Braintree Baptist Temple v. Holbrook Pub. Schools

• Decision Date: 18 September 1984
• Docket Number: Civ. A. No. 83-0580-Z.
• Citation: 616 F. Supp. 81
• Parties: BRAINTREE BAPTIST TEMPLE, et al. v. HOLBROOK PUBLIC SCHOOLS, et al.
• Court: U.S. District Court — District of Massachusetts

616 F. Supp. 81

BRAINTREE BAPTIST TEMPLE, et al. v. HOLBROOK PUBLIC SCHOOLS, et al.

Civ. A. No. 83-0580-Z.

United States District Court, D. Massachusetts.

September 18, 1984.

COPYRIGHT MATERIAL OMITTED

Richard G. Gay, Colby M. May, May, Dunne & Gay, Washington, D.C., John C. Sandelli, Dracut, Mass., for plaintiff.

Diana S. Gondek, Maria I. Lopez, Ass't Atty. Gen., Boston, Mass., for defendant.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This case illustrates the admonition articulated in Matthew 22:21.¹ Plaintiffs are two sectarian schools, their teachers, students, the students' parents, the churches operating the schools, and a pastor who heads one of the schools.² They challenge the constitutionality of the Massachusetts compulsory education laws as applied to them and seek to enjoin enforcement of the laws against them by defendants, the Massachusetts Board of Education (and its chairman and vice-chairman), the Massachusetts Department of Education, and the Commissioner of Education (referred to collectively as the state defendants); the Holbrook Public Schools, their superintendent, John Moran, and the Holbrook School Committee and its individual members (the Holbrook defendants); the East Longmeadow Public Schools, their superintendent, Wayne Porter, and the East Longmeadow School Committee and its individual members (the East Longmeadow defendants); and the Boston Public Schools, their superintendent, Robert Spillane, the Boston School Committee and its individual members, and Richard Allen, Advisor of Attendance for the Committee (the Boston defendants). Plaintiffs further seek damages and attorneys' fees.

Mass.Gen.Laws ch. 76, § 1 provides in relevant part that "Every child ... shall ... attend a public day school ... or some other day school approved by the school committee of the child's town of residence.... For the purposes of this section, school committees shall approve a private school when satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town; but shall not withhold such approval on account of religious teaching.... The school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith." Mass.Gen.Laws ch. 76, § 2 mandates that "every person in control of a child described in the preceding section shall cause him to attend school as therein required and if he fails so to do for seven day sessions or fourteen half day sessions within any period of six months, he shall, on complaint by a supervisor of attendance, be punished by a fine of not more than twenty dollars."

In their amended complaint, plaintiffs allege that these statutes³ and defendants' action in accordance therewith violate plaintiffs' rights under the First, Fifth, Ninth and Fourteenth Amendments to the United States Constitution, and under Amendment Article 18, sections 1 and 2 of the Massachusetts Constitution. They also allege that the Commissioner of Education has exceeded the scope of the powers accorded him by Mass.Gen.Laws ch. 69, § 1,⁴ and assert an independent claim on the purported basis of 42 U.S.C. § 1983.⁵ The case is before me on defendants' motions to dismiss all counts of the complaint.⁶

The following facts, set forth in the amended complaint, are not in dispute. Plaintiff Braintree Baptist Temple is an incorporated church located in Holbrook. (¶ 4). It operates plaintiff Temple Christian Academy. Id. Plaintiff New Life Baptist Church is an incorporated church, located in East Longmeadow. (¶ 5). It operates plaintiff New Life Baptist Church Academy. Id. The members of the two churches believe that the Bible is the inspired word of God and must serve as a source of guidance for all aspects of life, and as the source of all teaching and knowledge. (¶ 8). They regard the schools as a completely integral part of the churches, for they believe Christian education to be a necessary part and purpose of the churches' existence, (¶ 10) and this religious mission is the only reason for the schools' existence. The schools' primary goal is to assure future adherents their Christian faith (¶ 11(d)) by training children up in the Way they should go.

The schools are operated in facilities owned by the churches, (¶ 10) which are in compliance with applicable health, fire, safety and building codes. (¶ 6). They are not separately incorporated and have no separate governing body or finances from those of the churches. (¶ 10). They receive no direct local, state or federal tax support (¶ 5).

