Fellowship Baptist Church v. Benton

815 F.2d 485, 38 Educ. L. Rep. 893
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 27, 1987
DocketNos. 85-2288, 85-2370, 85-2371 and 85-2527
StatusPublished
Cited by11 cases

This text of 815 F.2d 485 (Fellowship Baptist Church v. Benton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fellowship Baptist Church v. Benton, 815 F.2d 485, 38 Educ. L. Rep. 893 (8th Cir. 1987).

Opinion

LARSON, Senior District Judge.

In this appeal, the Court is presented with a broad-based attack on Iowa’s compulsory school laws. Plaintiffs are two fundamentalist Baptist church schools, the churches’ pastors and principals, and several of the schools’ teachers, parents and students. The creation of plaintiffs’ church schools is a relatively recent development dating from the 1970s — a part of the growing trend towards the establishment of such schools throughout the country.1

Plaintiffs’ suit mirrors several previous actions involving fundamentalist groups, including one before the Iowa Supreme Court, which have generally resulted in decisions upholding the states’ regulatory schemes. See, e.g., Johnson v. Charles City Community Schools Board of Education, 368 N.W.2d 74 (Iowa), cert. denied sub nom., — U.S.-, 106 S.Ct. 594, 88 L.Ed.2d 574 (1985); Sheridan Road Baptist Church v. Department of Education, 426 Mich. 462, 396 N.W.2d 373 (1986); Attorney General v. Bailey, 386 Mass. 367, 436 N.E.2d 139, cert. denied, 459 U.S. 970, 103 S.Ct. 301, 74 L.Ed.2d 282 (1982); State v. Rivinius, 328 N.W.2d 220 (N.D.1982), cert. denied, 460 U.S. 1070, 103 S.Ct. 1525, 75 L.Ed.2d 948 (1983); Nebraska ex rel. Douglas v. Faith Baptist Church, 207 Neb. 802, 301 N.W.2d 571, appeal dismissed, 454 U.S. 803, 102 S.Ct. 75, 70 L.Ed.2d 72 (1981); State v. Shaver, 294 N.W.2d 883 (N.D.1980). Indeed, many of plaintiffs’ witnesses had testified in these other cases, including the Charles City case involving Iowa law, in which plaintiffs’ counsel also participated.

Although many of the issues are similar to those presented to the Charles City Court, we of course have undertaken our own independent review of plaintiffs’ challenge to the following specific requirements of Iowa law. First, principals must file annual reports with the local school districts listing their pupils’ names, ages and dates of attendance, the texts used, and the names of the teachers. Iowa Code [489]*489§ 299.3. Second, parents of children ages 7 to 16 must place their children — until completion of the eighth grade — in either a public school or a school that offers “equivalent instruction by a certified teacher.” Iowa Code § 299.1. Finally, the state has determined that parents of children in the plaintiff schools are not entitled to the “Amish exemption” to the above requirements, see Iowa Code § 299.24, and plaintiffs argue this determination is unconstitutional. The district court found the challenged laws and their application to plaintiffs constitutional, except, following the suggestion of the Charles City Court, held that the term “equivalent instruction” was unconstitutionally vague “without further definition.” 620 F.Supp. 308, 313-20 (S.D. Iowa 1985). The court also denied defendant Keokuk Community School District Board of Education’s request for attorney’s fees under section 1988. Both plaintiffs and defendants appeal from the district court’s rulings.

We have reviewed the record carefully, and find that the evidence presented to the district court supports the court’s findings and conclusions regarding the reporting and teacher certification requirements. We also find the evidence supports the district court’s holding that the denial to plaintiffs of the “Amish exemption” does not violate the equal protection clause or any other constitutional guarantee. Since the district court’s ruling on the term “equivalent instruction,” the state has promulgated regulations further defining this term, and we remand this aspect of the case to the district court for further consideration. Finally, we believe an award of attorney’s fees to the Keokuk School Board is warranted under the particular circumstances of this case, and we remand this issue to the district court as well for a determination of the proper amount of such an award.

I. PLAINTIFFS’ RELIGIOUS BELIEFS

An understanding of plaintiffs’ religious beliefs and practices is essential to the proper evaluation of plaintiffs’ claims. The evidence presented by plaintiffs to the district court unquestionably revealed that their religious beliefs stem from the Bible. They view Christ as the Head of their church and all of its ministries, and adhere to the doctrine of separation of church and state. Their schools were created in response to these beliefs. Neither church has a doctrine which requires members to send their children to the church school, however, and parents are not subject to discipline for removing their children from the church schools. Enrollment in the schools is not limited to those who belong to the church, and both schools have enrolled pupils whose parents are not members of the church. Moreover, several members send some of their children to the church school, while others attend the public schools.

