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People for Legal and Non-Sectarian Schools (PLANS) is a lobby group, based principally in San Francisco, U.S. and on the Web, and campaigns against Waldorf education, Anthroposophy and Rudolf Steiner generally, and especially against the public funding of Waldorf methods charter schools. The organization claims that Waldorf education has an occult spiritual basis with origins in Anthroposophy, and that Waldorf schools obscure this by remaining silent about Waldorf education's esoteric educational theory with prospective parents.

The group was founded in 1995 by former Waldorf parents and became a California non-profit corporation in 1997. Its secretary is sound engineer and skeptic activist Dan Dugan. In 2000, Dugan reported 44 members.

Mission statement

The groups describes its mission as to

1. "Provide parents, teachers, and school boards with views of Waldorf education from outside the cult of Rudolf Steiner."
2. "Expose the illegality of public funding for Waldorf school programs in the US."
3. "Litigate against schools violating the Establishment Clause of the First Amendment in the US."

Charter schools law suit

In February 1998, PLANS brought a law suit against two California public schools districts, Sacramento City Unified School District and Twin Ridges Elementary School District, that had funded two Waldorf-methods schools, one a charter school and one a magnet school. History of the law suit]</ref> PLANS argued that because of Waldorf education's basis in anthroposophy, publicly-financed Waldorf methods charter schools are in violation of the "church and state" establishment clause of the First Amendment.

The organization asserted that not only independent Waldorf schools, but also public Waldorf methods schools, formed not to violate the establishment clause of the First Amendment teach Anthroposophy, that anthroposophy is a religion, and that as a result public schools which have adopted Waldorf methods or practices are promoting religion in violation of the US Constitution. PLANS argued in this law suit that a primary purpose and primary effect of the operation of the two Waldorf-methods schools by the school districts was "to advance religion, including the religious doctrines of Anthroposophy". Today, there are 19 Waldorf methods charter schools in California.

In 1999, the Court ruled against the main contention in the litigation, finding that the two school districts targeted have a secular, non-religious purpose for the operation of the two schools using Waldorf methods, but let the case proceed, to find whether public Waldorf-methods programs might have the unintended consequence of directly and substantially advancing religion to such an extent that it violates the U.S. Constitution.

The trial was scheduled on September 12, 2005 and was expected to run for sixteen days. The presiding judge determined two issues which were to be decided in the trial. The first issue was to determine whether 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, now viewed as a religion, to such an extent that it violated the U.S. Constitution.

The trial convened as scheduled, but ended after thirty minutes during which PLANS was ordered to show an offer of proof they had evidence to present on the issues to be decided, and failed to do so. Their attorney admitted to the court they could not meet their burden of proof, and could offer no witnesses and only one piece of documentary evidence on the religion issue to argue before the court. Arguments were heard, but no evidence was presented at the trial. The court determined that PLANS failed to produce any legally-admissible evidence, ruled in favor of the public schools, and ordered PLANS to pay costs.

PLANS is appealing this ruling. The appeal claims that due to an earlier ruling before the court, in which two witnesses PLANS intended to testify at trial were disallowed, PLANS was left with no qualified witnesses able to give evidence that anthroposophy was a religion. This earlier ruling resulted from pretrial motions submitted six months prior to trial. PLANS also argues the court ruled improperly when it refused to allow PLANS to enter their one piece of documentary evidence into evidence.

PLANS contends in their appeal that the two disallowed witnesses were irreplaceable to their case. These witnesses PLANS argued vital to their own case were first disclosed by the defendants as expert witnesses who would testify against PLANS in the case.

As a result of the pretrial motions, the judge ruled:

• the plaintiff, PLANS, could not use the defendants' expert witnesses to testify as experts in their own case in chief,
• the plaintiff also failed in its duty to disclose to the defendants their intention to call these individuals to testify as percipient witnesses prior to the court's deadline for such witness disclosure, and PLANS was thus prohibited from calling them to give percipient testimony

PLANS argues in the appeal that the timely disclosure rule cited in the judge's dismissal was not in effect yet at the outset of the case in 1998, and argues the witnesses were fully disclosed under the applicable rules.

The appeal also argues that the court erred in disallowing attempts to introduce as evidence a particular book which one school sued purchased for inclusion in their educational reference library. PLANS had no witnesses prepared to offer foundational testimony at trial for the evidence, and as a result it too was disallowed, the judge describing it as "rank hearsay". In its appeal, PLANS argues that the school's earlier interrogatory admission to purchasing the book served as an "adoptive admission", and as such no further foundation was necessary prior to introducing it as testimony in evidence at trial. The Defendants dispute the validity of the Appeal.

