A federal judge today ruled against the Joplin R-8 School District in a lawsuit filed after a May 2015 North Middle School field trip to Victory Ministries Sports Complex.
Judge Douglas Harpool's decision prohibits further field trips to Victory or other religious venues. The district will have to pay nominal damages to the plaintiff, Jane Doe and her children, plus attorney fees, expenses and costs.
The ruling also seems to put the district's sex education program, which is operated by the Christian organization Life Choices and conducted at Victory Ministries, in jeopardy.
Harpool's ruling said the district was essentially promoting religion with its various dealings with Victory Ministries and criticized former Superintendent C. J. Huff and Joplin High School Principal Brandon Eggleston (formerly North Middle School principal) for their actions after concerns about Victory's permission slips had been brought to their attention prior to the field trip.
Harpool noted that Victory had agreed to remove a paragraph that allowed its employees to proselytize, but Huff and Eggleston never sent the revised permission slips.
Superintendent Huff and Principal Eggleston inexplicably chose not to communicate that
information to parents and students. That decision alone raises serious concerns regarding the
purpose and motivation of school district officials. It is puzzling to this Court that school
officials chose not to communicate that message to parents.
The ruling also criticized Huff and Eggleston's decision to leave in a portion of the agreement that allowed Victory to use students' names and photos to promote itself.
The November 16, 2015 revised
waiver and release form deletes paragraph 6 (which allowed proselytizing). However, it retains paragraph 10 of the earlier
release form which requires participants to grant permission
for Victory to use the likenesses of the participants for advertising, trade, or any other purpose
whatsoever. Victory did, in fact, use photos of school events and the Joplin District’s school
buses in its advertising and marketing. A public school student cannot be required to allow his
or her likeness to be used in advertising for a Christian ministry in order to take advantage of
opportunities sponsored by public schools funded by public tax money.
While the Constitution doesn't prohibit occasional use of religious facilities for a social function, Harpool wrote, "Here, the frequencies, consistency, and extent of the relationship between the Joplin District and Victory goes well beyond occasional or incidental use and impermissibly entangles the Joplin District with religion." This would be true even without the problems with the permission slips, he added.
The district's sex education program also violated the Establishment Clause, Harpool ruled. "While it is not the purpose of this court to control, dictate, or write the curriculum of the Joplin District, it is the responsibility of this court to protect the constitutional separation of church and state.
"The fact that the Joplin School District uses public tax money to transport students to a Christian facility to be taught a sex education 'curriculum' by representatives of a Christian organization rather than public school teachers, is of grave concern."
Background of the lawsuit
While the lawsuit began after a field trip provided to North students as a reward for their work on the MAP tests, it developed into more, as an entangling web of connections between the district and Victory Ministries was developed through discovery.
From the opinion:
Doe Child I was eligible to attend the North Middle School eighth grade field trip
rewarding students for effort on the MAP test.
However, when he presented the waiver to his
mother, and discussed it with her, both agreed he should not attend due to the religious nature
and beliefs of Victory. Doe Child I’s mother visited the Victory website and learned more about
its unambiguous Christian mission and purpose. She objected to signing a waiver allowing her
child to be proselytized on a school trip. She did not want her child to be exposed to Christian
indoctrination, including Christian Bible study and messages.
Another Doe child was taken to Victory Ministries for sex education classes.
In March 2015 at Victory, Doe Child III was exposed to sex education instruction conducted by employees of
the Christian-based organization, Life Choices, rather than public school teachers. The
instruction was abstinence only. Prior to the trip, the Doe Child’s mother had disallowed her
children from participating in sex education class at North Middle School when she learned that
Life Choices was instructing the class, rather than public school teachers.
The relationship between Joplin R-8 and Victory
The opinion describes how the field trip came about and the permission slips that brought a warning from an attorney for the American Humanist Association that a lawsuit would be filed if the trip took place.
The permission slips not only allowed Victory employees to present religious messages to the students, but also gave Victory complete rights to use any photos taken of the children in its promotional materials.
From the opinion:
At some time prior to the field trip, a letter was forwarded to the Joplin District by
Victory suggesting use of its facility as a venue for school trips. The letter included fliers that
included the Victory logo with the Christian cross and the word “ministry.” Also included in one
of the fliers was a testimonial from a Joplin High School official describing past Joplin High
School events at Victory.
