PLANS

Mission statement

The group describes its mission as to

"Provide parents, teachers, and school boards with views of Waldorf education from outside the cult of Rudolf Steiner."

"Expose the illegality of public funding for Waldorf school programs in the US."

"Litigate against schools violating the Establishment Clause of the First Amendment in the US."

PLANS lawsuit

In February 1998, PLANS filed suit against two California public school districts, Sacramento City Unified School District and Twin Ridges Elementary School District, operating Waldorf-methods schools; one operating a Waldorf-based charter school and the other operating a Waldorf-based magnet school. In the complaint, PLANS argued that it was "informed and believes that a primary purpose and primary effect of said operation of Waldorf schools is to advance religion, including the religious doctrines of Anthroposophy", and as such were acting in violation of the First and Fourteenth Amendments of the United States Constitution and Article IX of the California Constitution.

In response to PLANS' 1999 Motion for Summary Judgement, the Court ruled against their contention that the primary purpose of the program in those schools was to advance religion, finding that the two school districts targeted have a secular, non-religious purpose for implementing Waldorf teaching methods in their schools, but allowed the case to proceed on the second question, whether a primary effect of the programs may be the unintended consequence of endorsing any religion to an extent that violates the Constitution.

Case dismissed on its merits

The trial was scheduled on September 12, 2005, and was expected to run for 16 days. The presiding judge determined two issues to be decided in the trial. The first issue was to determine if anthroposophy is a religion for Establishment Clause purposes - the defendants contended it was not. The second issue, which required first an affirmative ruling that anthroposophy is a religion for Establishment Clause purposes, would decide whether the public schools in those two districts were promoting anthroposophy to an extent that violated the U.S. Constitution.

The trial convened as scheduled, but ended in 30 minutes after PLANS failed in their legal burden to present an offer of proof (proffer) of evidence sufficient to prove anthroposophy was a religion. PLANS' attorney told the court PLANS could not meet its burden, and that as a result of earlier evidentiary rulings before the court, it could furnish no witnesses at trial to testify anthroposophy was a religion. PLANS did attempt to introduce one piece of documentary evidence on the religion issue. Arguments were heard, but no evidence was presented during the trial. The court ruled that PLANS failed its evidentiary burden of proof, and ordered the case be dismissed on the merits.

Decision is appealed

PLANS filed a notice of appeal of the decision in November, 2005. The appeal claims that the earlier rulings preventing PLANS from calling two defense expert witnesses for their own case-in-chief left them no witnesses able to give evidence that anthroposophy was a religion. The earlier rulings resulted from pretrial motions submitted six months prior to trial. The two witnesses PLANS wished to call were first disclosed by the defendants as witnesses against PLANS in the case. PLANS argues in the appeal that an automatic disclosure rule cited by the judge, though in effect at the time of trial in 2005, was not in effect in 1998 when the case was filed, and claims the witnesses were fully disclosed under the applicable rules.

Case again dismissed on its merits

In November 2010, the judge in the case dismissed it on its merits a second time. With the exception of one item, the Bylaws of the Anthroposophical Society, all of the plaintiff's evidence was either withdrawn before trial or excluded at trial as inadmissible hearsay. The plaintiff called one percipient witness, not friendly to their cause, and no expert witnesses. In his ruling, the judge cited the plaintiff's attempts to elicit from a percipient witness testimony only allowable from an expert witness, and their "complete failure to present percipient testimony relevant to the essential issues in the case" as already sufficient basis for an adverse judgment. He added, however, that aside from the plaintiff's effective failure to present a viable case, "the evidence suggests that anthroposophy is a method of learning which is available to anyone regardless of their religious or philosophical persuasion. Stated another way, anthroposophy is more akin to a methodology or approach to learning as opposed to a religious doctrine or organized set of beliefs." The judge concluded by giving a detailed analysis on the basis of a number of determining factors why anthroposophy should not be judged a religion for Establishment Clause purposes.

Case history

After its first ruling in 1999, the U.S. District Court—Eastern District of California has issued key rulings on the case in 2001, 2004 and 2005:

In 2001, the Court dismissed the case. A legal precedent set earlier in a similar case in New York, though not related to Waldorf education, led the Court to find that PLANS lacked grounds to claim taxpayer standing in the case. After an appeal by PLANS, the US 9th Circuit Appellate Court in February 2003 reversed the decision on taxpayer standing by the lower court, allowing the case to proceed towards trial.

