1 A (Continuing) trying to slip something by them,

2 trying to make them believe that I believe this or that I

3 accept this.

4 I think they would see through this. I believe it would

5 have a great effect on my credibility as a teacher because

6 they do put a great deal of stock in our professionalism

7 and our ability.

8 And I think they do openly admit that they think that we

9 really know what's best for them in the educational

10 system. If we don't, I don't know who does. I think they

11 admit this readily.

12 I think my credibility would be greatly questioned or

13 destroyed to some degree if I try to implement this in and

14 not be partial. They would see through it.

15 Q Section 5 of Act 590, Mr. Coward, says, "This Act

16 does not require any instruction in the subject of

17 origins, but simply requires instruction in both

18 scientific models (of evolution science and creation

19 science) if public schools choose to teach either."

20 In your courses on biology and psychology, what effect

21 would exercising that option not to teach anything about

22 origins have?

23 A Well, there again, I think that the concepts and the

24 theory of evolution and natural selection, including

25 origins, I think is really the cornerstone of biology,


1 A (Continuing) particularly in biology.

2 I think without being able to teach the evolutionary

3 theory, if I was forced to abandon it because of this, I

4 think without teaching it that my students would be

5 definitely unprepared for future college work.

6 About fifty to sixty percent of our student body does

7 attend college, according to our records. On the other

8 hand, a lot of these students, this would be the last

9 science course that they will ever have. This is the last

10 shot, really, of giving them some type of a scientific

11 background or working knowledge or understanding of how

12 science is and what it is and so forth.

13 I think by being forced to give up the teaching of

14 evolutionary theory by not being able to balance or by

15 choosing not to balance, my students would have scattered

16 fragments of scientific information, but there would be no

17 cohesive force that brings this, or cohesive substance

18 that brings this information together where it

19 collectively can be interpreted and have a significant

20 meaning to it.

21 Q Are there any other constraints on your methods of

22 teaching or the manner in which you present your subjects

23 to your students that are similar to those imposed by Act

24 590?

25 A Certainly not. The only restraints that a teacher


1 A (Continuing) might find themselves being influenced

2 by would be if they, more or less, over extend themselves,

3 perhaps, in a given subject area.

4 There again, we have to use our professional judgment,

5 professional ethics to decide what is pertinent and

6 relevant to our students. But there are no restraints

7 that are handed down by the school district by which I am

8 employed; no restraints from the administration within

9 the particular building which I work.

10 We have pretty well free rein as long as we do not abuse

11 that freedom.

12 Q What statements do you make in your teaching of the

13 theory of evolution or mutation or natural selection that

14 deals in any way with the existence or non-existence of a

15 creator?

16 A There again, this is not a science concept. It is a

17 religious concept, and therefore, the subject of a creator

18 does not normally come up in my classroom. I do not deal

19 with that.

20 Q Do you believe yourself, Mr. Coward, in divine

21 creation?

22 A I'm open minded on the matter. I'm not firmly

23 convinced of that, no.

24 Q Has your teaching or knowledge of the subjects of

25 biology and psychology and botany destroyed your religious


1 Q (Continuing) convictions?

2 A Absolutely not. To me religion is apart from

3 science. It is metaphysical where scientific is strictly

4 based on physical understanding of laws of nature and

5 interpretation of those laws.

6 Q You serve with the Pulaski County Special School

7 District pursuant to a written contract, do you not?

8 A That is correct.

9 Q Is that renewed automatically from year to year

10 unless you get fired or quit?

11 A Not exactly automatically. I think each employee's

12 work production for that particular year is analyzed

13 again, but more or less you could say it is automatic for

14 general purposes, unless they have reasons to the contrary.

15 Q If Act 590 is implemented, Mr. Coward, do you have

16 the option to continue to teach biology the way you've

17 always taught it?

18 A Certainly not.

19 Q Why not?

20 A Well, there again, there is a great deal of

21 confusion, I think, that's centered around the interpre-

22 tation of what we are supposed to do or what we can do.

23 I am told, according to Act 590, that I must teach

24 scientific evidences of which I have none. I'm also told

25 that I cannot cite or quote or instruct in any religious


1 A (Continuing) materials or doctrines.

2 That leaves me with absolutely nothing to present to my

3 students from my point of view as a science educator,

4 which, to me, looks like if I cannot balance Act 590 in

5 order to comply with the law, then I've got to abolish the

6 teaching of evolution, which, to me, is the very heart of

7 biology to begin with.

8 Q Do you know how you will comply with Act 590?

9 A I've given it a great deal of thought. Of course,

10 it doesn't go into effect until another school year. By

11 nature, I'm very much inclined not to comply with Act 590.

12 I do not want to appear to be a revolutionary or a

13 martyr or anything of this nature, but as a science

14 educator I think I know what science is. I think I know

15 what professionalism and ethics are. I think I realize my

16 obligations to my students. If I don't, I wouldn't have

17 been in this business this long, that's for sure.

18 MR. CEARLEY: That's all I have, your Honor.

19 Your Honor, I now have in my hand the documents that

20 were furnished yesterday pursuant to the subpoena. They

21 have not been copied, and I don't know if anyone has even

22 examined them, but I will tender them to the Court.

23 THE COURT: Okay. Set them up here, please, sir.

24 MR. CEARLEY: (Handing documents to the Court.)






3 Q May I look at that textbook just a moment?

4 A Certainly.

5 Q How did you say this came into your possession?

6 A The committee on which I serve for the Pulaski

7 County Special School District, Mr. Larry Fisher was

8 asked, since he provided the resolution to the district in

9 the beginning, he was asked to provide us with some

10 materials from the creation science publishers. This was

11 one of the textbooks which he provided.

12 Q And who did you say was the publisher of this book?

13 A I believe it's Zondervan, I believe.

14 Q Do you know with whom that might be affiliated?

15 A No, I do not.

16 Q Do you know if it's affiliated with the Institute

17 for Creation Research?

18 A Not for certain, I do not, no.

19 Q Or with any other creation research society?

20 A No, I do not.

21 Q You served on the Pulaski County committee to review

22 materials for creation science, is that correct?

23 A That's correct.

24 Q Materials that you reviewed were those that were

25 furnished to you, correct?


