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COM. v. KERSTETTER

No. 60 MAP 2013

94 A.3d 991 (2014)

COMMONWEALTH of Pennsylvania, Appellee v. Jennifer Ann KERSTETTER, Appellant.

Supreme Court of Pennsylvania.

Decided June 16, 2014.

Attorney(s) appearing for the Case

Darren A. Jones, Esq. , James R. Mason III, Esq. , Home School Legal Defense Association, Richard Winkler, Esq. , Butcher & Winkler, Titusville, for Home School Legal Defense Association.

Patrick Adam Johnson, Esq. , Snyder County Public Defender's Office, for Jennifer Ann Kerstetter.

Michael F.J. Piecuch, Esq. , for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Chief Justice CASTILLE.

This appeal concerns whether the Pennsylvania School Code's compulsory school age and attendance provisions (24 P.S. §§ 13-1326 & 13-1327) apply to children under eight years old whose parents voluntarily enroll them in public kindergarten programs made available by school districts. The trial court and Commonwealth Court both held that once a child who meets a...

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