Appellants, boards of education, chairman, and directors, sought review of an order from a trial court (Kentucky), which held that the commonwealth's textbook approval, teacher certification, and school accreditation requirements, accompanied by the threatened prosecutions of appellees, pastors, churches, parents, and church schools, for alleged violations of the compulsory education laws, violated U.S. Const. amend. I. and Ky. Const. § 5.
OVERVIEW: Appellees initiated the action against appellants, seeking a declaratory judgment that the commonwealth's standards for approval of private church schools were invalid. The trial court held that the commonwealth's textbook approval, teacher certification, and school accreditation requirements violated the state and the federal constitutions.
On appeal, the court affirmed in part and reversed in part, concluding the delegates in adopting an amendment to the Kentucky Constitution intended to permit the commonwealth to prepare its children to intelligently exercise the right of suffrage by compelling attendance at a formal school, public or private or parochial, for a legislatively determined period each year.
-The state could not require public school attendance to the exclusion of private and parochial schools.
-It could not have been said as an absolute that a teacher in a non-public school who was not certified under Ky. Rev. Stat. § 161.030(2) would have been unable to instruct children to become intelligent citizens.
-Insofar as 704 Ky. Admin. Regs. § 10.022 applied the state accreditation standards to Kentucky's private and parochial, it had to fall.
OUTCOME: The court affirmed in part and reversed in part the trial court's judgment, which held that the commonwealth's textbook approval, teacher certification, and school accreditation requirements violated the state and the federal constitutions in the action brought by appellees against appellants.
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