Wed, 01 Dec 1999

Compromise offered in dispute over Waldorf education in US public schools

/ Kompromißangebot im Streit über Waldorferziehung in öffentlichen Schulen in den USA

By Christian von Arnim

Sacramento, 30 November (NNA) - Lawyers acting for two school districts in the US state of California have offered a compromise to settle a court case aimed at stopping Waldorf education being applied in the schools concerned.

The Sacramento City Unified School District and Twin Ridges Elementary School District have made a formal offer (a so-called Rule 68 offer) to the plaintiff, PLANS, to resolve the litigation involving Waldorf method instruction in the John Morse Waldorf Methods Magnet School and the Yuba River Charter School.

PLANS (People for Legal and Nonsectarian Schools) initiated court action against the two schools in 1998 for violation of the Establishment Clause of the U. S. Constitution's First Amendment, mandating neutrality toward religion, and violation of the California state constitution, which has an even stronger clause prohibiting establishment of religion.

PLANS claims that the districts teach religion in their Waldorf schools, a charge which the schools deny.

According to Christian M.  Keiner, the lead lawyer acting for the school districts, this offer, if accepted by PLANS, would result in a permanent injunction prohibiting the classroom teaching of anthroposophy or the published works of Rudolph Steiner and the expenditure of school district funds for Waldorf private education courses, excepting courses designed for public school teachers. It would also result in the payment of limited attorneys's fees to PLANS.

This offer is considered by the school districts to be consistent with the original intent of the districts in developing the Waldorf programs. The programs would continue.

Keiner said:

This offer would save the taxpayers' money. It would remove any conceivable potential for unconstitutionality in either school, while allowing both innovative programs to continue for the benefit of students. The schools prefer to spend dollars on kids, not court battles.

However, Keiner added: “While we hope for early resolution of this case, if PLANS does not accept this offer the school districts will vigorously defend these programs in the federal courts.”

PLANS has until Friday (3 December) to respond to the offer and if no settlement is reached, the full case is expected to be heard in February 2000.

In response to the PLANS court action, Sacramento City Unified School District filed a motion for summary judgement in May 1999, in which the court had to decide whether the case should be dismissed without a full hearing on the issues brought forward by PLANS.

The judge denied the motion for summary judgement in September 1999 because he believed the case could not be decided without a hearing to resolve important facts that were in dispute. However, the court did rule that the public school programs using Waldorf methods have a secular (non-religious) purpose.

PLANS claims, among other things, that public Waldorf schools are intrinsically and inseparably based on “a new-age occultic religion called Anthroposophy; public Waldorf school curriculum decisions and teacher training are grounded in Anthroposophy's spiritualist child development model, based on reincarnation and other occult ideas; publicly-funded use and reliance upon the doctrines of Anthroposophy impermissibly endorses that religion in violation of the U. S. and California constitutions.”

PLANS further claims that public school teachers were “indoctrinated in Anthroposophy as a mandatory part of their training for the adoption of the Waldorf method in their public schools.”

But the school districts dismiss such claims and argue that they do not consider Waldorf instructional methods to be based on any religious creed. The schools also say that they do not teach religion, anthroposophy, or any of the personal philosophical beliefs of Rudolf Steiner. Both schools run orientation programs for prospective parents and parents can freely decide whether they wish to enrol their children in the schools or not.

Private Waldorf schools have existed in the United States since 1928. Within the last decade, approximately a dozen public schools have adopted Waldorf methods. Waldorf parents include Paul Newman, Joe Namath, and Mikhail Baryshnikov. Waldorf graduates have included Victor Naavasky, publisher of The Nation and Ken Chenault, president of American Express. Waldorf requires intense parental involvement in their children's school and education.

PLANS was formed in late 1995 by former Waldorf parents and teachers. The group comprises an unusual coalition of interests ranging from non-religious sceptics to evangelical Christians, including the right-wing Pacific Justice Institute, which has underwritten financial support for PLANS' court action. PLANS' lawyer, Scott M.  Kendall, is cited by the Institute as a “PJI sponsored attorney”.

It is hard to reconcile PLANS' claim to be opposed to religion in public schools with the PJI's espousal of religion in public life. The PJI supports distribution of Christian literature in public buildings and is threatening to sue another school district for the its exclusion of religious counselling services in referral lists provided to students and staff.

ENDS

N991201-01EN Date: 1 December 1999

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