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VANDIVER v. HARDIN COUNTY BD. OF EDUC.

No. 89-5776.

925 F.2d 927 (1991)

Brian VANDIVER; Ronald Vandiver and Kathy Vandiver, Plaintiffs-Appellants, v. HARDIN COUNTY BOARD OF EDUCATION; Stephen W. Towler, as Superintendent of Schools for Hardin County Public Schools, and Individually; William E. Kelley, as Principal of West Hardin High School, and Individually; Kenneth Hayden, James A. Mayer, Harold Miller, James R. Aldridge, and J.R. Cardin, as Members of the Hardin County School Board, and Individually; and Commonwealth of Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1991.

Attorney(s) appearing for the Case

Theodore H. Amshoff, Jr. (argued), Guy Anthony Bayes, Amshoff, Amshoff & Searcy, James M. Henderson, Sr., Christian Advocates Serving Evangelism, Washington, D.C., for plaintiffs-appellants.

Robert L. Chenoweth (argued), Bryan, Fogle & Chenoweth, Frankfort, Ky., Donald E. Skeeters, Kimberly, Winkenhofer, Shumate, Skeeters & Bennett, Radcliff, Ky., for defendants-appellees.

Frederic J. Cowan, Atty. Gen., David Vandeventer, Asst. Atty. Gen., Frankfort, Ky., for Com. of Ky.

Before KENNEDY, Circuit Judge, and ENGEL and WELLFORD, Senior Circuit Judges.

ENGEL, Senior Circuit Judge.

At issue here is the extent to which a student can compel a public school to award him academic credit for course work completed in a religious home study program, when state law allows the public school to require students to pass examinations before receiving credit for courses studied at home. Brian Vandiver and his parents, Ronald and Kathy Vandiver, allege that the Hardin County Board of Education and various public school officials...

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