Defendant Eggleston visited Victory’s recreational facility at least
twice before the North Middle School field trip. The first time he visited was when it was being
operated by Bridge Ministries, and the second time was in May 2014 for a district-wide secretaries’ luncheon the school district hosted at the facility.
The North Middle School field
trips to Victory were specifically approved by Jason Cravens, the Joplin District’s Executive
Director of Secondary Education, and by then Superintendent of Schools, Dr. Huff.
On or about May 4, 2015, North Middle School sent home permission slips and waivers
with students for parents to sign as a requirement to attend the trip. The waiver was stapled to
the permission slip. Parents were required to sign the waiver in order for their child to attend the
field trip at its facility. It was a Victory
requirement.
Paragraph 6 of the March 17, 2015 waiver and release form reads:
¶ 6. We (I) understand that the officers, officials, agents, other participants and
employees of Victory Ministry and Sports Complex may be inviting me or (my)
our students to Bible studies and local churches of the Christian faith. While at
any Victory Ministry and Sports Complex location or event (my) our student(s)
has permission to participate in worship services, Bible studies or any other
activities that may pertain to the Christian faith.
Defendant Eggleston read the waiver and release form prior to the field trip. Also
included in the waiver and release form was Paragraph 10, which reads as follows:
¶ 10. We (I) hereby grant Victory Ministry and Sports Complex the absolute right
and permission to copyright and use, re-use, publish, and republish photographic
portraits, pictures and/or videos of me and/or our (my) child or in which I and/or
our (my) child may be included in whole or in part, or composite or distorted in
character or form, without restriction as to changes or alterations, in conjunction
with our (my) child’s own or fictitious name, made through/for any medium for
use in any art, advertising, trade, or any other public purpose whatsoever. I also
consent to the use of any material printed in conjunction therewith. I hereby
waive any right that I or the minor may have to inspect or approve the finished
product or products or the advertising copy of printed matter that may be used in
connection therewith or the use to which it may be applied.
Prior to the field trip, the Joplin District received
inquiries questioning the propriety of the trip. Based on these complaints, Defendant Eggleston
e-mailed then Superintendent Huff noting that the trip was not mandatory and no child was
required to attend.
Additionally, Defendant Eggleston contacted the Victory staff and was
assured there would be no “preaching” to the students. When Superintendent Huff was
contacted by the American Humanist Association expressing concerns that the trip would violate the Establishment Clause, he acknowledged that the permission slip was inappropriately
worded but denied the trip violated the Establishment Clause.
Superintendent Huff was made
aware that if the trip proceeded as scheduled, litigation would likely ensue. In response to the
complaints, Principal Eggleston agreed that in the future, if the venue was to be used for trips, a
request would be made to omit paragraph 6 from the Victory waiver and release form.
When Victory learned of parents’ concerns, they informed the Joplin District that parents
could strike paragraph 6 from the waiver and release form if they so desired. However,
Superintendent Huff, Defendant Eggleston, and the Joplin District determined not to advise
parents of their option to strike out paragraph 6 of the waiver, and to “go on as it’s written.”
Defendant Eggleston met with the North Middle School faculty attending the trip, instructing
them to monitor Victory employees to ensure no proselytization occurred. However, Victory
staff present during the North Middle School field trips were not given instructions regarding
proselytization.
While the North Middle School field trips were the events that precipitated this litigation,
they are not the only examples of the Joplin District’s use of Victory facilities. The Court notes
other schools within the Joplin District have also used Victory facilities on numerous occasions.
For example, the Joplin District regularly hosts high school excursions to Victory facilities for
abstinence-only sex education titled “Battle of the Sexes” provided by Life Choices, a Christian-based organization.
The trips take place during school hours, and school buses take the
students to the Victory facilities. The trip is considered part of the “curriculum” of the Joplin
District. The adults who teach the Joplin High School students while at Victory are selected by
the Connection Institute, the prevention services arm of Life Choices.
Life Choices programming held at Victory for Joplin High School students does not
include information about contraception or abortion - they teach abstinence only. Battle of the
Sexes is the incarnation of a program that started in 2010 by Melissa Winston at Life Choices
called “Man Up” for boys and “My Life” for girls. Winston was previously Youth Development
Coordinator for Life Choices Medical Clinic and Resource Center. Since November 2013,
Winston has served as Director of Community Engagement for the Joplin District. The Man
Up/My Life events have been held at Victory or its predecessor since 2010.
