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Nilsen doesn't recall details...
Board members who support the change say students should learn about alternative theories to evolution.
Critics argue intelligent design is an attempt to get creationism and religion into the classroom.
HARRISBURG — Dover Area School District Supt. Richard Nilsen painted a picture of collaborative efforts leading up to a curriculum change but said he did not remember board members' specific comments about creationism.
Thursday, Nilsen was the first fact witness for the defense in the First Amendment lawsuit over a statement about intelligent design read to ninth-grade biology students.
In past weeks, plaintiffs' attorneys called witnesses who testified that Alan Bonsell and other board members talked about creationism and about balancing evolution with creationism in science class. The plaintiffs say the statement amounts to mandatory teaching of religion in public schools, which is prohibited by the Constitution.
Nilsen started by explaining that he didn't remember details about notes he wrote during board retreats in 2002 and 2003 during which Bonsell talked about creationism. Previous testimony indicated former board member Bill Buckingham made religious comments during board meetings before the board passed the intelligent design statement. Nilsen volunteered information that Buckingham was not at the 2003 retreat because he had knee problems and had been treated for abuse of the painkiller oxycontin at least once.
During questioning in U.S. Middle District Court by defense attorney Patrick Gillen, Nilsen explained he remembered information from his notes about pressing matters or for something he was interested in, such as updating policy or American history curriculum.
Nilsen testified that, leading up to the curriculum change, several small events occurred as the board discussed the need for new biology books.
He testified that at some point, Trudy Peterman, then high school principal, sent a memo to Asst. Supt. Michael Baksa, who was in charge of curriculum, saying board members wanted to give creationism equal time to evolution.
Nilsen said that she had trouble sending memos and that she blew things out of proportion so much that her job performance suffered.
In April 2004, Buckingham dropped off two DVDs and a book about alternative theories to evolution, which Nilsen said he passed along to Baksa for review.
At a June 2004 planning meeting, Buckingham said that the book "Biology," which the students used, was "laced with Darwinism," Nilsen said, corroborating previous testimony.
At a school board meeting later that month, Buckingham's wife, Charlotte, read extensively from the book of Genesis in the Bible, Nilsen said.
Nilsen said then-board president Bonsell didn't know where she was going with the reading, and he said he believed Bonsell allowed her to go on longer than usual, to see if she would make a point and out of respect for the fellow board member.
Nilsen testified that board members didn't mention creationism at meetings; however, he said, the public did.
As the school year approached, teachers were concerned about students having books, and Nilsen made an agreement with Buckingham.
At the Aug. 2, 2004, meeting, Buckingham wanted the district to agree to buy copies of "Of Pandas and People," but Nilsen said he couldn't recommend the book because teachers said it was outdated, had some faulty science and was at too high of a reading level.
As a compromise, Nilsen said, he told Buckingham he would work to make it a reference book. After some discussion about where the book could be placed in a room, Nilsen said, the faculty agreed.
Nilsen said three statements were proposed to address gaps in the theory of evolution. One mentions gaps in evolution and that other theories exist, a second included mention of intelligent design and "Of Pandas and People," and the third was a combination that included a note about origins of life not being taught.
The note was included, Nilsen testified, to protect the teachers from potential liability.
Nilsen consulted the district solicitor to see if he foresaw any legal problems with the book and the statement. Nilsen testified that the solicitor said there shouldn't be a problem, because there was no case law concerning the book or intelligent design.
Outside court, Bonsell declined to comment on Nilsen's testimony, saying he would be called to testify soon. Counsel for both sides also declined to comment.
Eugenie Scott, executive director of the National Science Center, said Nilsen's view of compromise was different than the teachers who accepted concessions in the hopes that the push for intelligent design would go away.
"It obviously is a different emphasis than the plaintiffs' argument, which is the teachers were trying to salvage the curriculum," Scott said. "Clearly this is not a subject matter they wanted to teach."
"Going along to get along — let's just try to put this behind us and teach the kids," Scott said.
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