TEXAS EDUC. AGENCY v. LEEPER

No. 2-87-216-CV.

843 S.W.2d 41 (1991)

TEXAS EDUCATION AGENCY; Commissioner of Education, W.N. Kirby; Assistant General Counsel of the Texas Education Agency, F. Patrick Whelan; Jim Mattox, Attorney General of Texas; Arlington Independent School District, its school attendance officer, Max Kidd; Katy Independent School District, its school attendance officer, Helena Blackstock; and El Paso Independent School District, its school attendance officer, Charles F. Hart, Individually and in Behalf of the Class of Public School Districts and Their School Attendance Officers in the State of Texas, Appellants, v. Gary W. LEEPER and wife, Cheryl Leeper, Bruce Smythe and wife, Patricia Smythe, Calvin E. Minkler and wife, Wanda Minkler, Quinten T. Parten, Jr. and wife, Sandra Parten, Tony Martinez and wife, Suzanne Martinez, Charles Kent and wife, Corlee Kent, John W. Jackson, Jr. and wife, Helen Jackson, Michael R. Galbraith and wife, Sally K. Galbraith, and Richard Wells and wife, Kay Wells, Individually and Representative of all Persons who are Teaching their Children at Home in the State of Texas; Calvert School, Incorporated, First Baptist Academy of Dallas, Reform Publications, Inc., d/b/a Basic Education, American Christian Schools, Incorporated, and Christian Liberty Academy Satellite Schools, Individually and Representative of all other Entities Who are Providing Home School Curricula and Instruction to Families Residing in the State of Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 31, 1991.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Mary F. Keller, First Asst., Lou McCreary, Executive Asst., James C. Todd, Chief, General Litigation, and Kevin T. O'Hanlon, Asst., Austin, for appellant Texas Educ. Agency, et al.

Ball, Landrith, Kulesz & Hubble, Chester G. Ball, Arlington, for appellant Arlington I.S.D.

Bracewell & Patterson, Janet L. Horton, Houston, for appellant Katy I.S.D.

Grambling & Mounce, S. Anthony Safi and Steven L. Hughes, El Paso, for appellant El Paso I.S.D.

Law Offices of J. Shelby Sharpe, J. Shelby Sharpe, Fort Worth, The Rutherford Institute, John W. Whitehead, Manassas, Va., Locke, Purnell, Rain, Harrell, Morris Harrell, Dallas, for appellees.

Before FARRIS, LATTIMORE and MEYERS, JJ.


OPINION

LATTIMORE, Justice.

This is an appeal of the judgment in a class action suit brought by home school parents and home school providers under 42 U.S.C.S. § 1983 (1986) (Civil action of deprivation of rights) and Tex.Civ.Prac. & Rem.Code Ann. § 37.001 et seq. (Vernon 1986) (Declaratory Judgments Act) against the Texas Education Agency, its Assistant General Counsel, Texas Attorney General Jim Mattox, and three independent school districts...

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