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PHILLIP LEON M. v. BD. OF EDUC.

No. 23349.

484 S.E.2d 909 (1997)

199 W.Va. 400

PHILLIP LEON M., and Sharon C., as Next Friends of J.P.M., Petitioners Below, Appellees, v. GREENBRIER COUNTY BOARD OF EDUCATION, Stephen Baldwin, Superintendent; and Bruce Bowling, Jim Anderson, Sue King, Gordon Hanson and John Deitz, Individually and as Members of the Greenbrier County Board of Education, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Jesse O. Gullis, Jr., Lewisburg, for Appellants.

Eric M. Francis, Lewisburg, for Appellees.

Gregory W. Bailey, Charleston, for Amici Curiae, The West Virginia Association of School Administrators, and the Boards of Educations of Barbour, Boone, Gilmer, Jackson, Kanawha, McDowell, Pocahontas, Roane, Taylor, Tucker, Wayne, Wetzel & Wyoming Counties.

Jodie M. Boylen, Assistant, Wood County Prosecutor's Office, Parkersburg, for Amicus Curiae, The Board of Education of the County of Wood.

RECHT, Judge, delivered the Opinion of the Court.1

The Greenbrier County Board of Education, et al.2 (hereinafter Board of Education) appeals an order of the Circuit Court of Greenbrier County requiring the Board of Education to provide some form of alternative education to J.P.M.3, who was expelled after bringing a firearm onto school property. Based on the constitutional...

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