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D.F. v. CODELL

No. 2001-SC-0718-DG.

127 S.W.3d 571 (2003)

D.F., the Natural Parent and Next Friend of M.F., a Minor, on Behalf of Themselves and all Others Similarly Situated, Appellants, v. James C. CODELL, III, Secretary of the Transportation Cabinet, Commonwealth of Kentucky; Thomas Boyson (Now Wilmer C. Cody), Secretary of the Department of Education, Commonwealth of Kentucky; Kentucky State Board for Elementary and Secondary Education (Now the Kentucky Board of Education); and Calloway County School Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Randall Alan Hutchens, Max W. Parker, Murray, Counsel for Appellants.

Mary R. Harville, Trevor L. Earl, Reed Weitkamp Schell & Vice PLLC, Louisville, Counsel for Appellee, James C. Codell, III, Secretary of the Transportation Cabinet, Commonwealth of Kentucky.

Robert V. Bullock, Assistant Attorney General, D. Brent Irvin, Assistant Attorney General, Civil & Environmental Law Division, Office of the Attorney General, Frankfort, Counsel for Appellees, Thomas Boyson (Now Wilmer C. Cody), Secretary of the Department of Education, Commonwealth of Kentucky, and Kentucky State Board for Elementary and Secondary Education (Now the Kentucky Board of Education).

Richard W. Jones, Hurt & Jones, Murray, Michael A. Owsley, English, Lucas, Priest & Owsley, Bowling Green, Counsel for Appellee, Calloway County School Board.

JOHNSTONE, Justice.

This class action challenges the constitutionality of KRS 159.051, Kentucky's "no pass-no drive" law. The trial court struck the statute down on a variety of grounds, including the conclusion that the statute unlawfully discriminates against students with educational disabilities and because the statute violates students' constitutional rights to equal protection under the law and substantive due process...

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