Full opinion text
FINDINGS OF FACT AND CONCLUSIONS OF LAW CYR, Chief Judge. The plaintiffs challenge the constitutionality of various Maine statutes and regulations governing compulsory education and the approval of private schools. The counterclaim against the ten church schools and their pastors or administrators demands a judicial declaration that their failure or refusal to provide defendants with school approval information violates Maine law, and permanent injunctive relief requiring plaintiffs to provide the information “as a condition to continued operation of their respective schools with compulsory school age children” during the hours such children would otherwise be attending, an approved school. Partial summary judgment has been granted in favor of the defendants. See Bangor Baptist Church v. State of Maine, 549 F.Supp. 1208,1232 (D.Me.1982). On the stipulations of the parties and on the exhibits and the testimony received during the eight-day trial the Court makes the findings of fact and conclusions of law contemplated by Fed.R.Civ.P. 52(a). I. History of Present Dispute The earliest evidence of the present dispute is a March 24, 1977 letter from the administrator of Bangor Christian Schools (Bangor Christian) requesting the Maine Department of Educational and Cultural Services (Department) to exempt Bangor Christian from a Department regulation requiring private schools to submit a five-year plan for basic approval. Describing Bangor Christian as an integrated auxiliary of the Bangor Baptist Church, the administrator informed the Department that Bangor Christian believed that the regulation requiring the submission of a five-year plan went “beyond the legitimate responsibility of the State to see that each municipality provides suitable education for their [sic] youth.” The administrator represented that Bangor Christian, an approved school, had “always adhered to ... governmental control” respecting the maintenance of certain minimal standards “in order to qualify as a safe, healthful, bona fide school,” but that it objected to “the increasing involvement of government in the lives of private individuals and private institutions.” Expressing concern that the request would “eventually involve” unnecessary and unacceptable state “control [of] religious instruction” and that the “humanistic and secular approach of the public education system” is diametrically opposed to the “integrated, Christian approach” at Bangor Christian, the administrator asked that Bangor Christian be permitted to control its own educational planning and direction. Plaintiff Maine Association of Christian Schools (MACS) was founded in the spring of 1979 to promote and improve Christian school education in Maine and to defend Christian schools against perceived encroachments by state regulation. Plaintiff Herman C. Frankland, the pastor of Bangor Baptist Church, became President of MACS, and Ralph Yarnell became its Executive Director. On May 15, 1979, MACS called a general meeting of its member schools to discuss the “right position of Christian Schools in Maine” with respect to state approval. Defendants’ Exhibit 1. At that meeting MACS members voted to pay $1,200 to have two lawyers and an educator address them the following month and “to give ... counsel with regard to philosophy, strategy etc.,” id,.. Meanwhile, MACS members unanimously voted to take no official position regarding state approval. Schools choosing “to buck state approval in the meantime would be doing so without any backing from MACS.” Id. On June 8, 1979 John McLario, Esq., a Wisconsin attorney specializing in the representation of Christian schools, addressed the MACS Board of Directors 'and the MACS constituency. On June 23, 1979 Dr. Paul Cates, an evangelist and former vice president of the American Association of Christian Schools (AACS), addressed the administrators and pastors of all MACS-member schools, as well as many church and church school-board members. On June 29, 1979 the group was addressed by David Gibbs, Esq., of Gibbs & Craze (Cleveland), which specializes in representing religious schools involved in disputes with state regulators. These three individuals informed the MACS administrators and pastors as to the constitutional standards governing state regulation of church schools. On August 1, 1979 Wallace LaFountain, a consultant to the Department, invited the administrators of all Christian schools in Maine to an August 13, 1979 conference to discuss the certification of Christian-school principals, the approval of Christian-school curricula and the church-school approval process itself. As of August 5, 1979 all Christian schools known to be operating in Maine with compulsory-school-age children in attendance during normal public-school hours had obtained state approval. At that time several new Christian schools proposed to operate during the 1979-80 school year without obtaining state approval. On August 5, 1979 Reverend Frankland notified all MACS-member pastors and administrators of an emergency meeting to be held August 10, 1979 for the purpose of determining the position MACS should take at a meeting scheduled with state officials for August 13. On August 7, 1979 the MACS Board of Directors drafted a four-point plan for presentation to the Department as an alternative to formal school approval of the eight new Christian schools scheduled to open that fall. The plan called for a one-year moratorium on the state school-approval requirements, during which the new Christian schools would 1. receive the approval of the Department of Public Safety and the Department of Human Services prior to opening; 2. permit Department officials to conduct on-site observation of the schools in operation; 3. teach a “bona fide curriculum” meeting the requirements of Maine law; and 4. employ teachers qualified for state certification. During the one-year moratorium MACS would seek legislative exemption from the statutory requirement of school approval. Tr. at 66. On August 8, 1979 Department consultant LaFountain met with MACS representatives to determine their position regarding state approval of church schools. MACS officials informed LaFountain that their church schools were integral parts of their religious ministries and not susceptible, either on constitutional or biblical authority, to state control, because acquiescence to any form of state approval of church-school teachers, principals or curricula would violate their biblically-based religious conviction that Christ, not the state, is sole sovereign in such matters. The MACS representatives announced that the as-yet unapproved church schools would reject state approval because acquiescence to state approval might imply a state right-of-control, and because acquiescence might later be used in court to demonstrate that their professed religious beliefs regarding state control were based on nonreligious preferences, rather than religious conviction. La-Fountain was then informed of the MACS four-point plan. See Defendants’ Exhibit 4. The factors which influenced plaintiffs to adopt the position taken at the August 8, 1979 meeting included: (1) a January 1978 statement issued by NERAACS, setting forth objections to state approval; (2) an increase in the number of requirements for school approval; (3) the nationwide growth of the teaching program known as Accelerated Christian Education (ACE); (4) a growing awareness that fundamentalist