JOHNSON v. CHARLES CITY COMM. SCHOOLS BD.

No. 83-493.

368 N.W.2d 74 (1985)

Rev. Randy JOHNSON, Mr. & Mrs. Richard Rutherford, Mr. & Mrs. Fred Pruessner, Mr. & Mrs. Martin Miller, Mrs. Mary Drake, Mrs. Gail Vosburgh, Mrs. Henrietta Santee, Mr. & Mrs. Ronald Callow, Mr. & Mrs. Frank Marion, Mr. & Mrs. Gary Nelson, Mr. & Mrs. Michael Hoffman, Mr. & Mrs. Richard Hoffler, and Calvary Baptist Church, Appellants, v. CHARLES CITY COMMUNITY SCHOOLS BOARD OF EDUCATION, Iowa State Board of Public Instruction, Robert Benton, State Superintendent of Public Instruction Mark Klett, District Secretary for Charles City Community Schools Board of Education, Ronald Noah, Floyd County Attorney, Philip N. Norland, Worth County Attorney, Richard N. Tompkins, Cerro Gordo County Attorney, and William A. Heintz, Chickasaw County Attorney, Appellees. Fred M. PRUESSNER and Donna Pruessner, Rev. A.C. Wegner, Jr., Martin Miller and Emily Miller, Dallas Michelson and Jean Michelson, Robert J. Crooks and Sue Crooks, and Gail Vosburgh, Appellants, v. Dr. Robert BENTON, Superintendent of Public Instruction and State Board of Public Instruction, Appellees.

Supreme Court of Iowa.

Rehearing Denied July 26, 1985.


Attorney(s) appearing for the Case

Craig R. Hastings, Ames, and Daniel John Loomis and Charles E. Craze of Gibbs & Craze Co., L.P.A., Cleveland, Ohio, for appellants.

Thomas J. Miller, Atty. Gen., Merle Wilna Fleming, Asst. Atty. Gen., Ronald K. Noah, Floyd Co. Atty., William A. Heintz, Chickasaw Co. Atty., and Judith O'Donohoe, Charles City, for appellees.

Considered en banc.


HARRIS, Justice.

Plaintiffs are the pastor and certain members of a fundamentalist Baptist church in Charles City. The controversy arose following their organization of a parochial school. The parents were charged with violating Iowa's compulsory attendance law, Iowa Code section 299.1 (1983). The section is quite typical in that it places the sanction for failure to attend on the parent rather than the child. The parents...

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