No evolution is a scientific theory, thats the basic difference. When you can come up with a creation theory that has some basis in science, you can try and get it accepted and taught as such. Until then creation belongs in the classes on religion.
If origins is a religious issue, then teach origins and evolution in religion classes as well.
The ToE being labeled as a scientific theory is not enough justification to oppose the wishes of the majority of the parents and use the judiciary to strong arm the theory into a the position of being the only option taught in schools, no matter how much evidence you think that there is to support it.