Christians in other states were involved in challenges to similar statutes; (5) a concern that the approval laws were vague; and (6) a maturation of .fundamentalist Christian convictions regarding the total sovereignty of Christ over the church and its ministries. Tr. at 20-21, 219-21, 241-43, 504-13. When the unapproved church schools planning to open in the fall of 1979 expressed their desire to join MACS, but advised that they could not accept state approval, the members of MACS decided to stand beside the new church schools in opposition to state approval. Tr. at 221. On August 13, 1979, 88 Christian educators and pastors attended a conference with Department officials, who expressed satisfaction with the request that Christian school principals not be required to obtain state certification. On August 16, 1979, MACS officials met with the newly-appointed Commissioner of Education, Harold Raynolds (Commissioner), and presented a more detailed version of their four-point plan for dealing with the new unapproved church schools during the 1979-80 school year. See Defendants’ Exhibit 9, The MACS proposal stated that MACS would (1) act as a catalyst to have new MACS-member schools inspected for health and safety purposes prior to opening; (2) 'arrange visitations to MACS-member schools by Department officials; (3) assure the Department that each MACS-member school was presenting a bona fide curriculum consistent with state requirements; and (4) assure the Department that each MACS-member school employed teachers who were qualified for state certification. These proposals were intended as an interim substitute for state approval while MACS pursued a legislative resolution of the problem. Plaintiff Frankland wrote the Associate Commissioner of the Department on August 16, 1979 in response to a request for an explanation of the religious objection to state approval. Reverend Frankland described the church schools as the teaching arms of the Church, integrally connected with it. He characterized state licensure of church schools, their curriculum or their staff as tantamount to licensing the churches, their ministers and the subject matter taught in church, stating that to permit such regulation would be to render unto Caesar that which belongs to God. In order to avoid having their religious conviction regarding state regulation diluted in the eyes of the law to a mere preference, wrote Reverend Frankland, the churches must object to state regulation of their schools. On August 30, 1979 the Commissioner informed MACS of the Department’s position that the minimum standards required of public and private schools “do not impose an onerous burden upon schools which seek approval.” The Commissioner described as “reasonable” the regulations requiring minimum hours of instruction, employment of only “qualified instructors” and instruction in prescribed subjects. The Commissioner advised that the Department would— carry out its mandate to approve public and non-public schools in accordance with the laws of the State of Maine [and] ... only consider waiving part or all of the minimum standards utilized in the approval process if it can be established that the standards in question violate an individual’s constitutionally protected rights and that the State’s interest in adhering to those standards is not of sufficient magnitude to override the claimant’s rights. The Commissioner went on to say that “[u]nder no circumstances will the Department waive the requirement that all public and non-public schools be approved in order to be able to operate as schools in the State of Maine.” (Emphasis added.) On September 11, 1979, after meeting with representatives of MACS, the Department issued a press release captioned, “Statement Regarding the Approval of Private Schools,” which asserts that the Department “is presently reviewing the curriculum, the educational programs, and the credentials of the teachers of certain private schools which object on constitutional grounds to the formal school approval mandated by law.” The press release further stated— [i]t is the Department’s position that during the school year 1979-80 each of these schools will meet the minimum standards for approval required by law. If the Department is satisfied that the schools have met the minimum standards for approval, then the Department will treat these schools as having been approved for attendance purposes during the school year 1979-80. Defendants’ Exhibit 10. When this press release was issued MACS was informed that the four new schools would “not risk truancy litigation” provided the requirements outlined in the press release were satisfied. On September 12, 1979, in response to a request from the Department, MACS agreed to submit sanitation information regarding three schools and to update the sanitation and fire safety information relating to a fourth school. MACS agreed to answer all questions on the school approval form as to which there were no constitutional objections. On September 17, 1979, MACS notified its members of a “sensitive ... meeting” scheduled for September 21, 1979 with Charles Craze, Esq., of Gibbs & Craze. MACS members were advised that they must “decide what their convictions are regarding state approval in advance of the meeting.” The letter instructed MACS members to read the enclosed articles regarding religious convictions and state licensure of Christian schools. One article, by Paul Cates, states that its purpose is to enable the reader “to give Biblical explanations. for the stand you take” against state regulation of religious entities. The article emphasizes that in order for beliefs to be constitutionally protected they must be convictions as opposed to preferences. The second article MACS members were asked to read before the September 21, 1979 meeting described constitutional, educational and scriptural reasons for opposing ■ state licensure of Christian schools. The article identifies the following risks of state regulation: 1. the state will impose its “child-centered” teaching methodology upon church-school students in contravention of the “subject-centered ... methodology” of the Christian schools; 2. the state will impose a secular humanist philosophy upon the church schools; 3. the state will mandate sex education courses and other programs and approaches offensive to Christian values; 4. the state will ban the types of student discipline required by the Bible; and 5. the state will prescribe textbooks of poor quality. The scriptural bases for opposing state licensure were stated as follows: The responsibility for training a child is first laid on the parents (Pro. 22:6 and Eph. 6:4). Human government is ordained by God to suppress those who work violence and evil in society (Rom. 13:3-4). The mission of the church is clearly to preach and teach. The home, church and state must maintain their proper roles. Christians are certainly commanded to obey laws of their nation (I Pet. 2:13). Advocates of civil disobedience find little encouragement in scripture. The only scriptural justification for a Christian to disobey his government would be in the case where the law of Caesar conflicts with the law of God. Yet, one might point out that Paul faced jail and punishment by the state in most of his ministry. Again, however, his offence was only preaching and teaching, and he obeyed God rather than Caesar. At the September 21, 1979 meeting with Attorney Craze, separate