In May 2004, PLANS filed a motion for summary judgment, or, in the alternative, summary adjudication, requesting that the Court rule that anthroposophy is a religion, based on material presented by PLANS. But the Court did not accept these arguments, and on 15 November 2004 denied the motion, stating that "triable issues of material fact exist as to whether Anthroposophy is a religion". The Court also provided a new opportunity for both sides to declare witnesses and evidence, with a deadline of January 2005 for disclosure of these.

In April 2005, the Court issued an order outlining the trial issues and the evidentiary and procedural guidelines for the trial, scheduled for September 12, 2005. The court separated the issues, stating that it would be first necessary to try the question of whether anthroposophy was a religion, and secondly, whether anthroposophy was present in the schools. The order denied PLANS eleven witnesses, for failure by its attorney to make timely disclosure to Defendants, and 105 of PLANS' exhibits, as a result of discovery sanctions.

In June, 2009, PLANS' lawyer for the case tendered his "resignation with disciplinary charges pending" from the California Bar; previous disciplinary charges in 2007 and 2008 had cited willful violations of the professional code.

In August, 2010 the second trial is set to begin in federal court in Sacramento.

In November, 2010 the ruling on the second trial was published, with a finding against the plaintiff (PLANS) and for the defendants. An appeal was planned with the support of the Pacific Justice Institute.

History of the public activity of the group

PLANS secretary Dan Dugan delivered prepared presentations to various organizations and PLANS distributed packets of prepared print materials to school boards which were at the time considering adopting Waldorf methods in their districts. Dugan also established a webpage for the organization and moderated a public email discussion list, devoted to topics on the Waldorf curriculum, anthroposophy, and to discussion related to the Waldorf schools.

In February 1996, Dugan delivered a slide presentation to the school board in Twin Ridges Elementary School District. The district had been operating a Waldorf-methods charter school for two years. In response to Dugan's presentations, a local committee formed, headed by Baptist pastor, James Morton, and members of the committee argued both in public meetings and through the local media outlets that the school's teachings were in conflict with the US constitution's provision regarding the separation of church and state. Morton soon joined PLANS and took a place on its governing board.

PLANS contacted the California Attorney General in March 1997, arguing for an investigation into Waldorf Methods public schools statewide, urging the officer to act immediately to end the funding of all such schools.

In April 1997, Dugan delivered arguments against the public funding of Waldorf methods education to a board meeting of the Yuba County Office of Education in Marysville, California. The county operated two schools for juvenile offenders which were both engaged in an experimental project to develop a nationally-replicable Waldorf-based educational model. Shortly after this meeting, PLANS set up a picket line at one of the Yuba County Waldorf-based schools. One of the school's teachers joined the PLANS campaign and became Vice-President of their governing board.

In spring 1996, PLANS made its first contact with the Sacramento Unified School District to urge district officials there to discontinue their planned Waldorf methods magnet school program. Conversion to the new program was funded in its first two years by a $491,000 federal grant, much of it used to begin training the school's faculty in the Waldorf approach. The magnet program proceeded as planned, and Waldorf methods were adopted at the beginning of the 1996/97 school year at Oak Ridge Elementary School. A parent survey conducted in the following spring indicated parents were mostly satisfied with this new teaching program. Attendance improved and none of the enrolled students applied for transfer during the district's "open enrollment" period. But 11 of the 26 teachers requested transfers from Oak Ridge School - half for personal reasons, and the rest objecting to the Waldorf teacher training or to its educational philosophy.

Criticism of PLANS

The Oak Ridge School in Sacramento became the target of threats and accusations that its teachers led children through witchcraft and sorcery practices in the classroom. While neither of these accusations could be attributed to PLANS, school officials accused PLANS of playing to public prejudices and paranoia, and arousing anxieties in the community by presenting a distorted view of their teachings to the parents of the school, most of whom weren't English proficient. Local picketers who joined the PLANS protest against Oak Ridge credited the PLANS leaflets as the initial source of their concerns, and the town's newspaper concurred, pointing to data from the school which indicated that since introducing Waldorf methods there had been positive impacts on absenteeism, voluntary re-enrollment, as well as overall parent satisfaction as measured shortly before PLANS' appearance at the school. The paper's editor accused PLANS of alarming parents with claims for which there was no evidence, including the suggestion that Waldorf methods were disguised witchcraft teachings.

