Battles v. Anne Arundel County Bd. of Educ., Civ. No. Y-95-508.

• Decision Date: 17 November 1995
• Docket Number: Civ. No. Y-95-508.
• Citation: 904 F. Supp. 471
• Parties: Cheryl Anne BATTLES et al. v. The ANNE ARUNDEL COUNTY BOARD OF EDUCATION et al.
• Court: U.S. District Court — District of Maryland

904 F. Supp. 471

Cheryl Anne BATTLES et al. v. The ANNE ARUNDEL COUNTY BOARD OF EDUCATION et al.

Civ. No. Y-95-508.

United States District Court, D. Maryland.

November 17, 1995.

Cheryl Anne Battles, pro se.

P. Tyson Bennett, Columbia, Maryland; B. Darren Burns, Annapolis, Maryland; J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland; Shelly E. Mintz, Assistant Attorney General, Baltimore, Maryland; for Defendants.

MEMORANDUM OPINION

JOSEPH H. YOUNG, Senior District Judge.

Cheryl Anne Battles and her daughter Emily Elizabeth McCann filed suit against Anne Arundel County Superintendent of Education, Anne Arundel County Board of Education, and Anne Arundel County Department of Social Services seeking relief from certain provisions of the Maryland education law and related regulations. Defendants' motions to dismiss the Complaint are now pending before the Court.

I. BACKGROUND

Battles states that the public school system indoctrinates children in atheism, non-Christian religions, secular humanism, evolutionism and other teachings which are contrary to her religious beliefs. To avoid exposing her daughter Emily to this environment, Battles educates Emily at home.

Maryland requires children to attend public schools "unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age." Md.Educ.Code Ann. § 7-301(a)(1) (1992). The regulations promulgated under this law allow parents to provide home education to children as long as they meet the statutory standard. COMAR 13A.10.01.01(A). However, the State retains a supervisory role over children's education and requires instruction in English, mathematics, science, social studies, art, music, health, and physical education. COMAR 13A.10.01.01(C)(2). The parent must maintain a portfolio of instructional materials and examples of the child's work to demonstrate that the child is receiving regular and thorough instruction in those areas, and must permit a representative to observe the teaching provided and review the portfolio at a mutually agreeable time and place not more than three times a year. COMAR 13A.10.01.01(D)-(E). To ensure compliance with these regulations, parents who educate their children at home must sign a consent form indicating that they have read and understand the regulations. COMAR 13A.10.01.01(B). Battles has refused to sign the consent form and will not allow the local school system to monitor Emily's education as required by law.

Battles was also investigated as a "possible child neglector" by the Anne Arundel County Department of Social Services after it received a complaint from an undisclosed source. Child neglect includes "failure to give proper care and attention to a child by any parent" under circumstances that indicate harm or substantial risk of harm to the child's health or welfare or that indicate mental injury or substantial risk of mental injury. Md.Fam.L.Code Ann. § 5-701(p). Under Maryland law a local department of social services must conduct an investigation upon receiving a report of possible child neglect. Id. § 5-706(a), (b). The investigation by Anne Arundel County Department of Social Services found that neglect was "unsubstantiated" and Battles' name was entered on a central registry after she was given notice of the finding. Id. §§ 5-714(a), 5-706.1, 5-715. She did not request a hearing as allowed by law. Id.

Plaintiff then filed suit in this Court, objecting to (1) state supervision of Emily's education in general, (2) signing the Consent Form in particular, and (3) the child neglect investigation. Battles believes that "to subject her child's education to the scrutiny, regulation and oversight of an agency charged by law with implementing atheistic, antichristian education, would be a sin against the Plaintiff's conscience and would be insulting to her Christian God and Christian beliefs...." Complaint ¶ 13. She alleges that the Consent Form is unconstitutional because it authorizes the Board of Education to withdraw her daughter from home education if she cannot furnish proper portfolios and other proof of educational quality. Complaint ¶ 18. As a result, signing this form, she states, "is contrary to Cheryl Battles' belief that by so signing, Ms. Battles would enter into a contractual relationship with an agency charged ... with teaching atheism...." Complaint ¶ 28. In addition, Battles argues that Emily's education should be measured by national comprehensive tests rather than "process related criteria" used in Maryland schools such as the number of hours spent on education and the kind and difficulty of subjects taught. Complaint ¶ 19-20.

