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JONES v. WEST VIRGINIA STATE BD. OF EDUC.

Nos. 31785, 31786.

622 S.E.2d 289 (2005)

218 W.Va. 52

Daniel JONES and Christie Jones, Plaintiffs Below, Appellees, v. WEST VIRGINIA STATE BOARD OF EDUCATION; State Superintendent David Stewart; Marion County Board of Education; Marion County Superintendent Thomas Long; and West Virginia Secondary School Activities Commission, Defendants Below, West Virginia State Board of Education and State Superintendent David Stewart, Appellants. Daniel Jones and Christie Jones, Plaintiffs Below, Appellees, v. West Virginia State Board of Education; State Superintendent David Stewart; Marion County Board of Education; Marion County Superintendent Thomas Long; and West Virginia Secondary School Activities Commission, Defendants Below, West Virginia Secondary Schools Activities Commission, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 6, 2005.

Dissenting Opinion of Justice Starcher July 12, 2005.

Dissenting Opinion of Justice Benjamin August 8, 2005.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Charleston, for the Appellants, West Virginia State Board of Education and State Superintendent David Steward.

Randall A. Minor, West Virginia University, College of Law, Morgantown, for the Appellees.

William B. McGinley, Charleston, for Amicus Curiae, West Virginia Education Association.

Stephen R. Brooks, Flaherty, Sensabaugh & Bonasso, Morgantown, for the Appellants, Marion County Board of Education and Marion County Superintendent Thomas Long.

William R. Wooton, Beckley, for the Appellant, West Virginia Secondary School Activities Commission.

Gregory W. Bailey, Bowles Rice McDavid Graff & Love, L.L.P., Charleston, for Amicus Curiae, West Virginia School Boards Association.

Charles F. Donnelly, Jeffrey G. Blaydes, Donnelly & Carbone, P.L.L.C., Charleston, for Amicus Curiae, West Virginia Federation of Teachers, AFL-CIO.

DAVIS, Justice:

This is an appeal from an order of the Circuit Court of Kanawha County rendered in favor of the parents of a home-schooled child with respect to their claim that their child should be permitted to participate in interscholastic athletics notwithstanding his home-schooled status. On appeal, the West Virginia State Board of Education, State Superintendent David Stewart, the Marion County Board of Education, Marion County Superintendent Thomas Long, and...

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