1 A That's correct.

2 Q Did you make any independent effort to obtain other

3 materials?

4 A I did not.

5 Q Why didn't you?

6 A On the first committee on which, on the first

7 meeting of that committee, there was not enough materials

8 available for us to make a fair appraisal. The committee

9 as a group requested from Mr. Fisher at that time, since

10 he seemed to have the availability of the materials to

11 himself , he was asked at that time if he would provide us

12 with more materials at the next meeting, and which, I

13 understand, he was to do and did so.

14 I did not make an independent search of my own.

15 Q Do you participate in the selection of textbooks for

16 the county?

17 A I have on two occasions.

18 Q Do you have any judgment as to the validity or the

19 currency of those textbooks, how current they remain in

20 terms of what is happening in science today?

21 A I imagine what is happening this morning has changed

22 science considerably, but I imagine by the time something

23 becomes relevant in the field of science, it probably is

24 in the course of maybe three to five years before it

25 actually appears in high school textbooks.


1 Q When you go to select a textbook for use in your

2 classroom, what sort of steps do you follow in terms of

3 selecting that text?

4 A As a member of the committee?

5 Q As a member of the committee or individually?

6 A We are interested, of course, first in the format of

7 the textbook. Most, again, there will have the same

8 general arrangement, phylogenetic arrangement from simple

9 to complex organisms.

10 We are interested, obviously, in the reading level of

11 the book trying to make it appropriate for the level of

12 students which will be using it. We are interested also

13 in the types of illustrations, the vividness of the book.

14 There is a lot to say for the book being attractive,

15 obviously. The students find it much more appealing and

16 easy to read if they are turned on by it, in a sense, has

17 a lot of eye appeal.

18 And of course, one of the things I am most concerned

19 with is the scientific content of it.

20 Q Do you consider yourself to be a scientist?

21 A That's a relative— Depends on who you are talking

22 with. I think my students consider me, probably, to be a

23 scientist. I don't profess to be a working scientist.

24 I'm a science educator because I chose to be, but I have

25 enough science background that some people may consider me


1 A (Continuing) to be one of sorts.

2 Q Do you not recall telling me in your deposition that

3 you were a scientist who had chosen to be a science

4 educator?

5 A That's right.

6 Q So to some degree, at least, you consider yourself

7 to be a scientist?

8 A To some degree, yes.

9 Q As you evaluate texts for use in your classroom, you

10 then evaluate them from a scientific aspect also, as well

11 as the other things you've already mentioned?

12 A Most definitely.

13 Q As you evaluate texts for use in your classroom, the

14 State, as I understand, had an approved or recommended

15 list of texts for biology, is that correct?

16 A That's correct.

17 Q Do you review all of those?

18 A No, I do not.

19 Q Why not?

20 A The time the textbook selection committee is formed

21 and we have our first meeting, by some fashion that's

22 unknown to me, the Pulaski County School District has

23 already narrowed the list down through their own

24 preliminary processes to normally five or six texts. Then

25 the committee of teachers selects from that group.


1 Q Did you say earlier in your direct testimony a few

2 moments ago that you know what science is?

3 A I think I do.

4 Q All right. Do you accept the recommendation of the

5 textbook committee as to what is science as is contained

6 in your books that you are recommended to use for your

7 classroom or do you make an independent judgment?

8 A Well, I think— We discuss the books. This meeting

9 is an all day type thing. We discusss the books. And

10 even though we do not all agree on which is the best book

11 for our particular students which we teach, I think we all

12 agree on what is science and which books really have the

13 most meat or substance to them.

14 Q But you accept the recommendation of the committee

15 as to which books to discuss rather than discussing all

16 that are on the recommended list, is that correct?

17 A That is correct.

18 Q So you are accepting someone else's recommendation

19 as to what is science, at least their judgment?

20 A Well, I have no choice but to select from the books

21 which are provided for me by, I assume, the school

22 district administration.

23 Q Since you served on that committee, and I assume the

24 committee's work is complete as to their recommendation on

25 the materials they reviewed for creation science, is that


1 Q (Continuing) correct? Has that committee completed

2 its work?

3 A Yes, it has.

4 Q Since that time, have you done any other review to

5 see if there are materials that support the creation

6 science explanation of origins?

7 A No, I have not.

8 Q Since the commencement of this litigation last May

9 and the proceedings that followed therefrom and the

10 publication of the State's witnesses, which I think was

11 about October 15th, the people that would be here to

12 testify on behalf of the State as scientists who would

13 advocate scientific evidence explaining a creation

14 explanation of origins, have you attempted to obtain

15 copies of any of their works or any of their publications?

16 A No, I have not.

17 Q Why not?

18 A I did not see the necessity for doing so.

19 Q Do you not have to enact or implement Act 590 next

20 school year if it's declared to be constitutional?

21 A I believe that's correct.

22 Q Are you not at a crossroads in trying to understand

23 how to do that?

24 A Yes, I am.

25 Q Would it not assist you, then, to look at these


1 Q (Continuing) materials to see if there is

2 scientific evidence or explanation for creation science?

3 A If it is enacted and upheld in this court, then I

4 will do so.

5 Q Have you already presumed it won't be enacted?

6 A No, I haven't.

7 Q Have you ever read any works by Doctor Russell

8 Ackerage?

9 A I'm not familiar with him, no.

10 Q Doctor Wayne Friar?

11 A No. I say that I haven't. Let me qualify that.

12 The materials that were presented to us on that committee

13 by Mr. Fisher, I'm not aware now of the particular titles

14 of these materials or who some of the authors were.

15 They could be incorporated in this group of materials

16 and my not know it. But I'm not personally—

17 Q You made no independent effort whatsoever?

18 A No, I have not.

19 Q In the science that you teach in your classrooms,

20 the textbooks that you've chosen, have you ever made any

21 inquiry into the validity of the concepts in that science

22 text?

23 A I don't think I've ever set out to make a particular

24 search to try to find out if these are valid concepts

25 because in any type of book that I use or reference that I


1 A (Continuing) use, I find the supporting evidence in

2 any book or film or type of material that I might use.

3 It's always supportive in its content.

4 Q Supportive of what? All that you believe to be

5 science?

