Plans, Inc. v. Sacramento City Unified School District Twin Ridges Elementary School District

319 F.3d 504, 2003 Daily Journal DAR 1584, 2003 Cal. Daily Op. Serv. 1232, 2003 U.S. App. LEXIS 2190, 2003 WL 262174
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 10, 2003
Docket01-16437
StatusPublished
Cited by12 cases

This text of 319 F.3d 504 (Plans, Inc. v. Sacramento City Unified School District Twin Ridges Elementary School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plans, Inc. v. Sacramento City Unified School District Twin Ridges Elementary School District, 319 F.3d 504, 2003 Daily Journal DAR 1584, 2003 Cal. Daily Op. Serv. 1232, 2003 U.S. App. LEXIS 2190, 2003 WL 262174 (9th Cir. 2003).

Opinion

OPINION

WARDLAW, Circuit Judge.

The People for Legal and Non Sectarian Schools (“PLANS”) sued the Sacramento City and Twin Ridges Elementary school districts for sponsoring and supporting Waldorf schools with public funds. PLANS appeals the district court’s judgment and order denying it taxpayer standing. Because PLANS does not challenge a specific program or activity, but rather the Waldorf school curriculum as a whole, and because the schools are supported by a measurable amount of public funds, we find that PLANS enjoys taxpayer standing to proceed. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I. Background

PLANS is a non-profit California corporation whose members include taxpayers residing in both the Sacramento City Unified School District (“SCUSD”) and the Twin Ridges Elementary School District (“TRESD”). One of PLANS’s objectives is to educate the public about the nature of the education provided by Waldorf schools.

Austrian-born Rudolf Steiner developed the Waldorf system of education in 1919 when he founded a school in Germany for the children of the Waldorf-Astoria cigarette factory workers. Waldorf education involves alternative teaching methods, including the incorporation of the arts into all subjects, three- to four-week block subject lessons', and integration of various subjects, such as storytelling, reading myths and legends, learning handcrafts, cooking, gardening, painting, music, and movement. Before founding the Waldorf method of education, Steiner formulated a “spiritual science” known as “Anthroposo-phy.” PLANS alleges, and for purposes of these proceedings, the school districts concede, that Anthroposophy is a religion, inseparable from Waldorf education.

In 1993, as part of its voluntary desegregation plan, SCUSD proposed that several of its schools become magnet schools, each with a specialty focus. One of the district’s schools, the Oak Ridge School, chose the Waldorf method as its magnet focus. The SCUSD school board approved Oak Ridge’s magnet focus in April 1995. Oak Ridge began operating as a Waldorf-methods magnet school soon afterwards. Before the 1997-98 school year, Oak Ridge changed locations and was renamed the John Morse Waldorf Methods Magnet School. During the 1997-98 school year, John Morse received public funding, including magnet funds in the amount of $188,580.

*506 The teachers at John Morse receive training from Rudolf Steiner College, a teachers’ college specializing in Waldorf educational methods. The parties dispute whether the teacher training program excludes all topics of a spiritual, religious, or Anthroposophical nature.

Meanwhile, TRESD agreed in 1994 to sponsor a Waldorf charter school. The Twin Ridges Alternative Charter School opened in September 1994, and became the Yuba River Charter School the following year. As a charter school, Yuba River is largely publicly funded. The parties dispute whether Anthroposophy is part of the Yuba River curriculum.

In February 1998, PLANS filed a complaint against the school districts for declaratory and injunctive relief. PLANS alleges that the school districts’ sponsorship and operation of Waldorf schools constitutes an establishment of religion in violation of the First and Fourteenth Amendments of the United States Constitution, as well as Articles XVI, § 5 and IX, § 8 of the California Constitution. In response to PLANS’s complaint, the school districts moved for summary judgment or summary adjudication, contending that PLANS lacks taxpayer standing to bring this suit.

Initially, the district court denied the school districts’ motion, reasoning that PLANS challenged the schools’ curricula as a comprehensive unit, not merely an isolated activity for which a separate public expenditure could be identified. It also held that PLANS had raised a genuine issue of material fact as to the role of Anthroposophy in Waldorf education. The school districts sought permission to file an interlocutory appeal on the question of taxpayer standing, which we denied. PLANS, Inc. v. Sacramento City Unified Sch. Dist., No. 00-80002 (9th Cir. Apr. 27, 2002) (unpublished order denying petition for permission to appeal).

As trial on the matter approached, however, the school districts filed a notice of new authority, asserting that the Second Circuit’s decision denying taxpayer standing in Altman v. Bedford Central School District, 245 F.3d 49 (2d Cir.2001), supported a similar judgment in this case. As a result, the district court ordered PLANS to provide a further offer of proof as to the “expenditure of public monies for the activities that are objected to in this complaint.” PLANS submitted further briefing, reiterating its objection to the entirety of the Waldorf schools and their funding by the public school districts.

The district court found PLANS’s offer of proof insufficient, because the only expenditure identified with particularity as directly attributable to the Waldorf method was not shown to increase SCUSD’s teacher training costs by any amount, and thus PLANS had failed to show that adoption of the Waldorf method added any sum at all to ordinary operations costs. It held that in the absence of such a showing, PLANS lacked taxpayer standing to sustain this suit.

II. Discussion

PLANS’s standing depends upon whether its claim of public funding of Waldorf education is a “good-faith pocketbook” challenge. Doremus v. Bd. of Educ., 342 U.S. 429, 434-35, 72 S.Ct. 394, 96 L.Ed. 475 (1952). A good-faith pocketbook challenge identifies a measurable sum of public funds being used to further a challenged activity. Here, where PLANS objected to the entire Waldorf curriculum of the two schools in question and identified public funds used for those schools, we conclude that it raises a good-faith pocketbook challenge.

*507 We review de novo a district court’s grant of summary judgment. Cole v. Oroville Union High Sch. Dist., 228 F.3d 1092, 1097 (9th Cir.2000). “Viewing the evidence in the light most favorable to the nonmoving party, and drawing all reasonable inferences in its favor, we must determine ‘whether the district court correctly applied the relevant substantive law and whether there are any genuine issues of material fact.’ ” Id. (quoting Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc)). We also review issues of standing de novo. Id. at 1097-98; see also Bruce v. United States, 759 F.2d 755, 758 (9th Cir.1985) (reviewing taxpayer standing).

Standing derives from the Article III requirement that federal courts hear only live cases and controversies. Cole, 228 F.3d at 1098 (citing Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.,

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319 F.3d 504, 2003 Daily Journal DAR 1584, 2003 Cal. Daily Op. Serv. 1232, 2003 U.S. App. LEXIS 2190, 2003 WL 262174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plans-inc-v-sacramento-city-unified-school-district-twin-ridges-ca9-2003.