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KENTUCKY STATE BD., ETC. v. RUDASILL

589 S.W.2d 877 (1979)

KENTUCKY STATE BOARD FOR ELEMENTARY AND SECONDARY EDUCATION (Substituted as Defendant for Kentucky State Board of Education) an Administrative Board of the Commonwealth of Kentucky, et al., Appellants, v. Reverend C. Harry RUDASILL, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 18, 1979.

Attorney(s) appearing for the Case

Bert T. Combs and William E. Scent, Tarrant, Combs & Bullitt, Louisville, Robert F. Stephens, Atty. Gen., Robert L. Chenoweth, Asst. Atty. Gen., Edward L. Fossett, Legal and Legislative Services, Kentucky Dept. of Ed., Frankfort, for appellants.

William B. Ball, Ball & Skelly, Harrisburg, Pa., Theodore H. Amshoff, Jr., Amshoff & Amshoff, Louisville, for appellees.

John C. Fogle, and F. C. Bryan, Bryan, Fogle & Riggs, Mount Sterling, for Kentucky Ass'n of School Administrators and Kentucky School Bd. Ass'n, amici curiae.

Arthur L. Brooks and Jennifer Coffman, Lexington, John J. Slattery, Jr., Gen. Counsel, Kentucky Ed. Ass'n, Louisville, for Kentucky Ed. Ass'n, amici curiae.

William Katzinski, Louisville, for Lutheran Ed. Ministries of Kentuckiana, Inc., amici curiae.

Robert L. Heleringer, Louisville, for League of Catholic Parent-Teacher Associations of the Archdiocese of Louisville, Kentucky, amici curiae.

Walter E. Carson, Johns, Carson & Boothby, Washington, D. C., for General Conference of Seventh-Day Adventists, amici curiae.

William E. Johnson, Frankfort, for amici curiae.

LUKOWSKY, Justice.

This case requires us to establish the perimeter within which the Commonwealth may regulate the curriculum and instruction in private and parochial schools. The trial court held that the Commonwealth's textbook approval, teacher certification, and school accreditation requirements, accompanied by the threatened prosecutions of the respondents for alleged violations of the compulsory education laws, violated the first amendment to the federal constitution...

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