6 A All of the book from which I teach. Other books

7 that I use as resource materials or outside readings are

8 always supportive of that text. I've never found anything

9 that was really to the contrary except maybe on a

10 particular point or something.

11 Q You've heard testimony in this courtroom during the

12 times that you've been here — I know you haven't been

13 here every day, but you've been here many days — the fact

14 that there is no absolute answer in science, there's no

15 final truth, there's a great deal of discussion and debate

16 about what is science; is that correct?

17 A There's not a great deal of debate about what is

18 science.

19 Q Well, concepts of science. Excuse me. Let me

20 narrow that a little bit.

21 About in biology, for instance, on the concept of

22 evolution from punctuated equilibrium to gradualism and

23 all those things. You've heard that debate?

24 A Yes, I've heard that debate.

25 Q As a science teacher, you have never taken the


1 Q (Continuing) textbook from which you teach and

2 inquired as to the authors, as to their academic training,

3 as to their professional training to try to determine

4 anything about them in terms of their merit or standing in

5 the scientific community? Have you ever done that?

6 A No, I have not.

7 Q Have you ever contacted the publisher of any of

8 those scientific texts which you use and ask him how they

9 collected or compiled the data that went into that text?

10 A No, I have not.

11 Q Is it an accepted concept in the scientific

12 community to, or in any — let's say the scientific

13 community — to use the concept of jury or peer review

14 articles that are going to be published for science?

15 In other words, circulate them among your peers and let

16 them evaluate as to its credibility or its—

17 A I think this is the way the scientific community

18 works, yes.

19 Q Do you do that in terms of texts, materials you use

20 to present in the classroom that you are going to present

21 to students in any way?

22 Do you jury the publications? Are you critical of them?

23 A I'm not sure exactly what you're asking me.

24 Q Okay. Let me— Do you take that textbook and in

25 any fashion look at it with a critical eye? That is, by


1 Q (Continuing) trying to get into the background, the

2 training, professional standing of its authors, its

3 contributors or its publishers before you elect to chose

4 it to teach as the source for your classroom instruction?

5 A No, I do not. I might add at this point, if I

6 might, that there again, as science educators, we cannot

7 possibly know the people or the backgrounds of people who

8 write, edit and publish scientific materials. But we

9 generally accept, within the teaching circles or teaching

10 community, we generally accept that the publishers, the

11 writers, the publishers and the editors of these

12 publishing houses are credible people.

13 We have to, more or less, rely upon their expertise

14 since we have no—

15 Q You rely on them as being credible people because

16 they publish the text that's generally accepted by the

17 community?

18 A No, sir. But they all have science proofreaders and

19 editors that edits this material before it's entered into

20 those textbooks.

21 Q Does science make any assumptions?

22 A A scientist might make a given assumption on a

23 particular point.

24 Q Could it be assumptions contained in the material

25 that you are teaching to your students today in the


1 Q (Continuing) science textbooks you are using?

2 A On a particular point, there could be an assumption,

3 but assumptions do not become part of the scientific body

4 of knowledge, though.

5 I might use an assumption on a given experiment. `Well,

6 let's assume that this were to happen.' The assumption

7 does not become part of that body of information we

8 recognize as scientific knowledge.

9 Q Then it would be your testimony that in the text

10 material, in the textbook that you use in your classroom,

11 there are no assumptions in that material? Those

12 assumptions have been proven valid?

13 A I didn't say there were not any assumptions. I said

14 there might be an assumption on a particular minute point.

15 Q Minute point?

16 A But there are not any assumptions, I don't think, on

17 the overall scope of what might come into this body of

18 knowledge.

19 Q Are those assumptions subject to prejudice?

20 A In most cases I would assume that they are not.

21 Q They are not?

22 A Most of them are scientific assumptions. I cannot

23 say that a scientist cannot be prejudiced because they are

24 human like anybody else.

25 But I think most of them are scientific assumptions


1 A (Continuing) based on a given amount of material or

2 data.

3 Q It's been several questions asked of you on how you

4 would explain various portions of Act 590. In your class-

5 room, how do you explain to a student who asks you, what

6 is the origin of first life'?

7 A I normally do not deal with the origin of first life

8 in my classroom. In the concept of the overall theory of

9 evolution, that really is not a necessary part. What I'm

10 concerned with on a high school level is what happens

11 following. Assume that the life is here, regardless of by

12 what means—

13 Q Let me interrupt you just a second. I'm sorry. You

14 said to the concept of evolution, the explanation of first

15 life is not a necessary part?

16 A Well, on a high school level, it's not necessary.

17 I'm sure that some of the Ph.D.'s that have testified here

18 earlier, that it's very necessary in their realm or scope

19 in which they work.

20 On a high school level, it is not necessary, I don't

21 think, for the student to understand the first concept of

22 origin of life.

23 If they ask me, I do make references to it.

24 Q What references do you make?

25 A I might cite the— The only scientific, really,


1 A (Continuing) references that we would have would be

2 the theory proposed by A. I. O'Parin in 1936 which was

3 followed by Stanley Miller's experiment in 1953 on trying

4 to create or synthesize materials in a laboratory, organic

5 materials such as DNA and sugars, amino acids.

6 Q What do you know about that theory? Is that a

7 hypotheses?

8 A O'Parin's was a hypothesis.

9 Q What was Doctor Miller's?

10 A An experiment.

11 Q Does that prove theory?

12 A I'm sorry?

13 Q Does that prove scientific theory, an experiment?

14 A No. It just simply gives credibility to the fact

15 that it is feasible.

16 Q That it is feasible?

17 A That it is feasible. This could have happened. It

18 certainly in no way explains the origin of life. Now,

19 that's really as far as I can go with my students at the

20 level I teach.

21 Q Are there any assumptions made in that experiment

22 that you know of?

23 A Not that I'm aware of, no.

24 Q Do you know how the experiment was conducted?

25 A Basically.


1 Q Please tell me that?

2 A Well, a number of compounds such as methane —

3 might not have the correct ones, but I believe methane,

4 perhaps ammonia, hydrogen, water vapor, maybe carbon

5 dioxide.

6 These compounds or these elements or compounds were used

7 or chosen because we understand these are the basic

8 ingredients of the earth's atmosphere at the time we think

9 first life was begun on earth.