letters were drafted in behalf of 19 MACS-member schools for delivery to the Commissioner, each letter advising in substance that after much contemplation the church-school authorities had concluded that their biblical convictions compelled them to reject state regulation of their schools and teachers, which are integral and inseparable parts of the religious ministry of their churches. On September 28, 1979, Department officials met with MACS representatives and Attorney Gibbs, and the 19 letters were presented to the Commissioner. In anticipation of a legislative resolution of the problem in 1980 the Commissioner assured MACS that the new church schools could continue to operate during the 1979-80 school year without fear of state action. On October 11, 1979, MACS advised all of its members of the identity of the 19 MACS-member schools which had already submitted letters to the Commissioner, and urged five other MACS-member schools to submit letters. During November and early December, 1979, six more churches operating Christian schools wrote the Commissioner, rejecting state approval. See Defendants’ Exhibits 15a-15f. In 1980, MACS drafted and sponsored two bills for presentation to the 109th Mainé Legislature. Both bills provided that church schools which declare their religious convictions against state approval would be exempt from state approval requirements. The legislature rejected both bills in March 1980. After the defeat of these bills, MACS formally prohibited its members from accepting or retaining school approval. The Department wrote the unapproved church schools requesting the information heeded to determine their eligibility for approval. On May 29, 1980, MACS’ new attorney, William Ball, Esquire, wrote the Commissioner requesting information concerning the Maine compulsory education statutes and regulations. Attorney Ball asked the Commissioner to explain the statutory basis for regulations requiring private schools, as a prerequisite to approval, to submit a statement of (1) educational philosophy, goals and objectives, and a plan for accomplishing the same; (2) the “methods and procedures” to be utilized to measure attainment of school goals; (3) financial position and policies; and (4) the program of instruction. Attorney Ball asked if the Commissioner interpreted the state regulations as requiring that private schools request an inspection of their facilities, curricula and staff qualifications prior to commencement of operations. Attorney Ball inquired whether the Department regulation prohibiting the operation of unapproved schools was directed only at public schools and, if not, what the statutory basis was for such a regulation, pointing out that though Maine statutes do provide for penalties against parents who enroll their children in a school not approved for attendance purposes, there were no statutes “directed at schools ” and no statutes forbidding the operation of unapproved private schools. During the 1980-81 school year the dispute between the church schools and the defendants remained at a standoff. The Department attempted to obtain compliance, clarify the approval application form, and determine whether any particular requirement burdened any school. MACS failed to respond to any of defendants’ requests for substantive comments on how the approval regulations could be made less offensive to the religious beliefs of its constituency. In September, 1980 the Commissioner advised the appropriate public school superintendents that nine Christian schools had opened without state approval. “In order to prevent the students from becoming victims [of the] approval controversy” (Defendants’ Exhibit 35), the Commissioner recommended that the superintendents forward to those unapproved church schools, on request, copies of the necessary student records in the possession of the public schools, but retain the original student records. On October 14, 1980 the Commissioner instructed all public school superintendents to indicate separately in their 1980-81 enrollment reports those students residing within their school administrative districts who were attending unapproved schools. The Commissioner concluded his letter by stating — “[u]ntil you hear further from this office, you should not take any legal steps to enforce the truancy laws against students attending these unapproved schools.” See Defendants’ Exhibit 36. On October 9, 1981 the Commissioner formally advised nine unapproved church schools of the Department’s intention to “commence a legal action” in state court unless certain information was furnished by October 20, 1981. The Commissioner insisted that “a private school may provide education to children of compulsory school age during hours of the day when such children would otherwise be attending pub-lie schools only if it is approved by the Commissioner.” The Commissioner stated that approval must be obtained in accordance with the rules adopted by the Department, copies of which had been sent to the schools on September 25, 1981. Enclosing an application form, the Commissioner informed the church schools that the minimum information required to obtain Department approval to operate consisted of evidence that the school 1. has been inspected by the Department of Human Services for compliance with state health and sanitation standards; 2. has been inspected by the Fire Marshal for compliance with the Life Safety code; 3. offers a course of study meeting the minimum curriculum requirements; 4. has an instructional staff which is either certified or qualified for certification; and 5. maintains and safeguards adequate attendance, health- and academic records. The Commissioner allowed that the required information could be provided by authorizing Department representatives to visit the schools, observe their operations and inspect their records. The original complaint in this action was filed on October 16, 1981. The complaint was amended on October 28, 1981 by adding, as plaintiffs: Bangor Christian, Grace Baptist Church Schools, five churches and the five affiliated unapproved church schools which had received the Commissioner’s letter of October 9, 1981. On October 30, 1981, defendants agreed to refrain from undertaking any enforcement action against the five church schools added as plaintiffs two days earlier. On November 20, 1981, defendants withdrew their earlier motion that this Court abstain from hearing this case. On December 4, 1981, defendants filed their answer and a counterclaim against the five plaintiff church schools which had received letters from the Commissioner, as well as four nonplaintiff church schools which had received letters. Plaintiffs joined the latter four church schools as plaintiffs on December 28, 1981. Prior to trial the parties agreed that although the provisions of Title 20-A of the Maine Revised Statutes Annotated were not to become effective until July 1, 1983, plaintiffs’ claims and defendants’ counterclaim were to be adjudicated as if those provisions were in effect at the time of trial, since Title 20-A was merely a recodification of pertinent provisions of Title 20. il. Counterclaim The counterclaim presents the ripest controversy and its resolution controls the context in which the Court must determine the ripeness and substance of the claims asserted by the plaintiffs. The counterclaim alleges that each plaintiff church school: (1) is operating with compulsory-school-age children