Battles also alleges that the child neglect investigation was launched after she refused to allow the State to supervise the education of Emily to intimidate and harass her into complying with the law.

Battles attempts to crystallize her general grievances in a three-count Complaint. Count I asks for a declaration that Plaintiffs have the right to practice the free exercise of their religion and are exempt from any law, including the Maryland education law at issue, that interferes with that right.

Count II claims that Defendants' implementation of the home education provisions and investigation of child neglect violate 42 U.S.C. § 1983 because they restrict Plaintiff's right to free exercise of religion under the First Amendment. No relief is specifically requested under this count.

Count III requests equitable relief in the form of a permanent injunction preventing the Anne Arundel County Department of Social Services from listing Battles on a central registry of "possible child neglectors." Under Count III Battles also requests monetary damages.

II. STANDARD

Defendants seek dismissal of this suit on the grounds that Battles has failed to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). When considering a Motion to Dismiss under Rule 12(b)(6), the factual allegations of the complaint must be taken as true and all reasonable inferences must be viewed in favor of the plaintiff. Martin Marietta Corp. v. International Telecommunications Satellite Org., 991 F.2d 94, 97 (4th Cir.1992). A complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts in support of the claims which would entitle the plaintiff to relief. Id. at 97. However, this Court is not bound to accept conclusory allegations concerning the legal effect of events set out in the complaint if the conclusions do not reasonably follow from the plaintiff's description of what happened. Ficker v. Chesapeake & Potomac Telephone Co., 596 F.Supp. 900 (D.Md.1984). This Court may also treat a Motion to Dismiss as a Motion for Summary Judgment if appropriate. Fed.R.Civ.P. 12(c).

III. COUNT I — DECLARATORY JUDGMENT

Courts are authorized to declare the right of any interested party seeking declaratory judgment when there is a "case of actual controversy within its jurisdiction...." 28 U.S.C. § 2201(a). The Declaratory Judgment Act provides a remedy for the resolution of substantive rights, making resolution of Count I dependent upon whether Battles states a right of action in the other counts.

It must be noted that declaratory judgment claims are subject to the well-pleaded complaint rule. It is possible to interpret Battles' federal claims as raising defenses to Maryland's attempted enforcement of the education laws, which would place the Complaint in jeopardy of the well-pleaded complaint rule. However, the better view is that the Complaint asserts affirmative claims under the First Amendment and the Religious Freedom Restoration Act. Alternatively, her claims can be interpreted as raising the issue of whether Maryland laws are preempted by the Constitution and federal law, which would also satisfy the well-pleaded complaint rule.

IV. COUNT II — SECTION 1983

Battles alleges that Maryland's system of monitoring home education infringes upon her right to exercise freely her religious beliefs. Although she did not request any specific relief, this Court will determine the validity of Count II. To maintain a claim under 42 U.S.C. § 1983, Plaintiffs' allegations, taken as true, must show infringement upon her right to practice her religion.

As an initial matter, this Court must determine the prevailing law. In Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), the Supreme Court held that a law does not violate the Free Exercise Clause if it is "religion-neutral" and "generally applicable." Subsequently, Congress sought to reinstate the previous "compelling interest" standard used in free exercise cases by passing the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb (1994 Supp.) ("RFRA").

The Fourth Circuit has recognized separate Constitutional and statutory standards to determine whether certain laws infringe upon religious freedom. In Goodall by Goodall v. Stafford Co. School Bd., 60 F.3d 168 (4th Cir.1995), the court held that a county was not required to provide a cued speech transliterator in a private sectarian school. First, the court analyzed the RFRA claim by referring to pre-Smith cases and held that the plaintiffs did not meet the threshold test of showing a "substantial burden" on their exercise of religious beliefs. Second, the court analyzed the First Amendment claim and held that the county policy was either generally applicable and valid under the Smith standard or did not impose a substantial burden on the plaintiffs and was therefore valid under the "compelling interest" test.

In American Life League, Inc. v. Reno, 47 F.3d 642 (4th Cir.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 55, 133 L.Ed.2d 19 (1995), the court held that the Freedom of Access to Clinic Entrances Act did not infringe upon the free exercise of religion. First, the court...