Although the churches’ tenets of faith are similar, each school has a slightly different approach to teaching. The Central Iowa Christian Academy, associated with the Fellowship Baptist Church, uses the “principle approach.” The Calvary Baptist Christian Academy, associated with the Calvary Baptist Church, uses the Accelerated Christian Education, Inc. or ACE program. Each school offers the basic curriculum specified in Iowa statutes with a few minor exceptions, as well as other courses, including a course in computers. Plaintiffs’ witnesses admitted that there is nothing in either curriculum which forbids teaching by a certified teacher, and in fact, each school employs a teacher who is certified.

Plaintiffs believe themselves to be “in the world but not of the world,” but they do not segregate themselves from modern communities. They live in ordinary residential neighborhoods and they interact with their neighbors and others not of their faith. They believe they are called by God to perform certain occupations in life, but these include ordinary occupations such as nurse, lawyer, engineer and accountant, and there is no evidence that they object to the licensing of these occupations. They own and use radios, televisions, motor vehicles and other modern conveniences and advancements. Their dress and lifestyle, while conservative, is not distinctive.

[490]*490Plaintiffs do, however, object to certain state regulation of their churches’ ministries, including the reporting, teacher certification and “equivalent instruction” requirements of Iowa’s compulsory school laws. Neither principal has ever filed an annual report as required by Iowa Code § 299.3, although both stated at trial that they had been aware for several years that the law placed this obligation on them. Officials of Calvary Baptist Christian Academy initially had requested information on becoming an approved school,2 and had assured the Keokuk School District Superintendent that certified teachers would be employed,3 but the majority of teachers in both schools currently are not certified.

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Fellowship Baptist Church Calvary Baptist Church David B. Jaspers M. Wayne Denton Forrest Walker George A. Stille, Jr. Diane Peoples Bradley A. Stille, a Minor Child, by Way of His Parent and Guardian Ad Litem, George A. Stille, Jr. Rita Marks, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Vernon Marks and Janet Robb, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Keith J. Robb v. Robert T. Benton, as Superintendent of the Iowa Department of Public Instruction and as Executive Officer of the Iowa Board of Public Instruction Susan M. Wilson, Karen K. Goodenow William N. Cropp, Jolly Ann Davidson, Stephen C. Gerard, Dianne L. Paca, Mary E. Robinson, John E. Van Der Linden, Harold R. Yeoman, as Members of the Iowa State Board of Public Instruction and Keokuk Community School District Board of Education, Fellowship Baptist Church Calvary Baptist Church David B. Jaspers M. Wayne Denton Forrest Walker George A. Stille, Jr. Diane Peoples Bradley A. Stille, a Minor Child, by Way of His Parent and Guardian Ad Litem, George A. Stille, Jr. Rita Marks, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Vernon Marks and Janet Robb, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Keith J. Robb v. Robert T. Benton, as Superintendent of the Iowa Department of Public Instruction and as Executive Officer of the Iowa Board of Public Instruction Susan M. Wilson, Karen K. Goodenow, William N. Cropp, Jolly Ann Davidson, Stephen C. Gerard, Dianne L. Paca, Mary E. Robinson, John E. Van Der Linden, Harold R. Yeoman, as Members of the Iowa State Board of Public Instruction, and Keokuk Community School District Board of Education. Fellowship Baptist Church Calvary Baptist Church David B. Jaspers M. Wayne Denton Forrest Walker George A. Stille, Jr. Dianne Peoples Bradley A. Stille, a Minor Child, by Way of His Parent and Guardian Ad Litem, George A. Stille, Jr. Rita Marks, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Vernon Marks and Janet Robb, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Keith J. Robb v. Robert T. Benton, as Superintendent of the Iowa Department of Public Instruction and as Executive Officer of the Iowa Board of Public Instruction Susan M. Wilson, Karen K. Goodenow, William N. Cropp, Jolly Ann Davidson, Stephen C. Gerard, Dianne L. Paca, Mary E. Robinson, John E. Van Der Linden, Harold R. Yeoman, as Members of the Iowa State Board of Public Instruction and Keokuk Community School District Board of Education, Fellowship Baptist Church Calvary Baptist Church David B. Jaspers M. Wayne Denton Forrest Walker George A. Stille, Jr. Diane Peoples Bradley A. Stille, a Minor Child, by Way of His Parent and Guardian Ad Litem, George A. Stille, Jr. Rita Marks, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Vernon Marks and Janet Robb, a Minor Child, by Way of Her Parent and Guardian Ad Litem, Keith J. Robb v. Robert T. Benton, as Superintendent of the Iowa Department of Public Instruction and as Executive Officer of the Iowa Board of Public Instruction Susan M. Wilson, Karen K. Goodenow, William N. Cropp, Jolly Ann Davidson, Stephen C. Gerard, Dianne L. Paca, Mary E. Robinson, John E. Van Der Linden, Harold R. Yeoman, as Members of the Iowa State Board of Public Instruction and Keokuk Community School District Board of Education
815 F.2d 485 (Eighth Circuit, 1987)

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Bluebook (online)
815 F.2d 485, 38 Educ. L. Rep. 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellowship-baptist-church-v-benton-ca8-1987.