in attendance, and without state approval; (2) has failed or refused in the past and will refuse in the future to respond to Department requests for information needed to determine its approvability; and (3) if unapprovable, is threatening the health, physical safety and welfare of the children in attendance. Defendants demand that the Court (1) declare that the failure or refusal to complete and submit the ‘Basic School Approval’ application or to provide the information requested thereon in some other manner is violative of Maine law; and (2) enjoin the church schools from operating with compulsory-school-age children in attendance during normal public school hours until the church schools submit or make available to the Commissioner the information necessary to demonstrate compliance with state school-approval requirements. Plaintiffs admit that the plaintiff church schools are unapproved and operating with compulsory-school-age children in attendance, but deny that they have failed or refused to respond to requests for information relating to school health, sanitation and fire safety. Plaintiffs affirmatively assert that defendants have an adequate remedy at law and that several of plaintiffs’ constitutional claims, including their constitutional claim that various state regulations are ultra vires, bar relief under the counterclaim. Consideration of the counterclaim begins with an examination of the relationship between the Maine statutes governing school attendance, Chapter 211 of Part 3 of Title 20-A, as amended by P.L.1983 c. 485, 1983 Me.Legis.Serv. 2583-93, and the statutes relating to private schools, Chapter 117 of Part 2 of Title 20-A. Compulsory Attendance and Private Schools The core requirement o/the compulsory attendance section (§ 5001) of Chapter 211 of the Maine education statutes is that persons age seven or older must attend a public school during its regular annual session until they reach age 17. 20-A M.R.S.A. § 5001(1), as amended by P.L. 1983 c. 485 § 22, 1983 Me.Legis.Serv. at 2590-91. Exemption from the public-school attendance requirement is accorded students who obtain “equivalent instruction in a private school ... and if the equivalent instruction is approved ...” 20-A M.R.S.A. § 5001(2)(D)(1) (emphasis added), provided that the appropriate local public school officials receive a certificate reflecting the name and residence of the student seeking exemption and the name of the private school the student is attending, signed by the person or persons in charge of the private school. 20-A M.R.S.A. § 5001(2)(D)(2). Local public school officials make the initial determination as to whether a student is receiving equivalent instruction in a private school. If local public school officials deny the exemption because the private school instruction is not considered “equivalent,” an appeal may be taken to the Commissioner. Id. § 5001(2)(D)(2). In order to come within the relevant [paragraph (D)(1)] statutory exception to the compulsory public -school education requirement, a child must not only receive equivalent instruction, but the instruction must be “approved by the Commissioner.” An “approved private school” is defined in Title 20-A, section 1(2), as “a private school approved for attendance purposes under chapter 117,” 20-A M.R.S.A. § 1(2) (1983); a reference to section 2901, where it is provided that— [a] private school may operate as an approved private school for meeting the requirement of compulsory school attendance under section 5001 if it: 1. Hygiene, health, safety. Meets the standards for hygiene, health and safety under Titles 22 and 25; and 2. Is either: A. Currently accredited by the New England Association of Colleges and Secondary Schools; or B. Meets the department’s requirements for approval for attendance purposes under section 2902. 20-A M.R.S.A. § 2901 (1983). Under a delegation of authority from the Maine Legislature, see 20-A M.R.S.A. § 405(3)(E), the Board of Education (Board) has promulgated regulations expressly made applicable to “[pjrivate schools approved for attendance purposes by the department ...” by section 2902 of Title 20-A. Informed by the statutory definition of the term “approved private school” appearing in sections 2901 and 2902, the Board promulgated a new regulation during the course of the trial of the present action. A private elementary or secondary school shall not operate for purposes of meeting the statutory compulsory school attendance requirements unless it has been approved by the Commissioner of Educational and Cultural Services prior to commencing operation with students present. 05-071 CMR 125, section 1-A, subsection (A)(1) (as amended February 10, 1983) (Defendants’ Exhibits 72 & 100-102) {emphasis added). The Board regulations further provide that: Nine months preceding the day on which the school plans to begin operations, it shall file with the Commissioner a notice of intent to operate a school for purposes of meeting the compulsory school attendance requirements. Id., subsection (A)(2) {emphasis added). The Board regulations relating to private-school health and safety requirements 'provide that: A private school may not operate unless it complies with the health and safety requirements of Maine law applicable to schools generally, including the standards for hygiene, health, and safety un.der Titles 22 and 25 of the Maine Revised Statutes Annotated. Id., subsection (D)(1) {emphasis added). Subsection 1(4) of the Board regulations provides: Whenever the Commissioner determines that a private school is operating with compulsory school-age children in attendance and (a) does not meet the requirements for approval, or (b) has failed or refused to provide information for approval, he may institute proceedings in a court of competent jurisdiction to seek injunctive relief to prevent the non-public school from operating until such time as it meets the requirements for approval or provides information sufficient to demonstrate that it meets the requirements for approval. Id,., subsection (I)(4). Defendants rely upon Title 20-A, the Board regulations and the equity powers of the Court in support of their requests for declaratory and injunctive relief. A. Application of the Erie Doctrine Although the counterclaim invokes the Court’s ancillary, rather than its diversity, jurisdiction, the choice of law is governed by the Erie doctrine, see Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). [I]t is the source of the right sued upon, and not the ground on which federal jurisdiction over the case is founded, which determines the governing law____ Thus, the Erie doctrine applies, whatever the ground for federal jurisdiction, to any issue or claim which has its source in state law____ Likewise, the Erie doc- trine is inapplicable to claims or issues Created and governed by federal law, even if the jurisdiction of the federal court rests on diversity of citizenship. 