10 Q Let me interrupt you again. You said "We

11 understand", "we think"—

12 A Well, science understands.

13 Q Who is "well? Who is "science"?

14 A Well, you are changing the question now?

15 Q Well, you said "we understand." You told me the

16 answer was science. Now, tell me who is "well and

17 "science" that understand these were the compounds in the

18 earth when first life was formed?

19 A There again, I'm not a scientific expert. I'm not

20 offering this as an expert.

21 Q Well, what is your understanding as a science

22 educator?

23 A I think people that work in the areas of

24 biochemistry and geophysics and so forth—

25 Q You have no personal understanding of that? You are


1 Q (Continuing) relying on someone else?

2 A They indicated to us this was the earth's condition

3 at the time.

4 Q Who is `they" that indicated to you?

5 A There again, the literature from which I read or

6 that I have to rely upon as a science educator, the people

7 that write this material, this is the indications that

8 comes from the millwork of the scientific community.

9 This is accepted among them. I have to rely on that. I

10 have no way of verifying this or testing this myself. As

11 a science teacher, I always have to rely on upon the

12 scientific community.

13 Q You cannot perform that experiment in your own

14 laboratory?

15 A I do not have the expertise to do so.

16 Q Could it be performed in a laboratory?

17 A Certainly. It could be performed any given day.

18 Q Are there any assumptions in that experiment?

19 A None that I'm aware of.

20 Q It is not an assumption to believe that at the time

21 first life was formed, whatever that date may be, that

22 those were the compounds that were found in the earth's

23 atmosphere?

24 A According to the scientific community, this is not

25 an assumption. Here again, I am not an expert on that


1 A (continuing) subject area.

2 Q You said, I think, a minute ago — I want to make

3 sure I understand this — that in a high school classroom,

4 a secondary classroom, it is not necessary to explain the

5 origin of first life to teach evolution. Is that what you

6 said?

7 A That's correct.

8 Q Under Act 590, it says you don't have to instruct in

9 origins, isn't that correct?

10 Read Section 5 with me, clarifications, sentence number

11 two. "This Act does not require any instruction in the

12 subject of origins." Is that correct?

13 A That's correct.

14 Q Did you testify earlier on direct that you can't

15 teach the theory of evolution because of the balanced

16 treatment required in creation science?

17 A That's correct.

18 Q Now, is the theory of evolution, in terms of the

19 theory of evolution, are you saying that the evolution

20 explanation of origin or first life can be deleted from

21 your classroom and not negatively impact on your students

22 at all?

23 A If I understand your question, I can delete the

24 teaching of origin in my classroom without losing the

25 validity of the concepts of the theory of evolution.


1 Q Then you can teach evolution?

2 A Not by the— Not according to the six guidelines

3 set down in Section 4.

4 Q Not according to the six guidelines—

5 A Only one of those, I believe, deals with origins.

6 The others deal with catastrophic floods, separate

7 ancestry of man and apes. I could not handle those in my

8 classroom even disregarding origins.

9 Q You said earlier that you consider yourself to be a

10 scientist who has chosen to be a science educator. When

11 was the last time when you, as a scientist, had any

12 scientific training?

13 A I think I would be correct in saying about 1968 or 9.

14 Q '68 or '69. Thirteen years? Twelve or thirteen

15 years is the last formal science training you've had?

16 A That's correct.

17 Q But you consider yourself competent to understand or

18 to evaluate what is science?

19 A That's correct. If I can't, then they need to find

20 somebody to replace me in my classroom.

21 Q I'm interested, Mr. Coward, I know you have a

22 B.S.E., a Bachelor of Science in Education? Correct?

23 Master's of Science in Education?

24 A That's correct.

25 Q In those disciplines you were taught science and


1 (Text Missing [TM]) Continuing) educational principles and techniques?

2 (TM) s correct.

3 (TM) you have any formal academic training in

4 (TM) y?

5 (TM) I do.

6 (TM) much?

7 (TM) approximately twenty-four hours, I would say

8 (TM) at the graduate level?

9 (TM)

10 (TM) undergraduate?

11 (TM) I take that back. Yes, I do have. Probably

12 (TM) it is at the graduate. I was thinking of

13 (TM) duate.

14 (TM) you define for me what is the scientific

15 (TM) You've talked about the body of science.

16 (TM) says, they say, we say. Is that the scientific

17 (TM) ty?

18 (TM) do you want it in specifics?

19 (TM) Yes. Is "they"— Are "they" the scientific

20 (TM) ty?

21 (TM) Well, when I say "they", I'm referring to the

22 (TM) fic community.

23 (TM) Now, tell me what that is?

24 (TM) The scientific community is made up of the men and

25 (TM) who work in the field of science each day. And


1 A (Continuing) their primary objective, of course, is

2 to perform experimentation to uncover data, to analyze

3 data and empirical qualities and quantities, and to

4 assimilate this information into working theories and

5 hypotheses, make it applicable to our daily lives.

6 Q Are you a part of that scientific community?

7 A No, I'm not.

8 Q What is your role in relation to that community in

9 teaching?

10 A As a science educator, I am a go-between, in a

11 sense, between the scientific community and my students.

12 My role is to, more or less, try to keep abreast of what

13 is going on within the scientific community, try to sift

14 through the abundance of data and information that is made

15 available through publications and new texts and so forth,

16 and try to sift through and sort through this material to

17 determine what is applicable to the particular students

18 that I have, what's applicable to their lives and what do

19 they need for basic understanding of science, and what do

20 those need that are preparing themselves to further

21 education, to college or what have you.

22 Now, this is my role, to sift through and decide what is

23 applicable to them, get it on a working level which is

24 understandable by them and can be used by them or utilized.

25 Q Would it be fair to characterize your role, then, as


1 Q (Continuing) that of sitting as a judge to (TM)

2 for your students what concepts in science they should

3 learn and acquire in order that they might prepare

4 themselves for their advance careers?

5 A Not exactly. I think the scientific community is

6 the judge of what is valid and what is not simply in a

7 sense there is so much of that information that I do have

8 to select or scrutinize the information.

9 Q Do you believe that life evolved from nonlife?

10 A I think it is feasible.

11 Q You think it's feasible. What's your basis for that

12 belief that it's feasible?