Ultimately, the only fully qualified expert witness to be heard on the question whether anthroposophy is a religion would have been Douglas Sloan, a witness slated to testify for the defendants. Sloan is a Columbia University Professor Emeritus of Education, adjunct Professor of Religion and Education at the Union Theological Seminary and The Jewish Theological Seminary in New York City and former Director of the Masters Degree Program in Waldorf Education at Sunbridge College, New York.

Since PLANS presented no legally acceptable testimony or other evidence, the defense won the case without calling their witnesses at trial. However, Sloan did submit his testimony rejecting the assertion that anthroposophy was a religion in a declaration. The judge accepted this submission when PLANS filed a motion asking the court to decide the issue prior to trial and declare anthroposophy to be a religion, a motion rejected by the Court.

Case history

After its first ruling in 1999, the U.S. District Court -- Eastern District of California has issued rulings on the case in 2001, 2004 and 2005: See Legal transcripts on Wikisource.

• In 2001, the Court dropped the case based on PLANS' failure to bring sufficient supporting evidence. A legal precedent set earlier in a similar case in New York, though not related to Waldorf education, led the Court to conclude that PLANS lacked a basis to claim taxpayer standing in the case. After an appeal by PLANS, the 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.

• By the January 2005 deadline given by the Court for witness and evidentiary disclosures, PLANS had declared no expert witnesses. It also failed to declare any of the percipient witnesses it later sought to call and all but one of the exhibits it later sought to present.

• 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 101 of PLANS' exhibits, as a result of discovery sanctions.

History of the public activity of the group

In May 1997, PLANS Inc. started campaigning against the addition of Waldorf methods in public schools when parents and concerned citizens began picketing outside Waldorf methods schools in Sacramento and Marysville, CA. Concerns were made vocal among parents, teachers and anti-Waldorf activists that Waldorf engages in what seemed like witchcraft or pagan rituals and practices, and these rumors were soon reported in the media as well.

In a newspaper interview, Dugan commented on the independent Waldorf school in Davis, California: "They believe that there are spirits behind everything. I know there are people who would call that evil. (They) would consider anthroposophy a satanic religion."

When criticized on his anti-Waldorf mailing list by a supporter for the way PLANS used allegations of Wicca and Satanism at Waldorf schools in its campaign against public Waldorf methods schools, Dugan defended this, stating "What I say 'in defense of the Waldorfians' is that 'they don't eat babies.'" and "Am I pandering to the prejudices of Christians? Personally, yes I am!"

Several pickets said they were "in the dark" as to what was happening at Oak Ridge until PLANS - People for Legal and Non-Sectarian Groups - began distributing leaflets outside the school. According to the Sacramento Bee, PLANS suggested that Waldorf methods involve the teaching of witchcraft, and some parents started to believe that the school was religiously opposed to computers.

According to the newspaper, there was no evidence at Oak Ridge to support the claims, and the school had this to say: "The school says computers haven't been installed due to lack of proper wiring. But with a parent population that includes many recent Hmong or Mien immigrants who don't speak English well, PLANS has found fertile ground in which to plant the seed of paranoia."

11 out of 26 teachers were expected to transfer out of Oak Park school - some because they refused to take Waldorf teacher training and some because they disagreed with Waldorf philosophy. Angry parents had this to say: "Marjie Espinoza said she walked the picket line to stand up for five nieces and nephews who attend the school. They and their classmates are being taught satanic beliefs and witchcraft, she said. 'One of the teachers who is against Waldorf showed me some lesson plans,' Espinoza said. 'To me, they were like satanic, witchcraft.'"

District officials said PLANS has used rumors and other tactics in an unsuccessful effort to end Waldorf programs across the state. Katherine Lehman, the resource teacher who helped implement the school's Waldorf program, denied that witchcraft or other "pagan" beliefs were being taught. "I think it's ridiculous," she said. "Anyone can come in and watch what we're doing in our school. . . . It's a very rigorous program, academically structured."

Waldorf methods focus on listening and speaking skills to bolster the development of literacy - an approach that seemed particularly suited to Oak Ridge's student population, 83 percent of which at the time came from homes where English was not the primary language. Throughout the school year, parents seemed mostly satisfied with the new methods, according to a parent survey conducted by the school in March. During the 1996-1997 winter open enrollment period, when parents had the option of placing their child at another district school, none did so. The year's attendance figures were up and, though district test scores were not yet in, teachers reported great strides by their students in reading.

The Sacramento Bee: "What's important now is to counter the misinformation campaign and, if ultimately necessary, accommodate any parents who remain convinced that Oak Ridge is the wrong place for their children."