19 Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 4515, at 275 (1982), quoting Maternally Yours, Inc. v. Your Maternity Shop, Inc., 234 F.2d 538, 540 n. 1 (2d Cir.1956) [emphasis in original; elipses by Wright, Miller & Cooper]. Maine law is the source of the rights asserted in the counterclaim. According to the great weight of authority, absent a contrary federal constitutional or statutory provision, see Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 674, 70 S.Ct. 876, 880, 94 L.Ed. 1194 (1949) [availability of declaratory relief in diversity case is controlled by 28 U.S.C. § 2201], federal rule, see Hanna v. Plumer, 380 U.S. 460, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965), or some overriding federal policy, see Byrd v. Blue Ridge Rural Electric Cooperative, Inc., 356 U.S. 525, 533-40, 78 S.Ct. 893, 898-902, 2 L.Ed.2d 953 (1958) [invoking strong federal policy favoring jury trial], federal courts should afford whatever equitable remedy would be available in state court for the enforcement of a right created by state law. See System Operations, Inc. v. Scientific Games Devel. Corp., 555 F.2d 1131, 1143 (3d Cir.1977); Franke v. Wiltschek, 209 F.2d 493, 494-95 (2d Cir.1953); Transcontinental Gas Pipe Line Corp. v. Gault, 198 F.2d 196 (4th Cir.1952); 2 Moore, Federal Practice 112.09, at 2-58 (1983); 19 Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 4513, at 214. Since in this instance the standards governing the appropriateness of equitable relief are essentially similar under Maine law and federal law, no important federal policy and no federal statute or rule will be contravened as a result of the choice of Maine law. B. Relief Under Statutory and Regulatory Provisions Defendants apparently contend that section 2901 empowers the Court to enjoin the operation of the plaintiff church schools during normal public-school hours, regardless of whether injunctive relief would be appropriate under the Court’s inherent equity powers. The Maine Law Court recognizes, see Town of Shapleigh v. Shikles, 427 A.2d 460, 464 (Me.1981), that where “a statute provides for injunctive relief upon the showing of a violation, the party seeking such relief need not make a showing of irreparable harm in the normal equity sense,” UV Industries, Inc. v. Posner, 466 F.Supp. 1251, 1255 (D.Me.1979). But since the “historic injunctive process has been one of great flexibility in administering practical equity, ... [such a provision] should not be lightly implied by the court in construing legislation.” Town of Shapleigh v. Shikles, 427 A.2d at 464. Cf. Norfolk Redevelopment & Housing Authority v. Chesapeake & Potomac Telephone Co., — U.S. —, —, 104 S.Ct. 304, 307, 78 L.Ed.2d 29 (1983) [“the common law ought not to be deemed repealed, unless the language of a statute be clear and explicit for this purpose”]. Sections 2901 and 2902 neither impose nor delegate the power to impose direct sanctions against unapproved private schools, nor do the compulsory attendance provisions of Chapter 211 purport to empower direct action against unapproved private schools. The plain legislative design of the Maine Education Law is to ensure that each child attends public school or obtains an equivalent education. One means of obtaining an equivalent education is to attend an approved private school, that is, a private school which has demonstrated that it is in- compliance with sections 2901 and 2902. Administrative Interpretation oí Approval Requirements The unmistakable import of the statutory school-approval scheme notwithstanding, the defendants have insisted from the outset that it is implicit in the language of section 2901, which provides that a private school “may operate as an approved private school for meeting the requirements of compulsory school attendance..that an unapproved private school may not operate at all during normal public school hours with compulsory-school-age children in attendance. See Defendants’ Memorandum Regarding Ultra Vires Issue, at 6. Although courts do “not lightly disregard the interpretation given a statute by those charged with its administration, an administrative construction is not conclusive.” Soucy v. Board of Trustees, 456 A.2d 1279, 1281 (Me.1983). “[S]uch deference ‘must yield to the fundamental approach of determining the legislative intent, particularly as it is manifest in the language of the statute.’ ” Central Maine Power Co. v. Maine Public Utilities Commission, 458 A.2d 739, 741 (Me.1983), quoting Central Maine Power Co. v. Maine Public Utilities Commission, 436 A.2d 880, 885 (Me.1981). An administrative agency construction, even one put forth by those who participated in drafting the statute, may be rejected upon consideration of the plain language of the statute, “the context in which it must be read,” Stewart v. Inhabitants of Durham, 451 A.2d 308, 310 (Me.1982), or the fact that a different construction will avoid “constitutional difficulties,” id. [construction of grandfather clause by town selectmen conflicted with plain meaning and with overall purpose of mobile home ordinance and gave rise to “serious constitutional questions”]. See also Clardy v. Town of Livermore, 403 A.2d 779, 782 (1979) [ordinance construed by court contrary to interpretation of town officials, since it was “fairly open to an interpretation making decision (of the constitutional question) unnecessary”]; Farmington Dowel Products Co., Inc. v. Forster Manufacturing Co., Inc., 153 Me. 265, 272, 136 A.2d 542 (1957) [Law Court avoids constitutional question by concluding that a ten-word phrase “crept into the law by some inadvertence...”]. The plain language of section 2901 is entirely consistent with its long legislative history, leaving no room for an administrative interpretation at odds with both. Language of Statute If the legislature had meant to ban the operation of unapproved private schools, “it would have said so in clear and unmistakable language. It is not for [the Court] to read into the statute an intent which is obviously not there,” Squires v. Inhabitants of Augusta, 155 Me. 151, 167, 153 A.2d 80 (1959). Especially in view of the fact that the present action was commenced months before the 110th Legislature completed its debate on the recodification of the Education Laws, i.e., Title 20-A, it would not have been difficult to draft section 2901 so as to provide that “no private school may operate with compulsory-school-age children in attendance unless it meets the private-school approval requirements.” The defendants essentially invite the Court to ignore all language in the opening clause of section 2901 following the phrase “[a] private school may operate____” “Nothing in a statute may be treated as surplusage if a reasonable construction supplying meaning and force is otherwise possible.” Labbe v. Nissen Corp., 404 A.2d 564, 567 (Me.1979). But cf Farming-ton Dowel Products Co., Inc. v. Forster Manufacturing Co., Inc., supra. All of the language rendered mere surplusage under defendants’ interpretation becomes imbued with both “meaning and force” by construing section 2901 as a description of the criteria prescribed for private schools which may be considered adequate alternatives to public schools for compulsory attendance purposes. The Statutory Scheme The Maine statutory scheme of compulsory education is an historically enlightened legislative response to the important parental and public interests inherent in the education of the young; one not lightly to be disregarded by courts, see Squires v. Inhabitants of Augusta, 155 Me. at 167, 153 A.2d 80, by municipalities, see id., or by administrators, cf. Central Maine Power Co. v. Public Utilities Commission, 458 A.2d at 741; Maine School Administrative District No. 15 v. Raynolds, 413 A.2d 523, 529-31 (Me.1980). See Squires v. Inhabitants of Augusta, 155 Me. at 159, 153 A.2d 80 [“The State educational policy cannot and must not be interfered with by any subordinate governing body.”] In order to determine the legislative intent in relation to a particular section of a comprehensive statute, courts should consider the statutory scheme in its entirety and “interpret[] [the] statute ... so that all of its provisions are read in harmony and are effectuated.” Seven Islands Land Company v. Maine Land Use Regulation Commission, 450 A.2d 475, 480 (Me.1982). Yet defendants’ construction of section 2901 ill serves, indeed it dramatically alters, the long-standing legislative scheme underlying compulsory education in Maine. Compulsory-school-age children who fail to establish their entitlement to an exemption from the requirement of public school attendance are considered “habitual truants” if “[a]bsent from school without excuse for the equivalent of 10 full days, or for at least xk day on 7 consecutive days, within any 6-month period.” 