SAN JUAN CAPISTRANO : Teacher in Lawsuit Disputes Evaluation

John Peloza, a biology teacher who has filed a lawsuit against the Capistrano Unified School District alleging that he was forced to teach evolution, has filed for arbitration through the teachers union after being given a negative performance evaluation by the district.

Peloza’s performance evaluation for the 1990-91 school year was lower in several areas than his 1989-90 evaluation, which was “outstanding,” said Ric Stephenson, president of the Capistrano Unified Education Assn.

The request for arbitration was filed by the teachers union because union officials say the district did not offer Peloza, a teacher at Capistrano Valley High School, a “remediation plan,” which is designed to help a teacher improve in areas where the district sees deficiencies.

“According to our understanding of the contract, in areas where you are going to be rated below satisfactory, the district must have identified, in writing, those areas of concern and developed an appropriate remediation plan with that teacher,” Stephenson said.

District Supt. James A. Fleming said Friday that some criticisms on the evaluation form related directly to Peloza’s refusal to teach evolution.

“The obvious question is,” Fleming said, “what should the remediation plan be for someone who says, ‘I will not do it’? When you have that kind of standoff, the concept of a remediation plan, most reasonable people would agree, doesn’t fit. We told him, through memos, to do it.”

Both Peloza and union officials contend that some lowered evaluation categories are not related to Peloza’s lawsuit, which seeks to force the district to allow him to teach creationism as another valid theory about the origin of life. Under state law, teachers are required to teach evolution as the only scientifically accepted theory.

“It’s obvious that they are discriminating against me,” Peloza said. “I’m being singled out for not conforming to their ideology. I don’t think remediation is in their plans, I think termination is in their plans.”

The union has presented a list of four arbitrators to the district. Once an arbitrator is selected, both sides will present their cases, Stephenson said.

“It’s an advisory arbitration,” Stephenson said. “Historically, the school board has respected judgments by arbitrators.”

Peloza’s suit against the district will get its first court hearing Monday, when a federal judge in Los Angeles will determine whether it should be dismissed.