Stark v. Independent School District, No. 640

123 F.3d 1068, 1997 WL 473963
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 21, 1997
Docket96-3250
StatusPublished
Cited by2 cases

This text of 123 F.3d 1068 (Stark v. Independent School District, No. 640) 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
Stark v. Independent School District, No. 640, 123 F.3d 1068, 1997 WL 473963 (8th Cir. 1997).

Opinions

WOLLMAN, Circuit Judge.

This is an appeal from an injunction enjoining the operation of a public school. We reverse and remand with directions to dismiss the complaint.

Factual Background

Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. It covers approximately 225 square miles of agricultural land, including the towns of Wabasso and Vesta. The district operated elementary schools in both Wabasso and Vesta until the 1988-84 school year. It closed the Vesta elementary school and sold the building in May 1984. Thereafter, the Vesta children attended the Wabasso school, which is approximately fourteen miles from Vesta.

Lloyd Paskewitz bought the old Vesta elementary school building in 1991. Paskewitz and several other Vesta families are members of a religious group known as the Brethren, a group that originated in Dublin, Ireland, in the late 1820s.1 See Bryan Ronald Wilson, “The Brethren” A Recent Sociological Study (1981). (Appellees’ App. Ex. W.) It is undisputed that the Brethren have a sincerely held religious belief in avoiding the use of technology, including televisions, radios, videos, films, and computers.

In August 1992, Paskewitz, on behalf of several of the Vesta Brethren families, wrote to Dr. George Bates, the district’s superintendent, about the possibility of reopening the Vesta elementary school in the form of a multi-age classroom. Paskewitz offered to lease space in the old school to the district in consideration of the district’s providing a teacher and supplies. Paskewitz’s letter stated, “[w]e would have no objection to it being a public school,” but requested that “the charter of the school in Vesta” contain a clause stating “[tjhat no T.V., Radios, Videos, and Computers be used.” Paskewitz stated that there were approximately twenty-one Brethren children that would be interested in attending and that the group had heard that other, non-Brethren children might be interested in attending the Vesta school. Pas-kewitz’s letter also noted that the Brethren children would not require transportation or school lunches, as the children could walk to school and would go home for lunch in accordance with their religious beliefs.

Dr. Bates attested that he considered the feasibility of opening a multi-agé classroom in Vesta. He stated that the primary benefits of such a classroom included the reduction in the number of students being bussed to Wabasso, the availability of an additional multi-age classroom, the reduction in class sizes in grade-specific classrooms, and the alleviation of space shortage in the Wabasso building. He noted that the relative costs of the proposed classroom were minimal. After holding public meetings, the school board unanimously approved the proposal. Members of the school board attested that they approved the opening of the Vesta school for several reasons, most of which were financial. Opening the Vesta school would prevent the Brethren children from possibly being home-schooled, which would have meant a loss in state aid of roughly $3,200 for each student withdrawn from school. A Vesta school eliminated the need to bus Vesta students to Wabasso, and it was more economical to send one teacher to Vesta than to bus Vesta children to Wabasso. Additionally, opening a multi-age classroom in Vesta would provide educational benefits for those students who otherwise might have been home-schooled. Dr. Bates and the school board members attested that during the approval process they did not discuss the religious backgrounds of the parents or students who might attend the Vesta school, nor were [1071]*1071those religious backgrounds relevant to their decision.

A three-year lease was signed on October 12, 1993, by the district, Paskewitz, and the Brethren.2 The lease provided that the Vesta school would be operated by the district in the form of a multi-age classroom and would be “a public school for any resident student in the School District.” The district would provide teachers and administrative services, establish the curriculum “in compliance with state laws and rules,” and provide classroom materials for instruction. The parents of the Brethren children would “have the right to comment on and provide input regarding” classroom materials “to the same extent as other parents in the School District,” but the district retained “the sole discretion” regarding “final approval” of textbooks and instructional materials. The lease provided that “[t]he School District shall, to the extent permitted under applicable law and rules and regulations ... limit the use of technology such as television, radio, audio and/or video recordings, computers and movies in the classrooms at the school.” The district would provide special education, certain federally funded educational services, and counseling services, as well as instruction in health, physical education, and music at the Wabasso School to any Vesta students needing them.3 The lease stated that “[a]ll policies adopted by the [School District] ... shall apply at the [Vesta] school.” Paskewitz and the Brethren agreed to pay all utilities, provide custodial services, repair and maintain the building and grounds, pay property taxes, provide property and liability insurance related to the building, and remove snow.

The district planned to operate three mul-ti-age classrooms during the 1993-94 school year, two in Wabasso and one in Vesta. The district solicited students for these classrooms, and fifty-four students signed up and were allowed to request which school they wished to attend. Thirty-five chose the Wa-basso school, and the remaining nineteen chose the Vesta school. Eleven parents of twenty-nine current or former Vesta students attested that they preferred sending their children to the Vesta school rather than the Wabasso school because they liked the convenience of having their children attend a school within walking distance and having their children come home for lunch. They also preferred the multi-age Vesta classroom to a grade-specific one in Wabasso.4 Although the Vesta school is open to any student in the district who wishes to attend there, apparently only Brethren children have attended the Vesta school since it opened.

Dr. Bates and the two Vesta teachers attested that the same elementary curriculum is taught at the Vesta school as is taught at the Wabasso school. Technology, in the form of computer instruction, is a standard part of that curriculum for each grade level. The teachers testified that when the Vesta school first opened, students wishing computer instruction would have been bussed to the Wabasso school to receive it. Both attested that the district now provides computer and audio/visual equipment to them at the Vesta school upon request. Although technology is available to all students, both teachers testified that they do not regularly use technology in their classroom instruction.

Minnesota law requires school districts to establish a procedure that allows parents to review the content of instructional materials provided to a minor child. If the parent objects to that content, the district must make reasonable arrangements for alternative instruction. See Minn.Stat. Ann. § 126.699 (West 1994): The district’s policy allows students with religious objections to be excused from objectionable classes or activities. If the class or activity is a required one, “suitable alternative activities shall be [1072]*1072provided.” Dr.

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123 F.3d 1068, 1997 WL 473963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stark-v-independent-school-district-no-640-ca8-1997.