Federal law (Santorum Amendment) supports teaching alternatives (Talk.Origins)
Source: Santorum, Rick. 2002. Illiberal education in Ohio schools. Washington Times, 14 March 2002.
Boehner, John A. and Steve Chabot. 2002. Letter to Ohio Department of Education, 15 March 2002, http://www.discovery.org/scripts/viewDB/index.php?command=view&id=1131
This is not exactly a creationist claim to start with. The claim is not even used. The truth is that evolutionists do not tolerate any teaching of creationism regardless of what the law says.
Answers in Genesis is adamantly against the mandated teaching of Creation in schools.
- http://www.answersingenesis.org/articles/2002/01/07/science-left-behind. "While we don’t support compulsion to teach the creation position (imagine how unbelievers would distort our position), it would be good if Christian teachers had the legislative freedom and encouragement to present critiques of evolution and discuss alternatives."