13 A Based on, there again, the study by Henry Miller

14 shows that it's a feasible process. It doesn't mean that

15 it occurred, but it's feasible.

16 Q Is there a scientific explanation for first life for

17 origin?

18 A No.

19 Q Is there confusion among the scientific community as

20 to the explanation of that in your judgment?

21 A Depends again on— "Confusion" there is a relative

22 word, too.

23 Q All right. Let me say it's a disagreement.

24 A I would say that there are probably people in the

25 scientific community who do not totally agree on that


1 Continuing) concept, yes.

2 (TM) re other areas in science where the

3 (TM) munity disagrees on biology concepts?

4 (TM) ry one.

5 (TM) ed equilibrium, gradualism being two?

6 (TM) y.

7 (TM) you realizing this disagreement in the

8 (TM) mmunity, have the responsibility and the

9 (TM) judge what concepts should be passed on to

10 (TM)

11 (TM) of the disagreements or each viewpoint of

12 (TM) ent still has scientific merit or scientific

13 (TM) en I feel that I should present both

14 (TM)

15 (TM) believe both of those have scientific merit?

16 (TM) nes are you speaking of?

17 (TM) ted equilibrium and gradualism.

18 (TM) they do. There again, I'm not expertise in

19 (TM) s

20 (TM) Mr. Coward, let's pretend I'm one of your

21 (TM) I'm going to ask you that question. What's

22 (TM)

23 (TM) id think they would both have a certain degree

24 (TM) ic validity. I'd have to do further research

25 (TM) ougn, before I could testify as to the validity


1 A (Continuing) of those.

2 Q what kind of research would you do before you would

3 tell me they do as a student?

4 A I would probably try to obtain some type of

5 publication by Doctor Gould would be one good source.

6 Q If you heard the testimony of a witness for the

7 State today or tomorrow, whenever we begin to put on our

8 case, that cited scientific evidence for creation explana-

9 tion of origin, would you do some independent research

10 there, too, and then explain that in your class?

11 A If I heard the evidence and I considered it to be

12 scientific, I would further investigate it, yes.

13 Q Well, now, wait a minute. Whose standard are we

14 judging science by now? Yours or that of the scientific

15 community?

16 A Well, the position I'm in, I have to be a judge, to

17 some degree as to what is science. If I—

18 Q Then you are a judge as to what concepts are passed

19 on?

20 A To some degree. I'm more or less like a traffic

21 cop; not a judge.

22 Q All right. More or less like a controller, a

23 coordinator? Will you take that?

24 A Director, yes.

25 Q A director. All right. You are a director when

information is passed on. As a director, do you think


1 Q (Continuing) it's fair to pass on information about

2 concepts in terms of evolution that deal with gradualism

3 and punctuated equilibrium; is that correct? I don't

4 want to say something you didn't say. Is that what you

5 said?

6 A Would you restate that?

7 Q As a director, you think it's proper to pass on

8 concepts, educational concepts, to your students in the

9 theory of evolution, gradualism and punctuated equilibrium?

10 Do you?

11 A If I find both are from the millwork of the

12 scientific community and both seem to have validity in my

13 judgment, I think it would be certainly within my power as

14 a director to present both viewpoints.

15 Q Are they from the millwork of the scientific

16 community?

17 A I believe they are.

18 Q Then they would be passed on?

19 A if that was within the scope of my course that I

20 teach, but it is not. But if I were teaching, perhaps, a—

21 Q In biology when you teach evolution, it's not within

22 the scope of the course to talk about gradualism and

23 punctuated equilibrium?

24 A There again, as the director, I have to keep the

25 work level of my course on the comprehensive level of the


1 A (Continuing) students which I teach.

2 This may or may not be beyond them. It would depend.

3 But I would use my judgment at that time. I think this is

4 probably a little bit, maybe, beyond the scope of high

5 school biology.

6 Q To expose them to the ideas beyond the scope of high

7 school biology?

8 A Perhaps.

9 Q To expose them to the idea that there may be another

10 explanation for first life or origin as based in creation

11 explanation is beyond the high school student's

12 competence, if there's scientific evidence?

13 I understand the burden is to prove that. But if there

14 is, as a director, is that beyond their scope and is

15 competence?

16 A Perhaps not.

17 Q Perhaps not?

18 A I'm not sure of an exact understanding of what

19 you're asking.

20 Q Okay. And yet as a scientist, you tell me you

21 haven't had any training for twelve or thirteen years, is

22 that right?

23 A That's correct.

24 Q No formal institutes, no formal—

25 MR. CEARLEY: Your Honor, I'd like to make it clear


1 MR. CEARLEY: (Continuing) to, the Court and to counsel

2 that Mr. Coward was offered as a witness as a science

3 teacher and not as a science expert. And he's not ever

4 been represented as such.

5 He's answered Mr. Clark's questions about how he

6 perceives himself.

7 MR. CLARK: Your Honor, I've never asked him—

8 THE COURT: Go ahead.

9 MR. CLARK: (Continuing)

10 Q I want to come back to something I asked you

11 earlier. You said in your search for materials that

12 explained a creation explanation of origin that you found

13 none that were presented to you that scientifically—

14 Excuse me.

15 I think you said you found no valid scientific publica-

16 tions, text materials that were valid within the

17 scientific community; is that correct? No established is

18 publishers, printers, those sorts of things, is that

19 correct?

20 A That is correct.

21 Q You also said you did not make much of an

22 independent effort on your own, but what you had seen, no

23 valid publisher would have done that or had done it, to

24 the best of your knowledge?

25 A That's correct.


1 Q I want to show you a textbook here.

2 MR. CLARK: Your Honor, I'd like to have this marked

3 for identification as Defendants' Exhibit, I believe, 4.

4 MR. CLARK: (Continuing)

5 Q That textbook is entitled The World of Biology, is

6 that correct?

7 A Yes, it is.

8 Q Who is it published by?

9 A McGraw Hill.

10 Q Is McGraw Hill a reputable publisher?

11 A Yes, they are.

12 Q Would you turn in that text to what would be

13 numbered, I believe, page 409? Have you found it, Mr.