20-A M.R. S.A. § 5051(1). Any person who has control over an habitual truant and bears primary responsibility for that truancy is guilty of a “civil violation” and “shall be punished by a forfeiture of not more than $200,” 20-A M.R.S.A. § 5053(4)(A)(1), payable “to the treasurer of the school administrative unit in which the offense was committed for the support of its public schools.” 20-A M.R.S.A. § 5053(4)(B). The Maine Legislature has prescribed detailed procedural safeguards and placed primary reliance upon local public school officials for the conciliation of truancy disputes and for the enforcement of the truancy laws. Local public school officials are directed, under the Commissioner’s guidance, to promulgate reasonable rules for the enforcement of the truancy laws. 20-A M.R.S.A. § 5003. It is the statutory duty of the public school principal to report an habitual truant to the public school superintendent, whose statutory duty it is to attempt, to resolve the problem informally and, if unsuccessful, to refer the matter to the local school board, together “with the principal’s report and any other useful information.” 20-A M.R.S.A. § 5051(2)(A)-(B). It is the duty of the school board to hear the matter after giving seven days’ written notice to the parent or guardian of the alleged truant, stating the date, time and purpose of the hearing, the necessity that parents and child attend, and the right to inspect the child’s attendance records and the principal’s report. 20-A M.R.S.A. § 5051(2)(C). After considering the facts and discussing the matter with the child and with the parent or guardian, the local board is required either (1) to direct the child' to attend school as required by statute and inform the parent or guardian of the legal responsibility to assure the child’s attendance, or (2) to waive the compulsory attendance requirement, provided the child is at least 14 years old. 20-A M.R.S.A. § 5051(2XD). A decision adverse to the parent or guardian may be appealed to the Commissioner, who is required to appoint “a fair hearing officer” to hear the appeal and report on the testimony presented, recommending a disposition to the Commissioner, who is required to affirm, modify or reverse the decision of the local school board. 20-A M.R.S.A., § 5051(2)(E). Attendance officers elected yearly by the school board are required to investigate alleged habitual truancies and report to the school board. Upon the written direction of the school board or the superintendent, attendance officers are required to file a complaint in Maine district court seeking imposition of the forfeitures prescribed by section 5053. 20-A M.R.S.A. § 5052(2). Defendants’ interpretation of the education laws would arrogate to the Commissioner the powers and responsibilities entrusted by the legislature to local public school authorities, see 20-A M.R.S.A. § 2 (1981), and eliminate entirely the sensitive administrative safeguards of notice, hearing and conciliation which are prerequisite to the commencement of any judicial- proceeding for the enforcement of the truancy laws. The 110th Legislature recodified, without substantive change, the various longstanding statutory provisions prescribing truancy sanctions against parents, see 20-A M.R.S.A. §§ 2901, 2902, 5001(1), (2)(D), & 5051-53, notwithstanding the fact that plaintiffs’ present counsel pointed out to the Commissioner as early as May 1980 that there did not appear to be any statutory basis for prohibiting the operation of unapproved schools. Under its scheme for the governance of compulsory education the 110th Legislature has mandated that local public school officials make every reasonable effort at conciliation with the parents of alleged truants prior to the commencement of administrative action. Next, the legislature has prescribed several levels of administrative proceedings in advance of any recourse to judicial action. Nowhere in- this elaborate statutory scheme is there the slightest indication that the legislature meant to permit the circumvention of these procedural requirements merely because the Commissioner or any other defendant may consider the closing of private schools more appropriate than truancy-law enforcement against parents. Inviting Unnecessary Constitutional Issues Defendants’ construction is not only at odds with the legislative scheme, it gratuitously raises grave constitutional problems. See United States v. Lee, 455 U.S. 252, 257-58, 102 S.Ct. 1051, 1055, 71 L.Ed.2d 127 (1982) [limitations on religious liberty must be “essential to accomplish an overriding governmental interest”]; Johnson v. Robison, 415 U.S. 361, 384-86, 94 S.Ct. 1160,1174-75, 39 L.Ed.2d 389 (1974) [distinguishing between direct and indirect burdens on religion]; Braunfeld v. Brown, 366 U.S. 599, 605-07, 81 S.Ct. 1144, 1146-48, 6 L.Ed.2d 563 (1961) [plurality opinion] [regulation of secular activity, so as indirectly to make religious practice more expensive, “wholly different” from legislative attempts to make religious practice unlawful]; Pierce v. Society of Sisters, 268 U.S. 510, 534-35, 45 S.Ct. 571, 573, 69 L.Ed. 1070 (1925) [statute seriously (though indirectly) impairing value of property of private schools, held unconstitutional]. See also Southeastern Promotions, Ltd. v. Conrad, 420 U.S. 546, 558-59, 95 S.Ct. 1239, 1246, 43 L.Ed.2d 448 (1975) [“presumption against prior restraints is heavier — and the degree of protection broader— than that against limits on expression imposed by criminal penalties”]; Kunz v. New York, 340 U.S. 290, 293-95, 71 S.Ct. 312, 314-15, 95 L.Ed. 280 (1951) [ordinance giving police commissioner unbridled discretion to grant or refuse permits to speak on religious matters in public streets was invalid prior restraint on exercise of First Amendment rights]; Martin v. City of Struthers, 319 U.S. 141, 146-49, 63 S.Ct. 862, 864-66, 87 L.Ed. 1313 (1943) [ordinance forbidding knocking on doors or ringing doorbells in order to distribute handbills or circulars was invalid as applied to Jehovah’s Witness seeking to advertise religious meeting, despite state claim of nuisance]. See generally Jeffries, Rethinking Prior Restraint, 92 Yale L.J. 409 (1983). Legislative Acquiescence Struggling against the clear language, history and legislative scheme of the compulsory education statutes and disregarding the serious constitutional difficulties raised by their efforts to close church-affiliated schools, defendants contend that their construction of section 2901 is binding on the Court because the 109th Legislature acquiesced in their construction. Legislative acquiescence