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CATHE A. v. DODDRIDGE COUNTY BD. OF EDUC.

No. 23350.

490 S.E.2d 340 (1997)

200 W.Va. 521

CATHE A., Guardian of C.E.A., an infant under the age of 18 years, Petitioner Below, Appellee, v. DODDRIDGE COUNTY BOARD OF EDUCATION, Ronald K. Nichols, Superintendent; and William J. Curran, Martha M. Devericks, James J. Dukate, Clifford L. Willis and Monzel Rex Zickefoose, Individually and as a Member of the Doddridge County Board of Education, Respondents Below, Doddridge County Board of Education, Appellant.

Supreme Court of Appeals of West Virginia.

Resubmitted February 25, 1997.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Matthew W. Alexander, West Union, R. Clarke VanDervort, Payne, Loeb and Ray, Charleston, Michael A. Kawash, Robinson & McElwee, South Charleston, for Appellee.

Bethann R. Lloyd, Harry M. Rubenstein, Kay Casto Chaney Love & Wise, Morgantown, for Appellant.

Deborah L. McHenry, Managing Deputy Attorney General, Charleston, for the Attorney General, State of West Virginia.

Henry D. Hager, II, Alison Patient, Michael Crane, Charleston, for Amici Curiae West Virginia Legislature.

Darrell V. McGraw, Attorney General, Kelli D. Talbott, Senior Assistant Attorney General, Cynthia E. Evans, Special Assistant Attorney General, Charleston, for West Virginia, Dept. of Education and West Virginia Superintendent of Schools.

STARCHER, Justice:

The first issue which we address in this appeal by the Doddridge County Board of Education is whether the Productive and Safe Schools Act of 1995, which requires that children who bring dangerous weapons to school be removed from school for up to 12 months, violates the provisions of the West Virginia Constitution which make education a fundamental, constitutional right. Because the Act is narrowly...

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