DELCONTE v. STATE

No. 9PA84.

329 S.E.2d 636 (1985)

313 N.C. 384

Larry DELCONTE v. STATE of North Carolina.

Supreme Court of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Thomas E. Strickland, Goldsboro, for plaintiff-appellant.

Rufus L. Edmisten, Atty. Gen. by Andrew A. Vanore, Jr., Sr. Deputy Atty. Gen., and Edwin M. Speas, Jr., Sp. Deputy Atty. Gen., Raleigh, for the State appellee.

John W. Whitehead, Manassas, Va., Holleman & Stam by Paul B. Stam, Jr., Apex, for The Rutherford Institute.

Ware, Parker, Johnson, Cook & Dunlevie by Wendell R. Bird, Richard W. Summers, Atlanta, Ga., for The Rutherford Institute of Georgia Legal Defense Foundation, amici curiae.

Frank J. Sizemore, III, Greensboro, and Richard B. Harper, Durham, for The Christian Legal Society, amicus curiae.

Tharrington, Smith & Hargrove by George T. Rogister, Jr., and Ann L. Majestic, Raleigh, for The North Carolina School Boards Ass'n, amicus curiae.


EXUM, Justice.

Plaintiff educates his children at home. The dispositive question for decision is whether plaintiff's home instruction is prohibited by our compulsory school attendance statutes.1 We conclude that it is not. We do not, therefore, reach the question whether these statutes would violate plaintiff's constitutional freedoms if they prohibited him from so educating his children.

I.

Delconte instituted this action...

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