The Freedom From Religion Foundation (FFRF) has issued a letter to a Colorado Springs charter school, accusing the school of violating the Constitution by teaching creationism as part of its 8th grade science curriculum.
“A concerned parent reports that James Irwin Charter Middle School is introducing creationism in its 8th grade science curriculum,” read the March 5 letter to Rob Daugherty, CEO of James Irwin Charter schools, which consists of six schools on four different campuses in Colorado Springs. “Per an email sent to parents by Donna Wagner, the ‘Science Lead’ at James Irwin Charter Middle School (JICMS): ‘During eighth grade year in our Evolution Unit, per the guidelines in the charter of our school, we teach Intelligent Design and evolution. We present a creationist theory and an evolutionist theory regarding natural selection, adaptation, and evolution.’”
According to the FFRF, a parent — who was quoted anonymously — raised concerns after receiving the email. “I feel like the public charter school is not trustworthy and I am now questioning the quality of my [child’s] education,” FFRF included in their letter. “I feel angry that religion is being forced on children and presented as science.”
FFRF argues that teaching creationism and intelligent design violates students’ First Amendment rights by treating those concepts as if they are a factual scientific theory while they are a religious belief based in Christianity. “A public charter school telling students that creationism is an accepted scientific theory on the same footing as evolution undoubtedly interferes with parents’ rights to determine their children’s religious or nonreligious education,” wrote FFRF. “Moreover, promoting creationism, intelligent design, or any of its offshoots in public schools is unlawful, because creationism is based solely on religion, not scientific fact. Courts have routinely found that such teachings are religious, despite many new and imaginative labels given to the alternatives.”
James Irwin has ties to conservative education lawyer Brad Miller, who has provided trainings and briefings for board members at James Irwin Charter Schools and serves an officer of the nonprofit backing the school, the James Irwin Educational Foundation. Last year, James Irwin was a signatory of the open letter to the Colorado High School Activities Association (CHSAA), making what they called “an urgent and resolute demand” that the organization “immediately adopt rules” to ban trans-identifying teens from participating in high school athletics in Colorado, and a plaintiff in the subsequent lawsuit.
James Irwin Charter Schools also employs former District 49 Board of Education member Jamilynn D’Avola, who also received correspondence from FFRC during her time on the board. In 2022, FFRF claimed D’Avola proselytized a student in an email. During an April, 2022 board meeting, D’Avola used her board comment time to read an excerpt from David Barton’s book, “America’s Godly Heritage.” The Southern Poverty Law Center describes Barton as “a self-styled ‘historian’ who has acted as a key bridge between the mainstream political right and radical-right religious ideology.”
In 2023, D’Avola supported efforts to adopt a resolution in D49 to encourage the display in schools and other public buildings of the national motto “In God We Trust.”
Last year, D’Avola lost her bid for reelection in D49 to Holly Withers, after she was also challenged by fellow conservative Ivy Liu.
While all the James Irwin schools are in Colorado Springs, they are split among three districts — Harrison School District 2, District 11, and District 49. James Irwin Charter Middle School is in Harrison School District 2. The D2 Board of Education declined to comment on the letter, but the district noted that charter schools are governed independently within school districts.
“Charter schools authorized by Harrison School District 2 are independently governed and responsible for their instructional programs,” said Christine O’Brien, the D2 public information officer, in an email. “Consistent with the Colorado Charter Schools Act and the school’s charter contract, curriculum concerns are first addressed through the school’s internal processes and governing board. The District takes concerns raised by parents and community members seriously. When concerns are brought to our attention, we review them and work with the school, as appropriate, to ensure its educational program remains consistent with applicable law, state standards, and the terms of its charter. The District is aware of the concerns that have been raised and is communicating with the school to ensure instructional practices remain consistent with legal and contractual requirements.”
James Irwin Charter Schools did not respond to an emailed request for comment.
Read the full FFRF letter here:
Editor’s Note: This story has been updated to include a statement from Harrison School District 2, and to distinguish the response from that of the district’s board of education.