14 Coward?

15 A Yes, I have.

16 Q Would you read the title of the chapter that starts

17 on page 409?

18 A "Evolutionary Theory and the Concept of Creationism."

19 Q Would you then turn to page 414?

20 A Yes.

21 Q On page 414 you see in bold print or type, the

22 second paragraph, actually, would you tell us what the

23 title is leading that paragraph? What does it say?

24 A Sub-topic is "Creationism."

25 Q Would you take just a minute to peruse the next two


1 Q (Continuing) or three pages and see if those

2 include some explanation of the creation model or creation,

3 theory for origins?

4 A They appear to, yes, sir.

5 Q Thank you, very much.

6 You indicated in your direct testimony, Mr. Coward, that

7 teachers — and I think you were speaking specifically, I

8 think you might have been, of science teachers know

9 what is current in the field; is that correct?

10 A It is part of the responsibility to attempt to keep

11 current, yes.

12 Q How do you do that?

13 A Through the reading of books, periodicals.

14 Q What periodicals? What books?

15 A In what particular area are you speaking of?

16 Q Biology.

17 A Some of the books on the subject such as Origins by

18 Richard Leakey, Dragons of Eden by Carl Sagan, Human

19 Fossil Remains, I don't recall the title of that one, this

20 type of thing.

21 Q What do you read regularly?

22 A I read a good deal— In biology, I assume, that you

23 are talking about?

24 Q Yes. Please.

25 A Most of my reading recently has been in psychology,


1 A (Continuing) but I am very much interested in

2 evolutionary theory and for that matter, the scope of

3 history of evolution.

4 Q But specifically, what have you read recently or do

5 you read regularly in terms of biology? Well, just take

6 evolutionary theory, your ongoing—

7 A I skim through current periodicals such as

8 Scientific American and National Geographic and these

9 type things.

10 Q You skim through those, you say?

11 A Well, read areas that might be of particular

12 interest to me. I'm not knowledgeable of all the

13 publications and all the articles that are written in the

14 field of science.

15 Q You testified on direct about the text called

16 Biology: A Search for Order in Complexity, and you

17 testified as to its general nature.

18 Did you read that entire text?

19 A Not cover to cover.

20 Q Did you read excerpts?

21 A I did a fair random sampling of the entire book,

22 yes, I did.

23 Q In your direct testimony, you admitted you have

24 some confusion about the implementation of Act 590 in

25 teaching in the classroom, is that right?


1 A That is correct.

2 Q You said that confusion surrounded the fact that you

3 found no scientific evidence to explain the creation

4 model, is that correct?

5 A That's part of the confusion, yes.

6 Q The second part of that confusion was that you were

7 specifically prohibited from using religious materials, is

8 that correct?

9 A That's correct.

10 Q Would it be fair to say, Mr. Coward, that if there

11 were scientific evidence offered to you that you can

12 comply with Act 590 without problem?

13 A If the scientific evidence comes from the scientific

14 community and is recognized to be science by authorities

15 in the field.

16 Q Now, you define the scientific community as what?

17 A It's the group of men and women in the field who

18 dedicate their lives to field and laboratory work,

19 investigation and analyses of data, and produce theories

20 and hypotheses from that information. This is their

21 livelihood.

22 Q So if the state presents witnesses who have Ph.D.

23 education and academic training, publications, and they

24 are from the scientific community, in the sense that they

25 do experiment, publication, evaluation, propose hypotheses


1 Q (Continuing) and those sorts of things, are they in

2 the scientific community, and that testimony supports

3 creation explanation?

4 A I'm not sure that I could answer that. I'm not in

5 the scientific community, so I'm not sure how they are

6 accepted or—

7 Q Well, if you are not in it, how do you recognize it?

8 A Through all the publications with which I am

9 familiar.

10 Q Well, which publications tell you what is the

11 scientific community?

12 A There are a number of scientific publications that

13 come from the millwork of the community.

14 THE COURT: Mr. Clark, how much longer are you going

15 to be?

16 MR. CLARK: About another fifteen, twenty minutes,

17 your Honor.

18 THE COURT: Why don't we take a recess until 11:00

19 o'clock.

20 (Thereupon, Court was in

21 recess from 10:45 a.m. until

22 11:00 a.m.)





1 MR. CLARK: Your Honor, I don't think I moved for

2 the admission of Defendants' Exhibit Number 4, The World

3 of Biology, portions of The World of Biology, and I would

4 Like to move their submission now.

5 THE COURT: It will be received.

6 MR. CLARK: (Continuing)

7 Q Mr. Coward, you testified on your direct about the

8 impact of Act 590 on you as a teacher and your students

9 What is your belief of academic freedom as a teacher?

10 A I believe it is the freedom of students in a given

11 class or given discipline to pursue information or

12 knowledge within that discipline.

13 Q You've given me a definition of academic freedom for

14 students? Is that what you just gave me?

15 A That's basically correct, yes.

16 Q And I'm sorry. I was asking for a definition of

17 academic freedom for a teacher, but I will start with the

18 student.

19 So would you restate that for me so I will make sure I

20 heard everything you said?

21 A I think it allows students to pursue available

22 information or knowledge in a particular discipline or

23 academic area.

24 Q Would you give me that definition for a teacher,

25 definition of academic freedom?


1 A Well, as I understand how it would apply to a

2 teacher?

3 Q Yes, that's what I mean.

4 A I would assume that it allows a teacher who is the

5 professional or supposedly is the expertise in that given

6 area, it allows that teacher to decide what is

7 academically sound basing their choices on what to teach

8 and what not to teach.

9 Q Are there any restrictions or limits on that

10 academic freedom of that teacher as it applies as you

11 defined it?

12 A I do not know of any mandated limits that are set by

13 anyone such as school boards or administrators.

14 Q The principal can't set some fixed limit on that?

15 A No.

16 Q The superintendent cannot set any fixed limit on

17 that?

18 A No.

19 Q The school board cannot set a fixed limit on that?

20 A Not within a given class.

21 Q Not within a given class?

22 A No.

23 Q Can they in some other circumstance?

24 A They have, obviously, they have a say-so in course

25 offerings. I'm not sure that would come under the head of

academic freedom. In fact, as I understand it, the State


1 A (Continuing) of Arkansas does this.

2 Q Would in course offerings but not in a specific

3 course, is that correct?

