Mozert v. Hawkins County Board of Education

827 F.2d 1058, 102 A.L.R. Fed. 497
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 24, 1987
DocketNos. 86-6144, 86-6179, 86-6180 and 87-5024
StatusPublished
Cited by28 cases

This text of 827 F.2d 1058 (Mozert v. Hawkins County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mozert v. Hawkins County Board of Education, 827 F.2d 1058, 102 A.L.R. Fed. 497 (6th Cir. 1987).

Opinions

LIVELY, Chief Judge.

This case arose under the Free Exercise Clause of the First Amendment, made applicable to the states by the Fourteenth Amendment. The district court held that a public school requirement that all students in grades one through eight use a prescribed set of reading textbooks violated the constitutional rights of objecting parents and students. The district court entered an injunction which required the schools to excuse objecting students from participating in reading classes where the textbooks are used and awarded the plaintiff parents more than $50,000 damages.

I.

A.

Early in 1983 the Hawkins County, Tennessee Board of Education adopted the [1060]*1060Holt, Rinehart and Winston basic reading series (the Holt series) for use in grades 1-8 of the public schools of the county. In grades 1-4, reading is not taught as a separate subject at a designated time in the school day. Instead, the teachers in these grades use the reading texts throughout the day in conjunction with other subjects. In grades 5-8, reading is taught as a separate subject at a designated time in each class. However, the schools maintain an integrated curriculum which requires that ideas appearing in the reading programs reoccur in other courses. By statute public schools in Tennessee are required to include “character education” in their curricula. The purpose of this requirement is “to help each student develop positive values and to improve student conduct as students learn to act in harmony with their positive values and learn to become good citizens in their school, community, and society.” Tennessee Code Annotated (TCA) 49-6-1007 (1986 Supp.).

Like many school systems, Hawkins County schools teach “critical reading” as opposed to reading exercises that teach only word and sound recognition. “Critical reading” requires the development of higher order cognitive skills that enable students to evaluate the material they read, to contrast the ideas presented, and to understand complex characters that appear in reading material. Plaintiffs do not dispute that critical reading is an essential skill which their children must develop in order to succeed in other subjects and to function as effective participants in modern society. Nor do the defendants dispute the fact that any reading book will do more than teach a child how to read, since reading is instrumental in a child’s total development as an educated person.

The plaintiff Vicki Frost is the mother of four children, three of whom were students in Hawkins County public schools in 1983. At the beginning of the 1983-84 school year Mrs. Frost read a story in a daughter’s sixth grade reader that involved mental telepathy. Mrs. Frost, who describes herself as a “born again Christian,” has a religious objection to any teaching about mental telepathy. Reading further, she found additional themes in the reader to which she had religious objections. After discussing her objections with other parents, Mrs. Frost talked with the principal of Church Hill Middle School and obtained an agreement for an alternative reading program for students whose parents objected to the assigned Holt reader. The students who elected the alternative program left their classrooms during the reading sessions and worked on assignments from an older textbook series in available office or library areas. Other students in two elementary schools were excused from reading the Holt books.

B.

In November 1983 the Hawkins County School Board voted unanimously to eliminate all alternative reading programs and require every student in the public schools to attend classes using the Holt series. Thereafter the plaintiff students refused to read the Holt series or attend reading classes where the series was being used. The children of several of the plaintiffs were suspended for brief periods for this refusal. Most of the plaintiff students were ultimately taught at home, or attended religious schools, or transferred to public schools outside Hawkins County. One student returned to school because his family was unable to afford alternate schooling. Even after the board’s order, two students were allowed some accommodation, in that the teacher either excused them from reading the Holt stories, or specifically noted on worksheets that the student was not required to believe the stories.

On December 2, 1983, the plaintiffs, consisting of seven families — 14 parents and 17 children — filed this action pursuant to 42 U.S.C. § 1983. In their complaint the plaintiffs asserted that they have sincere religious beliefs which are contrary to the values taught or inculcated by the reading textbooks and that it is a violation of the religious beliefs and convictions of the plaintiff students to be required to read the books and a violation of the religious beliefs of the plaintiff parents to permit their children to read the books. The plaintiffs [1061]*1061sought to hold the defendants liable because “forcing the student-plaintiffs to read school books which teach or inculcate values in violation of their religious beliefs and convictions is a clear violation of their rights to the free exercise of religion protected by the First and Fourteenth Amendments to the United States Constitution.”

C.

The defendants filed a motion to dismiss or, in the alternative, for summary judgment. The district court granted the defendants’ motion for summary judgment, concluding that although passages in the reading textbooks might offend sincere religious beliefs of the plaintiffs, the books appeared neutral on the subject of religion and did not violate the plaintiffs’ constitutional rights. Mozert v. Hawkins County Public Schools, 582 F.Supp. 201 (E.D.Tenn.1984). On appeal this court reversed and remanded for further proceedings. Mozert v. Hawkins County Public Schools, 765 F.2d 75 (6th Cir.1985). This court concluded that summary judgment was improper because issues of material fact were present. This conclusion was based largely on the fact that the defendants had filed an answer in which they put in issue, either denying categorically, or for lack of information, many of the allegations of the complaint including the basic issues of the sincerity of the plaintiffs’ religious beliefs and the burden that use of the Holt series placed upon those beliefs. In remanding, this court stated, “The court expresses no opinion on the merits of the plaintiffs’ claims or those of the defendants as we have considered only the procedural posture of the case under Rule 56, Federal Rules of Civil Procedure.” Id. at 79.

II.

Following remand the Commissioner of Education of the State of Tennessee was permitted to intervene as a defendant. At a pretrial hearing the parties made certain stipulations. Counsel for the defendants stipulated that the plaintiffs’ religious beliefs are sincere and that certain passages in the reading texts offend those beliefs. However, counsel steadfastly refused to stipulate that the fact that the plaintiffs found the passages offensive made the reading requirement a burden on the plaintiffs’ constitutional right to the free exercise of their religion. Similarly, counsel for the plaintiffs stipulated that there was a compelling state interest for the defendants to provide a public education to the children of Hawkins County.

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827 F.2d 1058, 102 A.L.R. Fed. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mozert-v-hawkins-county-board-of-education-ca6-1987.