State v. Shaver, s. 705
| Decision Date | 20 June 1980 |
| Docket Number | 706,Nos. 705,s. 705 |
| Citation | 294 N.W.2d 883 |
| Parties | STATE of North Dakota, Plaintiff and Appellee, v. Paul SHAVER, Defendant and Appellant. STATE of North Dakota, Plaintiff and Appellee, v. Dennis STEINWAND, Defendant and Appellant. Crim. |
| Court | North Dakota Supreme Court |
Thomas Tuntland, State's Atty., Mandan, for plaintiff and appellee.
Fleck, Mather, Strutz & Mayer, Bismarck, and Charles E. Craze, Cleveland, Ohio, for defendants and appellants; appearances by Thomas A. Mayer, Bismarck, Charles E. Craze and David Gibbs, Cleveland, Ohio, argued by Charles E. Craze, Cleveland Ohio.
The defendants appeal from judgments of conviction entered in the Morton County Court with Increased Jurisdiction on December 18, 1979. The convictions arose out of the defendants' failure to comply with the requirements of the compulsory school attendance law, Chapter 15-34.1, N.D.C.C. This appeal challenges the constitutionality of that law as applied to the defendants. We affirm.
The defendants, Paul Shaver and Dennis Steinwand, are members of the Bible Baptist Church, a nonprofit corporation located in Bismarck, North Dakota. Shaver, Steinwand, and their families reside in the city of Mandan, North Dakota, within the Mandan Public School District. North Dakota's compulsory school attendance law required them to send their children to a public school or an approved private or parochial school in the state. 1 None of their children were enrolled in a public school during the 1979-1980 school year, nor in any other approved private or parochial school in the state. Further, the children did not fall within a recognized exception to the compulsory school attendance law. See Section 15-34.1-03, N.D.C.C. Instead, the evidence shows that the defendants' children attended the Bible Baptist School in Bismarck, a non-approved fundamental Baptist school.
The evidence adduced at trial reveals that the Bible Baptist School began operation in January of 1979. The Reverend Mr. Rodell Bledsoe is principal of the school and has been pastor of the Bible Baptist Church since July of 1979. We shall hereafter refer to him as Pastor.
Pastor Bledsoe testified as to the fundamental precepts of the religion observed by the members of the Bible Baptist Church. He said that the purpose of the church was "to evangelize the world and reach the lost" and "to teach the Christian after they have been saved and born again." According to Paster Bledsoe, members of the Bible Baptist Church believe that the Bible mandates and commands parents to educate their children according to God's word and in a manner consistent with the teachings of the Bible. They believe it is their God-given responsibility as parents to teach and train their children and bring them up in the nurture and admonition of the Lord. See The State does not dispute the sincerity of the defendants' religious beliefs and convictions.
Proverbs 22:6. 2 Steinwand testified that "it is my duty to train up my child as it says in the Bible; train up a child in the way he should go. And I feel this is my conviction, because I do believe the Bible and everything it stands for." Shaver's testimony was in accord with Steinwand's and he stated that the scriptures mandate that parents educate their children in Christian schools. Shaver also testified in detail as to the basis and foundation for his religious convictions regarding the education of his children
According to Pastor Bledsoe, the Bible Baptist School was established to fulfill the biblical command which church members believe requires the education of their children in a Christian environment. Pastor Bledsoe testified that:
As previously stated, the Bible Baptist School opened its doors in January of 1979. The school utilizes a curriculum nationally known as the Accelerated Christian Education program (ACE). The ACE method of instruction is a self-study program whereby students work at their own speed and progress through a series of learning packets on varying subjects, referred to as "paces". The ACE program is Bible-orientated in that passages from scripture are contained within the teaching materials. Each student is generally expected to complete at least 12 paces in each subject per year. One hundred forty-four paces is equivalent to the completion of 12 grades.
Pastor Bledsoe testified that the ACE curriculum is currently being used in approximately 3,000 church schools throughout the United States. An additional 500 to 1,000 new schools are expected to utilize the curriculum when their doors open in 1980. In addition to the Bible Baptist School, there are three other church schools in North Dakota which employ the ACE method of instruction. Ronald C. Stastney, Director of Elementary Education for the Department of Public Instruction, testified that he was familiar with the ACE curriculum and believed that the materials were good and the curriculum was sound. However, he further said that "some average children may not be able to learn through that process of self-study" and that a teacher may have to employ a different style of instruction to teach those children.
The record discloses that the Bible Baptist School does not employ teachers who are certified by the state of North Dakota. The ACE curriculum does not require certified teachers nor does the school have a certified teacher on its staff. The educational qualifications of the church school's teachers are not revealed in the record; however, the following answer to an inquiry which sought to learn why they were not certified is significant:
Pastor Bledsoe testified that the basic and fundamental requirement to teach at the Bible Baptist School is that the "teacher The record further discloses that the Bible Baptist School has never sought approval by the County Superintendent of Schools and the Superintendent of Public Instruction as required by statute. See Section 15-34.1-03(1), N.D.C.C. Further, the record reveals that the school will not seek to obtain such approval in the future. The view of the church is indicated by this testimony of Pastor Bledsoe:
be saved and born again." According to Pastor Bledsoe, a teacher must lead an exemplary life and maintain good standing in the church. During cross-examination, Pastor Bledsoe indicated that a certified teacher could conduct the ACE method of instruction in the church school without violating the basic tenets of the religion if the teacher had been saved and born again. He admitted that there were certified teachers who could meet that basic requirement.
The testimony of Shaver and Steinwand is in accord with Pastor Bledsoe's testimony relative to the church members' religious convictions against obtaining state approval. The following colloquy between Steinwand and the state's attorney reveals this conviction:
Children at the church school are periodically tested to determine not only their level of achievement within the ACE curriculum, but also their overall level of achievement as reflected in the results of the administration of the California Achievement Test. The uncontroverted evidence shows that many of the children have displayed remarkable progress since the school doors opened in January 1979. Pastor Bledsoe testified that the majority of the students who entered the church school from the public schools in 1979 were behind in their grade levels as indicated by their results on the California Achievement Test. However, the periodic administration of the achievement test has disclosed that many of the students have now attained the grade level they should be working at and several students are working at a grade level far above the norm. As...
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