4 A That's true.

5 Q Can the Education Department for the State of

6 Arkansas place any limits or restrictions on that academic

7 freedom?

8 A They can set guidelines, course guidelines for

9 graduation purposes, but there are no guidelines set for

10 courses within a particular subject area.

11 Q They cannot within a particular subject area?

12 A Not to my knowledge.

13 Q Can the State of Arkansas do that through its

14 legislative body?

15 A I know of no circumstance other than this particular

16 one.

17 Q Did you tell me in your deposition that academic

18 freedom can be limited in some subjects like sex education?

19 A No, I did not.

20 Q You did not?

21 A Not exactly in that context.

22 Q Do you remember what you did tell me?

23 A Yes, I do.

24 Q What was that?

25 A I said that academic freedom does not, or school


1 (TM) ng) districts or what have you cannot

2 (TM) s say, the discussion of sex education in a

3 (TM) oom, certainly in a biology or human

4 (TM) ssroom.

5 (TM) a teacher might receive reprimand is where

6 (TM) more or less, overextends themself

7 (TM) y, maybe does too good a job of teaching,

8 (TM) it.

9 (TM) s overextension? Personally, I don't think I

10 (TM) hat.

11 (TM) let's say maybe becoming a little bit too

12 (TM) this particular area. It could bring recourse

13 (TM) mmunity or the administration.

14 (TM) teacher overextend or become too explicit in

15 (TM) area and, therefore, require limitation?

16 (TM) opose they could.

17 (TM) you give me an example?

18 (TM) istory teacher, for example, might, let's say,

19 (TM) t the communist form of government is a superior

20 (TM) overnment to the democratic system.

21 (TM) eaching what communism is and teaching it as a

22 (TM) ay of life is two different things. I think a

23 (TM) might very well overextend themselves there.

24 (TM) w, I'm trying to make these things fit, Mr. Coward.

25 (TM) d me that in terms of academic freedom to teach


1 Q (Continuing) course matter, that there weren't any

2 restrictions that could be imposed by the principal, by

3 the superintendent, by the school board, by the Education

4 Department, by the State through its legislative body,

5 period; is that correct?

6 A No restrictions that say you cannot teach this

7 subject area, that particular part of the subject. There

8 are no restrictions that say you cannot teach sex

9 education or you cannot teach about communism. But as a

10 professional, I have to be very careful not to overextend

11 myself when I do teach those areas.

12 Q But as a professional, if you taught, for instance,

13 using your example, that communism was a superior form of

14 government to the democratic process, it would be over-

15 extension and a violation of academic freedom?

16 A No, not a violation of academic freedom, but would

17 be a violation of professional ethics—

18 Q Professional ethics?

19 A —as an educator.

20 Q Is it a violation of academic freedom or

21 professional ethics to teach a creation explanation of

22 origin?

23 A I'm sorry. Restate that.

24 Q Is it a violation of academic freedom or

25 professional ethics to teach a creation explanation of


1 Q (Continuing) origin?

2 A I think it is, yes.

3 Q Is a violation of which or both?

4 A I think it is a violation of academic freedom?

5 Q Why?

6 A Because it is mandated by a governmental body.

7 Q Well, now—

8 A A governmental body is telling you what you will do

9 or will not do within a given classroom.

10 Q Let's take my question and back up a little bit.

11 Instead of using Act 590 at this point, which, as we know,

12 is obviously in litigation, today, assuming the void or

13 (TM) nce of Act 590, is it a violation of academic freedom

14 to teach a creation explanation of origin in the classroom?

15 A I'm not sure that I can say. I understand that we

16 have people that are doing it.

17 Q Is that a violation of academic freedom, in your

18 judgment?

19 THE COURT: Wait. Whose academic freedom? The

20 student's?

21 MR. CLARK: I think it's the teacher we are talking

22 about here, your Honor.

23 THE COURT: Are you saying it is a violation of the

24 teacher's academic freedom for the teachers to teach

25 creationism in the classroom?


1 MR. CLARK: I understand the Court's confusion, and

2 I share that. What I'm trying to find out from Mr.

3 Coward, your Honor, is in his definition of academic

4 freedom, he has indicated there are some limits, at least

5 with ethics or academic freedom or a mixture of the two.

6 Now, I'm trying to find out that if I, as a teacher, or

7 someone else, as a teacher, wants to advocate a creation

8 explanation of origin, is that inconsistent with what is

9 academic freedom by his terms.

10 THE COURT: I understand that question.

11 THE WITNESS: Well, I'm still confused on it.

12 MR. CLARK: I'm sorry I'm not helping, Mr. Coward.

13 I'm not trying to make this difficult. I'm just trying—

14 THE COURT: I assume if somebody tries to keep a

15 teacher from teaching creationism, is that a violation of

16 the teacher's academic freedom?

17 MR. CLARK: Yes, sir.

18 THE COURT: For example, the school board?

19 MR. CLARK: Principal, superintendent.

20 THE WITNESS: They say that a teacher cannot teach

21 academic freedom or cannot teach Act 590?

22 MR. CLARK: Yes.

23 THE WITNESS: I assume not. I don't know. I

24 haven't thought about that.

25 MR. CLARK: (Continuing)

Q You assume not. You assume it is not a violation of


Page is missing


1 A (Continuing) what new discoveries come from the

2 millwork or framework of the scientific community, and

3 deciding if these discoveries or theories have enough

4 validity that I can present it to my students and support

5 that viewpoint.

5 Q Does academic freedom place any restraints on your

7 ability to decide what is good science or bad science?

8 A I do not believe it does.

9 Q So you are the sole arbiter of that question?

10 A I guess that more or less comes with the job, yes.

11 Q Did you testify on direct that in pursuance of this

12 academic freedom we've just talked about that you decide

13 what is good science and bad science based on your

14 students' ability to learn, their career goals, and you

15 may havve given one or two other things?

16 A I don't necessarily decide what is good science and

17 bad science. I decide— From the science that I use, I

18 decide what is — it's kind of like better and best —

19 what is the best information that we have available at the

20 time and if it is a reliable source and that the

21 information can be supported or substantiated by other

22 people within that scientific framework, then I assume it

23 is good science.