offers a precarious perch from which to construe a statute even in the best of circumstances. Legislative acquiescence is “significant” in assessing the intent of a Maine legislature, if the administrative interpretation is reasonable, has been called to the attention of a legislature subsequent to the enacting legislature and if it is reasonably inferable that the administrative interpretation was recognized by the later legislature as a valid construction. See In re Spring Valley Development, 300 A.2d 736, 743-45 (Me.1973) [after attention of 105th Legislature had been specifically directed to administrative interpretation of bill enacted by 104th, actions of 105th became “significant” in assessing intent of 104th]. See also Androscoggin County Savings Bank v. Campbell, 282 A.2d 858, 865 (Me.1971) [ambiguous statutory amendments in 1969 not to be construed as contrary either to 1917 Attorney General’s opinion or to interpretation given by banking commissioners since 1917], MACS sponsored two bills before the 109th Legislature (L.D.1817 and L.D.1980) to exempt church-sponsored schools from the school approval requirements. Since each bill stated that it was designed to “make approval optional for church-sponsored schools,” and would have exempted these schools from approval and their students from compliance with the compulsory public -school attendance law, it is fair to infer either that someone involved in drafting these bills knew of the Commissioner’s interpretation or that the drafter thought that approval was or might be considered a condition precedent to the lawful operation of a private school. But both the trial record and the legislative record make clear that these bills were sponsored, and, at least initially, probably drafted, by MACS, which was well aware of the Commissioner’s consistent contention that an unapproved private school cannot operate at all with compulsory-school-age children in attendance, see, e.g., pp. 1307-1308 supra. See 1980 Me.Leg.Rec. 387 (House, March 10, 1980) [Senator Trotzky stating, “This bill was brought in by (MACS)”]. Much of the floor debate centered on the right and duty of the state to influence or control sectarian schools, see id., at 344-50 (House, March 10, 1980); id., at 386-87 (Senate, March 11, 1980), but it does not follow that the legislature was aware that the Commissioner considered Department approval to be a precondition for lawful operation. Certainly, subjecting the parents of children attending church schools to truancy actions (the legislatively-contemplated response to nonapproval, which has only since been disavowed by the Commissioner) would have a significant effect on the schools, thereby affording the state substantial de facto control over the church schools. Furthermore, there is not the slightest indication in the record of this case or in the legislative record from which it reasonably could be inferred that the 109th Legislature recognized the Commissioner’s interpretation as valid. In the context of the present case there is no ambiguity requiring resort to “legislative” acquiescence, no pertinent administrative interpretation was called to the attention of the 109th Legislature and its reasons for rejecting L.D.1817 and L.D.Í980 were unrelated to whether the Commissioner is or ever has been empowered by statute to close unapproved private schools. The Court is therefore satisfied that neither section 2901 nor any other statutory provision prohibits private schools from operating merely because they are unapproved or refuse to seek or accept approval. A fortiori, no 'statutory provision requires the Court to fashion injunctive remedies against the operation of unapproved private schools without due regard for the public and private interests involved. The Regulatory Scheme Subsection 1(4) of the regulations purports to authorize the Commissioner to “seek” injunctions against the operation of unapproved private schools. The Board regulations neither expressly prohibit nor purport to empower injunctive relief against the operation of unapproved private schools; any such regulation would be invalid. A “legislative” rule is valid only if the legislature has authorized its promulgation. Anheuser-Busch, Inc. v. Walton, 135 Me. 57, 190 A. 297 (1937). See Maine School Admin. Dist. No. 15 v. Raynolds, 413 A.2d at 529; State v. Dube, 409 A.2d 1102, 1104 (Me.1979); Frank v. Assessors ofSkowhegan, 329 A.2d 167, 170 (Me.1974). Thus a legislative rule is void if it extends, modifies or conflicts with the enabling statute. Anheuser-Busch, Inc. v. Walton, 135 Me. at 66-68, 190 A. 297; 1 Cooper, State Administrative Law 254 (1965). See Frank v. Assessors of Skowhegan, 329 A.2d at 170. The relevant enabling statute, see 20-A M.R.S.A. § 405(3)(E), merely directs the Board to “[ajdopt or amend rules on requirements for approval and accreditation of elementary and secondary schools.” 20-A M.R.S.A. § 405(3)(E). The statutory directive to adopt rules governing “approval” and “accreditation” is designed to ensure greater definition of the criteria for exemption from compulsory public school attendance available to students attending approved private schools, and forms a comfortable fit within the legislative scheme of the compulsory education laws, by focusing enforcement efforts upon the individual student and parent. The defendants apparently assert that the Board is empowered to authorize the Commissioner to bypass the elaborate truancy-law enforcement scheme put in place by the legislature by proceeding directly to court for injunctive relief against the operation of unapproved private schools. Although the defendants may consider the closing of unapproved private schools in these circumstances a more efficient and expeditious means of securing compliance with the compulsory education laws on the part of private school students and their parents, it is not for the defendants, but for the legislature, if and when it chooses, to do so, and the legislature has not chosen to do so. In its recent recodification of the education laws the 110th Legislature manifested no intention to redirect enforcement sanctions from the parents of students attending unapproved private schools to the unapproved private schools themselves. See pp. 1316-1318 supra. As the Law Court has held in an analogous context: [The Commission’s] power to make rules and regulations extends only to such details of administration as are necessary to carry out and enforce the mandate of the legislature. What the [Commission] has attempted to do in this instance constitutes a flagrant usurpation of a prerogative which belongs to the legislature, and is subversive of those principles which are the foundation of orderly government. The regulations in question are invalid____ Anheuser-Busch, Inc. v. Walton, 135 Me. at.67-68, 190 A. 297 [involving rules and regulations of State Liquor Commission]. Similarly, to the extent that the board regulations attempt to institute a scheme whereby private schools can operate only if approved, the Board has exceeded its power and its regulations are invalid. C. Relief Under the Inherent Equity Powers of the Court Requests for injunctive relief are addressed “to the conscience of the chancellor...,” Town of Shapleigh v. Shikles, 427 A.2d at 465, who is guided by the balance between the needs of the party requesting injunctive relief and the hardship which injunctive relief would visit upon the party