The plaintiff teachers are all "Bible-believing and practicing Christians" (¶ 11(1)) and are dedicated to rearing their students in their faith. (¶ 11(k)). Plaintiff David Chase, pastor of New Life Baptist Church, is also head of its school. (¶ 14). He believes it is part of his duty as pastor to establish this religious school to further the educational mission of the church. (¶ 16).

Plaintiff parents are "born again Christians" who believe they have the duty to give their children an education that inculcates their religious values, "a complete biblical Christian perspective." (¶¶ 19, 25). They believe that all knowledge is inescapably religious, so that it is impossible to separate a secular from a religious aspect of education (¶ 10); and part-time instruction or attendance at a nonsectarian school is insufficient (¶ 21) to attain their educational goals. The parents will continue to send their children to the plaintiff schools. (¶ 25).

Plaintiff students attend the schools pursuant to the direction of their parents and the mandate of their own religious convictions (¶ 25) and will continue to do so.

On July 21, 1981, defendant Moran, the Holbrook school superintendent, wrote to Reverend Bruce Turner, pastor of Braintree Baptist Temple and head of the Temple Christian Academy, informing him that the Academy must provide certain information to the Holbrook School Committee in order to comply with the approval provision of Mass.Gen.Laws ch. 76, § 1. (¶ 67, Exhibit 2). His letter stated that in order for the Academy to open, Reverend Turner must show "provision for proper safety and attendance coverage for all pupils" and for proper transportation "to be reviewed and approved." He requested Reverend Turner to show that the school's teachers were certified and that the length of the school day and year met state requirements. He further asked Reverend Turner to submit the school's curriculum for all grade levels, "to be approved by appropriate Holbrook principals, department heads, and/or supervisors for recommendation to the School Committee," and stated that "various personnel involved, i.e., principals, department heads" would visit to verify the materials submitted; if deemed necessary, the School Committee would visit. He noted that the School Committee would request the town building inspector to visit and approve the building as a school facility.

In October or December 1982, plaintiff parents of children attending Temple Christian Academy and New Life Academy notified the district school committees of the districts in which they reside that their children of compulsory school age were having their educational needs met by attendance at those schools. On December 23, 1982, Richard Allen, Advisor of Attendance for the Boston School Committee, sent a letter to plaintiff Charles Nelson asking him to contact him "regarding the educational needs of your children Jennifer and James." (Complaint, Exhibit 3).

The complaint alleges that on January 4, 1983, a truant officer employed by the Boston School Committee told Mr. Nelson that he should place his children in an approved school or face prosecution for violation of the state compulsory attendance laws. The Boston defendants dispute this allegation.

The following allegations concerning the East Longmeadow defendants I take, for purposes of the motion to dismiss, as true. On September 9, 1982, Wayne Porter, superintendent of the East Longmeadow schools, wrote to Reverend David Chase, informing him of the private school approval requirement, and asking him to submit materials to the committee "as outlined in the enclosed checklist" within "a couple of weeks." (¶ 71). He noted that the need for approval was urgent to avoid continued violation of the compulsory attendance law by the students and their parents. (Complaint, Exhibit 4). The "checklist" to which Porter referred, enclosed with his letter, was a four-page form entitled, "Checklist for Approval of Private Schools by Local School Committees."⁷ It was issued as part of a memorandum, dated August 19, 1982, to School Committee Chairpersons and Superintendents of Schools from the Massachusetts Commissioner of Education, entitled "Guidelines for Approval of Private Schools" (Complaint, Exhibit 1).⁸ On October 19, 1982, Porter wrote again in response to an inquiry from Chase, giving Chase a list of twelve areas of specific data the School Committee desired. (Complaint, Exhibit 5). He concluded, "it is not the School Committee's intention of qualifying sic your school program except for meeting the basic standards of attendance, curriculum coverage, the standards of safety for the building, and non-discrimination regulations." In response, Reverend Chase gave Porter the names and addresses of the students from East Longmeadow who attended the school. (Complaint, Exhibit 7). He provided further information in all twelve areas about the school by a letter of November 24, 1982. (Complaint, Exhibit 6). His letter stated that, "We have never sought the approval of any of our church ministries by non-religious organizations and we appreciate your concern in this area." In a letter of January 20, 1983, Mr. Porter asked for clarification of the educational backgrounds of the school's teachers and further explanation of the...