In July 1997, an evangelical legal organization, the Pacific Justice Institute (PJI) secured a grant on behalf of PLANS from the Alliance Defense Fund (ADF) to initiate a lawsuit by PLANS against two school districts operating two public Waldorf methods elementary schools, the Sacramento City Unified School District and the Twin Ridges Elementary School District, The application was motivated with alleged "Wicca" based practices in one of the schools and complemented with a video of a News story on the picketing. However, during depositions for the trial PLANS secretary, Dan Dugan, testified that he did not believe in the allegations himself.

In August 1997 Dan Dugan started to build a section at his personal web site, that was later developed into the web site of the group . He is also the owner of a discussion list on Topica for critics of Waldorf education from which he republishes all postings at the group's web site.

The mailing list includes discussion of:

• The Waldorf curriculum.
• The role of anthroposophy in Waldorf education.
• The Waldorf science curriculum.
• Anthroposophical approaches to science and medicine.
• Sharing of experiences in Waldorf schools (focusing on negative experiences).
• Anthroposophy and philosophy.

At his mailing list, Dugan also republishes numerous articles about Waldorf education and anthroposophy from different journals, newspapers and web pages world wide, and private mails sent to him, that he and others answer and comment on.

In July 2000, the President and Vice-President of PLANS, Debra Snell and Lisa Ercolano, also founded a separate, confidential list for those who have had negative experiences related to Waldorf Schools, Anthroposophy, Camphill and other anthroposophical initiatives. .

In December 2000, the President and Secretary of PLANS, Debra Snell and Dugan, hired a private detective to attend an outside school hours voluntary advent celebration in a private home for K-3rd graders from one of the public charter schools targeted in PLANS' lawsuit, the Yuba River Waldorf Charter School, with a hidden camera to in secret videotape the children celebrating the coming Christmas. The goal of the action was to prove that Waldorf methods education is religious to school boards considering to support of Waldorf methods at their schools.

Criticism of PLANS

PLANS claim that the Anthroposophical Society and the anthroposophical movement is a sect has been disputed in legal cases in Europe. In 2000, a court case was brought in France against a government minister for making this claim publicly; the court decided that the minister's comments were defamatory. In 1999 and 2006, Belgian courts decided for the Anthroposophical Society in a case where anthroposophy had been included in a list of dangerous sects; the group that had made the list was fined.

The pro-Waldorf lobby group Americans for Waldorf Education is the most vocal critic of PLANS.

Judgement by large web portals

After reviewing the PLANS site, a number of large web portals have decided that it does not qualify as informational site on Waldorf education.

After it had been listed in the "Waldorf theory" category at Open Directory Project (DMOZ) for some time, in 2001, a meta editor at DMOZ decided that it did not qualify as informational site on Waldorf education according to the standards of DMOZ, and removed it from the category.

In 2002, the site was removed from the "Waldorf organizations" category of Google's web directory, and Google AdWords canceled an ad from the group.

After the group started to advertise for its site at Overture, in 2003, Altavista after looking at the site deleted all links to it from its web index, and stopped publishing all ads from Overture for searches on "waldorf", "waldorf education" , and "Rudolf Steiner" , regardless of their origin, to get rid of the ads for PLANS, after Overture in a first instance had removed the ads for PLANS at the request of Altavista, and PLANS had set them up again.

PLANS continues to be listed in the category of Opposing Views on the Esoteric and Occult. together with other sites opposed to alleged Vampirism, Satanism, and Paganism.

Argumentation by Walforf methods charter schools and PLANS

Public waldorf methods (charter) schools claim they should be able to enjoy public funding. PLANS claims not only Waldorf schools, but also public Waldorf methods schools have religious underpinnings. Private Waldorf schools have religious festivals and observe religious holidays. In public Waldorf methods charter schools, such activities that could violate the U.S. Constitution are avoided. Private Waldorf schools have pictures of Raphael's Madonna and Child on the walls of the kindergarten classes, and children say morning verses that address God, by some (including Steiner) described as prayers. In public Waldorf methods schools in the U.S., "God" has been removed from the verse to avoid violation of the U.S. Constitution.

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 and read works almost exclusively by Rudolf Steiner, the founder of both Waldorf education and Anthroposophy, in which tenets of Anthroposophy are discussed in detail and are the focus of the Waldorf teacher training.

PLANS claims Anthroposophy has at its basis esoteric Christianity. Of the 350 published works by Steiner, most of them transcripts of lectures, a number describe spiritual aspects religious traditions, including Judaism, Christianity and Buddism. In one lecture series, "The Fifth Gospel" Steiner describes events, that according to him are based on clairvoyant observations, and not described in the original four Gospels. Other books or lecture series by Steiner are "Christianity as Mystical Fact", "The Bible and Wisdom", "The Apocalypse of St. John", "The Easter Festival in the Evolution of the Mysteries", "Esoteric Christianity and the mission of Christian Rosenkreutz, and "The four Seasons and the Archangels".