enjoined, Town of Shapleigh v. Shikles, 427 A.2d at 464; Natale v. Kennebunkport Board of Zoning Appeals, 363 A.2d 1372, 1377 n. 9 (Me.1976), and by the public interest, see Ingraham v. University of Maine at Orono, 441 A.2d 691, 693 (Me.1982); Note, Developments in the Law — Injunctions, 78 Harv.L.Rev. 994, 1001 (1965). The Law Court “has always been conservative” in its approach to the appropriateness of injunctive relief, Haskell v. Thurston, 80 Me. 129, 132,13 A. 273 (1888), which is “extraordinary [relief] only to be granted with the utmost caution when justice urgently demands it and the remedies at law fail to meet the requirements of the case.” Bar Harbor Banking & Trust Co. v. Alexander, 411 A.2d 74; 79 (Me.1980). Thus, the need for injunctive relief is per se insufficient, unless the moving party “show[s] plainly that [his] right is clear,” Haskell v. Thurston, 80 Me. at 132, 13 A. 273, and that absent injunctive relief the violation of that right will cause irreparable injury, Bar Harbor Banking & Trust Co. v. Alexander, 411 A.2d at 79. Defendants’ Need (i) The Right Violated The contention that the operation of unapproved private schools contravenes section 2901 must fail for the reasons previously discussed. The other relevant respect in which the plaintiff church schools are alleged to have acted unlawfully is by “inducing habitual truancy.” The defendants assert that “the record evidence ... demonstrates beyond any question that ... [the ten church schools and the pastors and administrators in charge of those schools] induce their students to attend their unapproved schools.” Defendants’ Memorandum Regarding Ultra Vires Issue, at 10. On the basis of the entire record in this case there appear to be but two plausible forms which any such “inducement” of habitual truancy' might take: first, that the very operation of an unapproved church school with compulsory-school-age children in attendance constitutes an inducement of habitual truancy; and second, that the pastors or administrators induce students to attend their church schools by communicating their religious belief that the Bible commands Christians to establish schools in order to instill biblical principles and that Christ is the sole sovereign in such matters. See Plaintiffs’ Proposed Findings, ¶¶ 11, 13, 17, 21-25, 27, 31, 63-64, and transcript citations therein. Title 20-A M.R.S.A. § 5053(1)(B) provides that it shall be a “civil violation” to induce a student to violate section 5051, subsection 1 (defining habitual truancy). See State v. McDonough, 468 A.2d 977 at 980 n. 5 (Me.1983) [offense of being primarily responsible for the habitual truancy of a student under one’s control is a civil violation]. “A person guilty of” inducing habitual truancy “shall be punished by a forfeiture of not less than $500,” 20-A M.R.S.A. § 5053(4)(A)(2), payable “to the treasurer of the school administrative unit in which the offense was committed for the support of its public schools,” id. § 5053(4)(B). {Emphasis added.) Under Maine law the operation of an unapproved church school attended by compulsory-school-age children does not constitute an inducement of habitual truancy. The Maine Supreme Judicial Court authoritatively defines the term “induce” as follows: Webster’s New International Dictionary, 2d Ed., defines ‘induce’ as ‘to bring on or about; to effect; cause.’ Black’s Law Dictionary, 4th Ed., defines ‘induce’ as ‘to bring on or about, to effect, cause to influence to an act or course of conduct, lead by persuasion or reasoning; incite by motives, prevail on.’ The term induce signifies a successful persuasion; • that the act has been effective and the desired result obtained. State v. Stratford, 55 Idaho 65, 37 P.2d 681 (1934); Hautau v. Kearney & Trecker Corporation, 179 F.Supp. 490 (D.C.1959); Vol. 21 Words and Phrases, Permanent Ed., p. 481. State v. Miller, 252 A.2d 321, 324-35 (Me. 1969) [inducing one to take indecent liberties means that persuasion has resulted in the doing of the indecent act]. Other courts similarly hold that to “induce” requires some form of persuasion. International Brotherhood of Electrical Workers v. National Labor Relations Board, 341 U.S. 694, 701-04 & n. 7, 71 S.Ct. 954, 958-59 & n. 7, 95 L.Ed. 1299 (1951) [“induce” in N.L.R.A. means to lead on; to influence; to prevail on; to move by persuasion or influence:]; United States v. Burkley, 591 F.2d 903, 917 (D.C.Cir.1978) [relative to entrapment defense, inducement refers to government persuasion, harassment or other pressure on defendant to commit the crime]; Fromberg, Inc. v. Thornhill, 315 F.2d 407, 411 (5th Cir.1963) [under statute forbidding active inducement of patent infringement, inducement “has connotations of active steps knowingly taken ... as distinguished from accidental or inadvertent]; In the Matter of Kearney Chemicals, Inc., 468 F.Supp. 1107, 1111 (D.Del.1979) [in tort case for inducing breach of contract, “induce” refers to causing one by persuasion or intimidation to choose one course of conduct over another]. These judicial definitions conform to the meaning commonly given the term “induce,” which involves some form of persuasion or influence as an essential element. The fact that “inducing” habitual truancy carries a substantially more stringent penalty (forfeiture of not less than $500) than does the offense of being primarily responsible for the truancy of a child under one’s control (forfeiture of not more than $200) makes clear that the legislature considers inducing habitual truancy to be a more serious matter than “being responsible” for truancy. Indeed, the Statement of Fact accompanying the 1981 bill, which reduced the penalties for these offenses, stated, “This bill ... would change the penalty section for a parent responsible for truancy to a civil violation punishable by either a $200 or a $500 forfeiture, depending on the nature of the offense." 110th Me. Leg., H.P. 1177, L.D. 1401, [emphasis added], enacted as amended P.L.1981 c. 391 § 1, 1981 Laws of Maine at 620. An interpretation removing the element of persuasion from the ordinary meaning of “induce” would disregard the clear legislative directive that the penalty for “inducing” habitual truancy should apply only to conduct more severe than merely “being responsible” for truancy. In recognition of the judicial “obligation to avoid constitutional decisions when other grounds are available,” Morris v. Travisono, 707 F.2d 28, 33 (1st Cir.1983), the Court concludes that mere operation of these unapproved church schools with compulsory-school-age children in attendance does not constitute an inducement of habitual truancy. Indeed, since defendants allege .that the plaintiffs “operate schools for compulsory school age children ... and ... induce their students to attend,” Defendants’ Memorandum Regarding Ultra Vires Issue, at 10, it is not entirely clear that defendants contend that the mere operation of an unapproved school constitutes an “inducing.” And, even assuming the contrary, under the equities of this case injunctive relief is inappropriate. Irreparable Injury There can be no irreparable injury where adequate relief is available at law. Bar Harbor Banking & Trust Co. v. Alexander, 411 A.2d at 79; 11 Wright and Miller, Federal Practice and Procedure § 2944, at 392 (1973). “If the legal remedy available to the plaintiff would be as effective as ... [injunctive] relief, there is no need for the court to invoke its equity jurisdi