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 Home > News > Story

Published - Friday, May 09, 2008

POST COMMENT | READ COMMENTS (19 comment(s))

Superintendent saw long odds on religious art lawsuit

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Tomah Superintendent Bob Fasbender said there was less than a “50-50 chance” that the school district would prevail in a lawsuit over a classroom policy that bans religious art.

A Thursday hearing before a U.S. District federal judge in Madison was cancelled after Tomah High School art teacher Julie Millin’s grading policy that said “art work that has any violence, blood, sexual connotations, religious belief will not be accepted” was amended. The suit was brought by the Alliance Defense Fund on behalf of a high school art student who received a zero for including a cross and a Biblical reference in a landscape drawing assignment. The student also tore the policy in front of Millin and other students, which drew two 20-minute detentions.

“Rather than continuing a fight we didn’t feel we had a reasonable chance of winning, we decided to be pro-active,” Fasbender said.

The student sought full academic credit for the drawing and the removal of the detentions from his academic record.

“I’m confident we’ll get all the remaining issues worked out,” said Lori Lubinsky, an attorney representing the school district. “The principal relief they were seeking was the policy, and that policy has been changed.”

Fasbender said the student is likely to get an “A” for the quarter and was allowed to do extra credit to make up for the zero he got on the assignment. He said the detentions have already been served and won’t have any impact on his ability to enter college or get a job. All student disciplinary records are confidential and aren’t part of any document that a college or employer is allowed to see.

“Any discipline a student receives isn’t a public record,” Fasbender said. “The only reason anyone knows about the detention is because they released it.”

Fasbender defended Millin and the art department.

“We still believe that students have to follow the directions of their teachers,” Fasbender said. “The assignment was a landscape — draw the landscape. You don’t draw John 3:16 in the clouds.”

The case received national publicity, especially in conservative media outlets. Some Tomah School Board members were called at their homes, and Fasbender said the district has gotten “300 to 400 e-mails” concerning the dispute. Fasbender described

See Lawsuit, page 8A
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Re Renee wrote on May 11, 2008 3:57 PM:

" I've seen hundreds of landscapes with horses in them but no floating verses. If the kid is seeing floating verses, he has some kind of medical problem and should be treated....oh, that's right, cults don't use doctors, they "pray" people will be brought back to life after their stupidity..... "

Re Renee wrote on May 11, 2008 12:59 PM:

" Doesn't lanscape by definition have restrictions? Wouldn't all the examples of landscape paintings have laid the groundwork along with classroom rules? "

Renee Sullivan wrote on May 11, 2008 8:53 AM:

" I was always under the impression that art was a form of expression, and how a person perceived the world around him/her. If he
would have drawn a horse instead of the landscape, then yes, fail him. He drew the landscape as he sees it. If he drew it as his teacher saw it...it wouldnt be art. "

WOW wrote on May 11, 2008 8:33 AM:

" See, this did open a "CAN OF WORMS".....you are either a Nazi for supporting the teacher and for rules/policies to be followed and thinking this was frivolous and the student was wrong OR you are a cult member....what next?? "

rere to to loser wrote on May 10, 2008 7:48 AM:

" So now anyone who dares to support the teachers and speak against the clut is a nazi.I do see the patternj I espceted to see. You don't have a dead lady in your bathroom do you? "

Say what wrote on May 9, 2008 9:27 PM:

" Not a Nazi, just a parent that made my kids behave, do their homework and follow the rules while in school. I take it you are raising your children to be non-conformists. Does this mean you tell them to stand in class when their supposed to sit and run down the halls yelling and screaming instead of walking? Or do you think they just don't need an education, because the State requires children under 16 to attend school? If you want your kids to be non-confomists, home school your kids, and start your own religous cult! "

Re Nazi wrote on May 9, 2008 9:18 PM:

" Well, tell your kid then to be a non conformist then. Don't follow any of the rules. You missed the point entirely....typical "christian" attitude, that's WHY I DON'T PARTICIPATE in organized religion!!! "

To To To Re Loser wrote on May 9, 2008 7:48 PM:

" What so nazi about that?? Following directions?? Something "wrong" with a bird house as a chapel?? You have to be creative also, not be beligerent. "

To To Re Loser wrote on May 9, 2008 4:31 PM:

" You sound like you would have made a good Nazi. Follow orders. Conform. Don't question authority. Lucky for everyone, this student does not share your beliefs, and the policy is now changed. "

RE This is stupid wrote on May 9, 2008 4:22 PM:

" I don't know if you've noticed, but schools and government in general determine everyone's rights all the time.

There are all kinds of rules at the school that limit a person's freedom, i.e. dress code policies, making them stay in class while it's in session, not talking during lectures, all kinds of rules that limit their ability to "express" themselves.

Students do have the same rights as everyone else in the US, they have the right to follow the rules or be subject to punishment.

I doubt you all were so up in arms when the government went in and arrested all those polygamists out west, even though all they were doing was trying to express their brand of religious beliefs. You just don't like it when someone says or does something against YOUR beliefs. Perhaps you should grab a dictionary and look up the word "hypocrite."

I really think the school needs a few nice Muslim, Buddhist, Taoist or some other cultural students or exchange students to share their beliefs and see just how far your desire to allow all religious expression goes. "

REre loser wrote on May 9, 2008 3:13 PM:

" I would hope if he chose to put a cross on a bird house, we wouldn't be having this discussion. Following directions and respecting those in authority are all that is required of any student. "

re loser wrote on May 9, 2008 1:00 PM:

" the student wouldn't have built a cross instead, but a bird house with a cross on it. "

this is stupid wrote on May 9, 2008 11:47 AM:

" The whole thing seems dumb to me. That a teacher can determine the students rights. That is bogus!! Students should have the same rights they have in school and out of school.....like the rest of the U.S. population. Furthermore, if they are trying to stop kids from portraying their religious beliefs to others then they would have to ban all clothing from the school also, such as t-shirts from church retreats, tatoos, ect. "

To re smarty wrote on May 9, 2008 8:59 AM:

" See 4:11pm post "

Re smarty wrote on May 8, 2008 4:34 PM:

" duh.........those pictures that you mention were not done in the same art class! Thus, no, they do not have anything to do with the landscape assignment. Too bad AP and his family swayed public opinion with falsehoods- how unchristain like. "

To Loser wrote on May 8, 2008 4:11 PM:

" Obviously you are wrong. If you were correct, why would Fasbender say the odds were long on the school winning the lawsuit? Also, why did the teacher say she would grade it if he took it home? If he truly wasn't following instructions, what difference would it make if it was hung up or taken home? The schools policy was unconstitutional. It is now changed. Savvy? "

Smarty wrote on May 8, 2008 3:39 PM:

" Um, I don't know if you have seen the drawings submitted by a couple of other students, but they featured huge portraits of demonic-type figures, with no landscape ANYWHERE. "

loser wrote on May 8, 2008 2:28 PM:

" The student has every oppotunity to share his "faith' in the building.What he did was not follow classroom instructions.Instructions like "build a bird house" but he decides to build a cross. "

Which is it wrote on May 8, 2008 2:16 PM:

" There was less than a 50/50 chance the school district would prevail? But, the student should have just "followed directions"? Which is it? If the policy was wrong, someone had to stand up and be heard to get it changed. Is the superintendent suggesting students just accept injutice without question? What kind of lesson is that? Kudos to the student. "


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