KAPTEIN v. CONRAD SCHOOL DIST.

No. 96-490.

931 P.2d 1311 (1997)

Tami KAPTEIN, a minor child, By and Through her parents Kathy KAPTEIN and Marvin Kaptein, Plaintiffs and Appellants, v. CONRAD SCHOOL DISTRICT, State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided February 6, 1997.


Attorney(s) appearing for the Case

Cameron Ferguson; Hartelius, Ferguson, Baker & Kazda, Great Falls, for Plaintiffs and Appellants.

Ronald F. Waterman and Catherine M. Swift; Gough, Shanahan, Johnson & Waterman, Helena, for Defendant and Respondent.

Janice Frankino Doggett, Helena, for Amicus, Montana School Boards Association.

Elizabeth A. Kaleva, Helena, for Amicus, School Administrators of Montana.

Dennis Moreen, Helena, for Amicus, Montana Education Association.

Geralyn Driscoll, Helena, for Amicus, Office of Public Instruction.

Jock O. Anderson, Helena, for Amicus, Montana High School Association.


LEAPHART, Justice.

Kathy and Marvin Kaptein (Kapteins) are residents and taxpayers in Conrad, Montana. In October of 1995, the Kapteins filed suit in the Ninth Judicial District Court, Pondera County, asking the court to enter a judgment requiring that the Conrad School District Board of Trustees allow their 7th grade daughter, Tami, to participate in the public school sports programs. Tami was, and is, a student at the Conrad Christian School. The private school...

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