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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
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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
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