These works are part of the foundation of Anthroposophy and it is on this basis that PLANS claims Anthroposophy is a religion and that this means Waldorf methods (charter) schools should not receive public funding. Whether or not Anthroposophy is a religion and whether or not public Waldorf schools not only are based in Anthroposophy, but also mediate this to the pupils to such an extent that it violates the U.S. Constitution is what PLANS has asked a court to decide on.

Waldorf Master Teacher talks about PLANS

Master Waldorf teacher Eugene Schwartz, spoke favorably in a lecture about the need for watchdog groups like PLANS and directly adressed PLANS secretary Dan Dugan who was present at the lecture. Some of what he said in the lecture:

"So, we have demonized Dan Dugan to the point where one is not supposed to talk to him, or one is supposed to take out one's Michaelic sword and cut off his head. And it's all filled with fear; and as far as I understand, fear only lives in a person when they feel severed from the spiritual world. If you feel connected with the spiritual world, you have no fear. We know we can't die; we know death is an illusion; so what's to be afraid of? until they learn from those around them that there are things to fear ... so what I'm being told--and I say it again anyone in this room who's an Anthroposophist knows, leadership is a very vague idea, and any Waldorf parent knows that leadership of a Waldorf school is a rather vague idea--so I was astonished that people did not have faith in the spiritual world that we could meet Dan Dugan and not lose all the parents in a given school; that we could have high school kids coming to hear him, and we'll see next week if they all drop out of Green Meadow. We will really be able to see it--this is a wonderful experiment--how many parents are going to leave Green Meadow because of what they heard last night? How many high school students are going to drop out of school because of what they heard? It's a question. And I will be as interested as anyone in seeing, does Dan Dugan bring destruction to Waldorf schools, does he bring damage, or does he bring something else?

And let me just give you a bit of a hypothesis in a scientific way, so that we will test it and challenge it and see if it holds true: Dan is a lighting designer--he works in a very Ahrimanic world, a world which is highly technical, in which we might say the force of is hardened and brought to a condensation and held prisoner in a way, and then this throws a harsh light on everything. And that's what he's doing to us: he's throwing a harsh unpleasant light--it's not the candlelight of the Waldorf verse, it's the light, the bare bulb, of the interrogation room. But it's light nonetheless.

I would say, and again I'm going to try to present this as well as I can in such a short time, Dan has not created the problem: he is casting a harsh and terrible light on it--but he's not the cause. The cause is already there in the Waldorf movement. He's just bringing it, in the worst way possible, to consciousness. Why? Because we haven't brought it to consciousness ourselves."

Shortly after this lecture, this master teacher left his position as head of Waldorf teacher training and took a position as a Waldorf teacher at a nearby Waldorf school.

References

1. PLANS' article page,PLANS' home page
2. Public schools teaching occult religion? Worldnet Daily News October 1999
3. ^ Cite error: The named reference Litigation was invoked but never defined (see the help page).
4. School is teaching witchcraft, critics say Sacramento Bee, May 16, 1997
5. Editorial: The attack on Oak Ridge Sacramento Bee, June 10, 1997
6. Article in the California Aggie (Davis), dated May 22, 1997
7. Posting by Mr. Dugan on 9 June 1997 on his mailing list.
8. ALLIANCE DEFENSE FUND GRANT REQUEST APPLICATION, dated 18 July 1997, made on behalf of the WC by Pacific Justice Institute and sent to ADF.
9. Sworn deposition by Dugan in the case of "PLANS vs Sacramento Unified School District and Twin Ridges School District" lawsuit, Volume II, April 1, 1999, pp. 160 and 163]
10. PLANS web site
11. Waldorf-critics discussion list
12. Waldorf-Anthroposophy-Steiner Survivors Only" Mailing List
13. Posting by Snell 22 December 2000 on Dugan's mailing list
14. Das Goetheanum, 2006/18, p. 20
15. See above note
16. Search at Altavista
17. Search at Altavista
18. Search at Altavista
19. DMOZ listing Society: Religion and Spirituality: Opposing Views: Esoteric and Occult

External links

• PLANS web site
• Schooled in spirituality Article about Waldorf methods schools and PLANS litigation, Sacramento News and Review, February 03, 2005.

• Alternative education
• United States district court cases
• United States education case law
• United States First Amendment case law
• United States church-state separation case law