COMBS v. HOMER-CENTER SCHOOL DIST.

Nos. 06-3090, 06-3091, 06-3092, 06-3093, 06-3094, 06-3095.

540 F.3d 231 (2008)

Mr. Darrell COMBS; Mrs. Kathleen Combs, Appellants at No. 06-3090, v. HOMER-CENTER SCHOOL DISTRICT; Joseph F. Marcoline, in his official capacity as Superintendent of Homer-Center School District; Titusville Area School District; Bristol Township School District; Franklin Regional School District (D.C. Civil Action No. 04-cv-1599). Dr. Thomas Prevish; Timari Prevish, Appellants at No. 06-3091, v. Norwin School District, Richard Watson, in his official capacity as Superintendent of Norwin School District (D.C. Civil Action No. 04-cv-1670). Dr. Mark Newborn; Mrs. Maryalice Newborn, Appellants at No. 06-3092. v. Franklin Regional School District; Stephen Vak, in his official capacity as Superintendent of Franklin Regional School District (D.C. Civil Action 04-cv-1932). Mr. Thomas Hankin; Mrs. Babette Hankin, Appellants at No. 06-3093, v. Bristol Township School District; Regina Cesario, in her official capacity as Superintendent of Bristol Township School District (D.C. Civil Action 04-cv-1936). Mr. Douglas Nelson; Mrs. Shari Nelson, Appellants at No. 06-3094, v. Titusville Area School District; John D. Reagle, in his official capacity as Acting Superintendent of Titusville Area School District (D.C. Civil Action 05-cv-0070). Rev. Steven Weber; Mrs. Meg Weber, Appellants at No. 06-3095, v. DuBois Area School District; Sharon Kirk, in her official capacity as Superintendent of DuBois Area School District (D.C. Civil Action 05-cv-0203).

United States Court of Appeals, Third Circuit.

Filed August 21, 2008.


Attorney(s) appearing for the Case

Michael P. Farris, Esquire (Argued), James R. Mason, III, Esquire, Home School Legal Defense Association, Purcellville, VA, Attorneys for Appellants.

Carl P. Beard, Jr., Esquire, Patrick J. Fanelli, Esquire, Andrews & Beard Altoona, PA, Attorneys for Appellee, Homer-Center School District.

Christina Lane, Esquire, Andrews & Price, Pittsburgh, PA, Attorney for Appellees, Homer-Center School District, Titusville Area School District, Bristol Township School District, Franklin Regional School District, Stephen Vak, in his official capacity as Superintendent of Franklin Regional School District, Norwin School District, DuBois Area School District.

Patricia K. Smith, Esquire, Knox McLaughlin Gornall & Sennett Erie, PA, Attorney for Appellees, Titusville Area School District, John D. Reagle, in his official capacity as Acting Superintendent of Titusville Area School District.

Paul N. Lalley, Esquire (Argued), Levin Legal Group, P.C. Huntingdon Valley, PA, Attorney for Appellees, Bristol Township School District, Regina Cesario, in her official capacity as Superintendent of Bristol Township School District.

Michael L. Brungo, Esquire, Ronald R. Lucas, Jr., Esquire, Alfred C. Maiello, Esquire, Maiello Brungo & Maiello, LLP, Pittsburgh, PA, Attorneys for Appellees, Norwin School District, Richard Watson, in his official capacity as Superintendent of Norwin School District, DuBois Area School District, Sharon Kirk, in her official capacity as Superintendent of DuBois Area School District.

Christopher C. Lund, Esquire, Dechert LLP Philadelphia, PA, Attorney for Amicus Curiae-Appellant, American Civil Liberties Union of Pennsylvania.

Ann G. St. Ledger, Esquire, Office of Attorney General of Pennsylvania Department of Education, Harrisburg, PA, Attorney for Amicus Curiae-Appellee, Pennsylvania Department of Education.

Sean A. Fields, Esquire, Pennsylvania School Boards Association Mechanicsburg, PA, Attorney for Amicus Curiae-Appellee, Pennsylvania School Boards Association.

Jeffrey I. Pasek, Esquire, Cozen & O'Connor, Philadelphia, PA, Attorney for Amicus Curiae-Appellee, Jewish Social Policy Action Network.

Before: SCIRICA, Chief Judge, AMBRO and JORDAN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

At issue is whether certain parents who home-school their children must comply with the reporting and review requirements of Pennsylvania's compulsory education law. Compliance, the parents contend, would violate their sincerely held religious beliefs. The Commonwealth of Pennsylvania demurs, contending its compulsory education law neither substantially burdens the free exercise of religion nor transgresses neutral application...

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