GALLERY v. SECONDARY SCH. ACTIVITIES COM'N

No. 25480.

518 S.E.2d 368 (1999)

205 W.Va. 364

Philip D. GALLERY, Sharon M. Gallery, natural guardians and next friends of Matthew Robert Gallery, Plaintiffs below, Appellants, v. WEST VIRGINIA SECONDARY SCHOOLS ACTIVITIES COMMISSION and Warren Carter, Executive Secretary, West Virginia Secondary Schools Activities Commission; and All Other Members of the West Virginia Secondary Schools Activities Commission, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 9, 1999.


Attorney(s) appearing for the Case

Richard G. Gay, Esq., Margaret B. Gordon, Esq., Berkeley Springs, West Virginia, Attorneys for Appellants.

William R. Wooton, Esq., The Wooton Law Firm, Beckley, West Virginia, Attorney for Appellees.

Brentz H. Thompson, Lewisburg, West Virginia, Attorney for Amici Curiae, The West Virginia School Boards Assoc.


PER CURIAM:

I.

In October of 1995, Matthew Gallery, then of 7th grade age, was being "home schooled" in Hampshire County, West Virginia.1 Matthew and his parents, Philip and Sharon Gallery, the appellants herein, asked permission from the principal of their local junior high school, Capon Bridge Junior High, for Matthew to try out for the school's cross-country team. The principal told the Gallerys that

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