Public school officials in California's Marysville, Twin Ridges, Novato and Butte schools criticized PLANS as well; a principal in the Yuba County District, which was the target of PLANS' protests over their two Waldorf methods schools, expressed outrage over "the lies, the distortion of facts" when questioned by a reporter. In reference to the PLANS lawsuit, the Nevada County superintendent of schools characterized it as "despicable" to have to redirect moneys from teachers and curriculum to pay legal costs, and insisted there was no merit to PLANS' accusations. The accuracy and expertise of PLANS officials also came under attack during lawsuit witness hearings. Six of the PLANS board directors and advisors sought to testify as expert witnesses in the case, but each was eliminated due to their lack of expertise on the subjects of anthroposophy and Waldorf education: three were eliminated by the court judge, and the other three subsequently withdrawn voluntarily by PLANS' attorney, Kendall. After reviewing key sections of the deposition testimony taken of PLANS' most vocal spokesperson, Dugan, the judge expressed "grave doubts about any reliance upon his opinions about anything that has to do with any intellectual endeavor, including anthroposophy" before ruling that Dugan would not be allowed to give testimony in the trial.

When PLANS succeeded in convincing board members in Ross Valley and Chico school districts to vote against proposed Waldorf methods charters there, both proposals were welcomed by other school districts nearby, allowing the new schools to go forward., Local news commentators in one of the targeted communities castigated their local school district for caving to PLANS' threat of a lawsuit, and showcased the episode as one of the most notably "boneheaded or downright wrong things" of the past year.

Argumentation by Waldorf methods charter schools and PLANS

Advocates of public Waldorf education claim that Waldorf methods (charter) schools should be able to receive public funding. PLANS claims that although Waldorf representatives often state that a public "Waldorf methods" program has been structured so as not to violate the U.S. Constitution, these schools nevertheless have religious underpinnings. Private Waldorf schools celebrate religious festivals and observe religious holidays, for instance. PLANS asserts that in public Waldorf methods schools these activities are not always avoided and are sometimes simply renamed. PLANS alleges that morning verses recited in the public school in which children thank the sun for its warmth are actually prayers, and claim that the sun is a metaphor Steiner used to refer to Christ. In public Waldorf methods schools in the U.S., "God" has been removed from the verse and replaced with "the Sun" to avoid violation of the U.S. Constitution. PLANS claims this is a cosmetic and not a substantive change.

PLANS also claims that not only private, but also public, Waldorf methods schools are anthroposophical institutions. According to PLANS, public Waldorf teachers are required in most cases to take Waldorf teacher training in which they are asked to read works almost exclusively by Rudolf Steiner, the founder of Waldorf education, the focus of which are Steiner's tenets of anthroposophy.

The two Waldorf methods public schools PLANS brought to court presented numerous witnesses and introduced documents which contradicted this claim. The judge ruled that PLANS could not introduce evidence taken in the context of the private and independent Waldorf schools to argue their case against the public Waldorf-methods schools. The court ruled that private schools are separate entities, and insisted evidence be limited to policies and practices in effect within the litigated public school districts. The two schools furnished statements and documents in this case showing that the teachers in their Waldorf methods schools were held to the same state mandated training and credential requirements as the teachers in other public schools in those districts. In response to a demand to prepare a complete list of all Waldorf-related documents and reading materials related to training or instruction in Waldorf teaching methods, neither school district identified a single text written by Rudolf Steiner. Betty Staley, the Rudolf Steiner College staff member who developed the public teacher training program, testified the college's 1993-1994 Teacher Training Booklists did not apply to the public teacher training program, and that only one of the texts from the lists, Steiner's Philosophy of Freedom, was used by the program.

Waldorf educators and public Waldorf methods education

Some supporters of Waldorf education have suggested that Waldorf education does not belong in government schools. Eugene Schwartz is a prominent teacher and author who has stated that he agreed with Dugan that Waldorf education could not properly be separated from anthroposophy. In Schwartz's view, although Waldorf education is not sectarian, the children are intended to have inwardly religious experiences. In his speech he exemplified this with the way the origin and history of the Jews is taught in grade three in independent Waldorf schools. Schwartz was fired from his position at a teaching college shortly after the speech, and in a later interview, claimed there were many other Waldorf teachers who agreed with him but were afraid to speak out. In Schwartz's opinion, Waldorf education has the goal of making "everything sacramental", and that "willing, feeling, and thinking" are "soul forces" which are intentionally brought to every aspect of the education. Schwartz objected to educators who would reject the movement's religious aspect to suit the requirements of public education. In the interview, Schwartz lamented the fact that, in his view, public Waldorf methods schools are watered-down imitations of authentic Waldorf education.

Schwartz has since become an active promoter of Waldorf education in charter and public schools.