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SMITH v. W. VA. STATE BD. OF EDUC.

No. 15454.

295 S.E.2d 680 (1982)

George David SMITH, etc., et al. v. The W. VA. STATE BOARD OF EDUCATION, etc., et al., and the Roane County Board of Education, et al.

Supreme Court of Appeals of West Virginia.

Concurring and Dissenting Opinion September 8, 1982.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for petitioners.

Chauncey H. Browning, Jr., Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, for State Bd. of Educ.

Frederick D. Fahrenz, Jeffrey K. Materly, Preiser & Wilson, Charleston, for Roane CBE.

Jacqueline A. Kinnaman, Charleston, for intervenor.

MILLER, Chief Justice:

In this original mandamus action the petitioner, George David Smith, through his parents as next friends, seeks to challenge the constitutionality of the in loco parentis1 doctrine generally embodied in W.Va.Code, 18A-5-1.2 He also contends that one of the respondents, the West Virginia State Board of Education, has failed under W.Va...

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