24 Then I select what is relevant to the lives and to the

25 futures of my students.


1 Q Go back and tell me again what is academic freedom

2 to a student?

3 A I think it is the ability of that student to,

4 allowing that student to pursue an area of information or

5 knowledge within a given discipline.

6 Q Are you, by your own definition, in terms of

7 academic freedom and the way you apply it in choosing

8 science to be taught in your classroom, denying your own

9 students academic freedom by virtue of precluding some

10 ideas that could be discussed in your classroom?

11 A I don't believe so. I think it is part of my role

12 to sift through and decide what is relevant to them.

13 Q Do you see a conflict between those two?

14 A Not really. There is a wealth of information that

15 comes from the scientific community that could be passed

16 on to the students . It's certainly not conceivable that

17 this could be done within the scope of even the entire

18 four years of high school, much less within the one

19 particular subject area.

20 Q But if academic freedom for students— Is it a

21 privilege or a right, in your judgment?

22 A I haven't given that thought. Maybe both.

23 Q If it's a privilege or a right, is it a privilege or

24 right to pursue the available information in a discipline?

25 A Of that particular discipline.


1 Q Is there any absolute to that, in your judgment?

2 A I wouldn't say anything is absolute.

3 Q Okay. As absolute as something can be?

4 A Perhaps so.

5 Q And yet you are telling me and you've told this

6 Court that you tempered or in some way modified that based

7 on what is your best judgment as to what science should be

8 taught based on their level, ability and those sorts of

9 things and available concepts that you think have validity

10 in science?

11 A It's part of my job description. That's what I'm

12 hired for. That's why I acquired a background in order to

13 be able to do so.

14 Q You testified on direct as to portions of the Act

15 and the definition in particular of creation science. You

16 testified under Section 4(a), you testified to 1, 5 and 6,

17 sudden creation of the universe, energy and life from

18 nothing, explanation of the earth's geology by

19 catastrophism, including the occurrence of a worldwide

20 flood; and a relatively recent inception of the earth and

21 living kinds.

22 Was it your testimony on direct that those were

23 religious?

24 A Yes, I believe they are.

25 Q Have you ever done any sort of scientific research


1 Q (Continuing) or made any effort as a scientist to

2 see if there is any validity in these?

3 A No, I have not. In fact, one of the basis of

4 science is you have to be able to test something, and that

5 doesn't fit that description.

6 Q in definition number 6, "A relatively recent

7 inception of the earth", what does that mean to you?

8 A Well, the time frame is not as important to me as

9 the fact that recent inception seems to indicate that it

10 all happens at one time. The time frame, I don't think,

11 even all the creationists agree on it, as I understand.

12 But from the literature I read, there again, it's around

13 ten thousand years.

14 Q Wait a minute. You said that it all happened at one

15 time?

16 A I believe this is the context of that.

17 Q Read 6 to me again, would you?

18 A "A relatively recent inception of the earth and

19 living kinds.',

20 Q Where do you get in those words the "concept it all

21 happened at one time"?

22 A Well, in the total context of Section 4, this is

23 what it's indicating. That particular thing there, of

24 course, would defy — that particular statement, number 6

25 — would defy most of the principles and understandings


1 A (Continuing) that we have, the theories involving

2 geology and geophysics.

3 There again, I have to rely upon those people to verify

4 whether or not that is a valid statement.

5 Q You testified on direct another problem you had with

6 Act 590 was, you didn't understand what "balanced

7 treatment"

8 was, is that correct?

9 A That's correct.

10 Q And it was your testimony that you figured you'd

11 have to spend about half your time on a counter or

12 alternative explanation that's based on a creation

13 explanation if you are going to give balanced treatment?

14 A That's correct.

15 Q And that is predicated on your personal judgment as

16 an educator?

17 A That's predicated on my interpretation of what

18 "balanced" or "even" means.

19 Q Have you ever thought about in terms of implementing

20 this act the concept of teaching the creation explanation

21 that might include a unit that would go two days or three

22 days or a week or two weeks?

23 A I guess it could be implemented. It would be

24 against my better judgment as an educator or as a person

25 with some science background.

Q Why is that?


1 A Because it is not science.

2 Q Well, I understand your disagreement with Act 590.

3 But assuming there is scientific evidence for 590, the

4 creation explanation of origin, and we are talking now

5 about the implementation which you say gives you pause,

6 problems.

7 As an educator now — let's rely on your education

8 aspect of your career, experience and formal training —

9 have you ever given a thought to the concept of teaching

10 the creation explanation in lectures of a two or three day

11 or a five day or a week or two week unit?

12 A You're assuming there is scientific evidence, which

13 there isn't.

14 Q I understand. I'd just like you to humor me and

15 make that assumption with me.

16 A Hypothetically you are speaking, right?

17 Q Yes.

18 A Hypothetically, I guess if there is scientific evidence

19 to support this, then I guess a person could put in a two

20 to three day unit on creationism. To me, that alone, does

21 not give it balance.

22 Q It does not?

23 A No, sir.

24 Q Why not?

25 A Because there are numerous references throughout the


1 A (Continuing) chapters. For example, numerous

2 references are made to, there again, ancestral inheritance

3 lines, blood lines or what have you, family trees and so

4 forth.

5 Q So an explanation of origin with— A creation

6 explanation of origin given in a unit that's taught and

7 the lectures as a whole does not balance if you don't do

8 it minute for minute, day for day, time for time?

9 A No, sir. As I understand— I believe it's Section

10 6— I'm sorry. Section 5.

11 Q If you are looking for the definition of balanced

12 treatment, go back to the front of the Act.

13 A No, sir. Section 5.

14 Q Okay. What about Section 5?

15 A I believe it's in 5. Somewhere within this it says

16 that each lecture does not have to be balanced; that each

17 textbook does not have to be balanced. But at some point

18 in here it does say that on a whole they must be.

19 That does not mean if I give an hour lecture today that

20 I have to divide it in thirty minutes between the two

21 models.

22 It means I give an hour lecture on the theory or the

23 concepts of evolution today, then at some point in time

24 I've got to give an hour one on creation science.

25 Q As an educator, are you familiar with the concept of