The teacher, Stephen Williams, claims the district prevented him from using historical documents such as the Declaration of Independence because of their references to God and Christianity in his classroom.

Williams filed suit Nov. 22 in federal court against Stevens Creek Principal Patricia Vidmar, CUSD Superintendent William Bragg and all five CUSD board members. He is seeking a change in a school district policy that he believes is unconstitutional.

Williams has hired Attoney Terry Thompson through the Alliance Defense Fund. According to the organization's mission statement on its website: "The Alliance Defense Fund is a servant organization that provides the resources that will keep the door open for the spread of the Gospel through legal defense and advocacy of religious freedom, the sanctity of human life and traditional family values."

According to Bragg, the district does allow the historical documents as part of the fifth-grade curriculum. "We follow the standard and framework set up by the state," Bragg said.

The California State Board of Education, content standards for grade five social studies include:

"Students learn about the colonial government founded on Judeo-Christian principles, the Enlightenment and the English traditions of self-government."

And according to those standards, "[Students should be able to] describe the religious aspects of the earliest colonies."

However, Bragg explained that the district cannot comment on William's case because it is a personnel issue.

In a press release issued Nov. 29, the school district said, "The District disagrees [with Mr. Williams] and believes that well-established Constitutional principles relating to the separation of church and state must prevail." It also states that "the Declaration of Independence, the Constitution and other guiding historical documents are addressed in an age appropriate manner."

Williams, an eight year employee of the CUSD, retained Thompson after attempting to negotiate with the school district on his own.

The controversy began in Williams' fifth grade classroom last year following discussions about the phrase "under God" used in the Pledge of Allegiance and discussions about the faith of Christopher Columbus. Thompson maintains that on both occasions student questions sparked the discussions. He believes, however, that it was students' parents who alerted the principal to the classroom discussions.

Subsequently, Williams was also allegedly prevented from discussing Easter as a religious holiday.

Finally, last May Vidmar reportedly asked to see all of Williams' lesson plans and handouts before he used them in class. She then, according to Williams' attorney, rejected lesson plans and handouts involving God and religion. Thompson said other teachers at the school did not have to follow this policy.

According to Thompson, among the censored handouts were the Declaration of Independence and excerpts from George Washington's diary.

"It's like being asked to teach architecture without being allowed to talk about cathedrals," said Thompson. "It's hard to teach American history when you expunge Christianity," he said. "After all, this country was not founded by the Boston Agnostics Club."

Phyllis Vogel, an assistant superintendent with CUSD, said district staff members were unable to comment due to the pending lawsuit.

However, the CUSD press release did say, "When the facts surrounding this matter are shared in federal court, the district believes that all will conclude that the district has fulfilled its legal obligations to Mr. Williams and, most importantly, to the young children in his classroom."