Approximately 800
Joplin High School students are transported to Victory during school hours and attend Battle of
the Sexes Life Choices program each year.
On March 11 and 12, 2014, Joplin High School took its junior class to Victory for a two-day
Battle of the Sexes event. The event was held from 1:00 – 3:00 each afternoon and
approximately 800 students attended.
On March 11, 2014, Victory posted information on its
official Facebook page captioned “Victory Worship Sessions” describing the Joplin High School
Battle of the Sexes event, along with four pictures from the event. One of the photos posted on
the March 11 Facebook page shows a Joplin school bus parked in front of a large Victory banner.
On March 12, 2014, Victory posted a second message on its Facebook page,
“Victory Worship Sessions,” about the JHS Battle of the Sexes event, along with four pictures.
The post stated:
Good Wednesday Morning!
We started out this day with worship and prayer for our schools, community and
nation...believing that God is in control and worthy to be praised! This morning’s
session led by Joshua Bussey. God’s faithfulness endures forever! Once again, thank you Joplin School District for allowing us to pour into these
students’ lives.
In addition, the Joplin High School regularly uses, and pays Victory for the use of Victory facilities for its cheerleading practices and “Fusion” events, which are school initiatives
for seniors and juniors to support freshman students.
Two elementary schools in the Joplin District, Soaring Heights Elementary and Columbia
Elementary, also took school children to Victory’s facilities for celebration field trips in May of
2015. Victory required parents of both schools to sign the waiver and release forms before their
children could attend the event. A building use agreement, similar to the one executed for the
North Middle School trip, was executed for each of the trips. The Joplin District also paid
Victory for these trips, which took place during school hours.
13 comments:
Okay, so who believe that Eggelston could have made any decision. This was entirely on the ego of CJ Huff.
Joplin School District - allowing religion in, kicking behavioral health support out!
....and get those transgender restrooms ready, too...
I just feel sorry for the kids. Victory is a fun place to go even if you aren't a religious person. Too bad the administration messed it up for everyone by not following the law. And too bad the parent was so closed minded that they couldn't teach their child tolerance for other faiths and or doctrines that weren't the same as their own.
The judge should re-read the constitution and show us where there is a separation of church and state clause. It does not exist. The constitution says " that legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof." So, lets quit remaking history by liberals to weaken our country's values.
You think the parent was being close-minded? What if they had been heavily endorsing atheism to a Christian child against the parents wishes? The Christian parent would in no way be close-minded. They would be right to do whatever it took within the law to make sure it stopped and that other Christian parents became aware of the situation.
The judge is an Obama appointee. There is a good chance this is overturned by the 8th Circuit.
The school established a religion when they only offered rewards and sex education to Christian children who also agreed to endorse the church of the school's choice.
This judge had too much time on his hand; his usefulness is over-- perfect example of need for term limits!
Harvey Hutchinson 303-522-6622 voice&text 24/7
Then the Christian parent would be just as closed minded, and insecure in their faith and teaching. Children are going to be exposed to all kinds of things in this world. I personally choose to let it happen to my kids so we can talk about it and I can give them my input and guidance. I understand not all parents feel the same as I do. My children and I still suffer the consequences when they get activities and learning opportunities denied because some parents choose to censor their children's experiences rather than choose unpleasant or disagreeable circumstances as a learning experience.
Lifechoices teaches choice. According to the CDC the healthiest choice is abstinence. They also teach that if the student decides to choose to have sex the best choice is to use contraception. It goes into detail what contraception would be best and how effective according tot he CDC they are. Lifechoices also states that abortion is an option but they do not go into any detail for or against due to school districts asking them not to.
My child attended this field trip yes I am believe in god and teach my children to do so as well! They had fun and it was not preaching just a place for kids to have fun and hang out with their friends
'Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State.'
- Thomas Jefferson, 1802, expressing his understanding of the meaning behind the Establishment Clause
AKA one of the founding fathers responsible for said Constitution. Not, as some would have it, a recent liberal ret-con.
Text of the letter cited is available here:
http://www.loc.gov/loc/lcib/9806/danpre.html
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