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Hoots v. Commonwealth of Pennsylvania

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


argued: March 3, 1992.

DOROTHY HOOTS, INDIVIDUALLY AND AS MOTHER OF HER CHILDREN, JANELLE HOOTS AND JAMIE HOOTS, MRS. ADDRALLACE KNIGHT, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF HER CHILDREN RONALD KNIGHT, LORETTA KNIGHT, TERRANCE KNIGHT, MARC KNIGHT AND BYRON KNIGHT, BARBARA SMITH, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF HER CHILDREN TAWANDA SMITH, TEVELA SMITH, JOSEPH SMITH, WESLEY SMITH AND ERIC SMITH; ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED MAE HELEN WOODY, JUANITA JORDON, APPELLANTS IN NO. 91-3316
v.
COMMONWEALTH OF PENNSYLVANIA; EDWARD X. HALLENBERG; PRESIDENT OF THE ALLEGHENY COUNTY BOARD OF SCHOOL DIRECTORS; THE ALLEGHENY COUNTY BOARD OF SCHOOL DIRECTORS; W. DEMING LEWIS, CHAIRMAN OF THE PENNSYLVANIA STATE BOARD OF EDUCATION; MICHAEL SULLIVAN, PRESIDENT OF THE SCHOOL DISTRICT OF THE BOROUGH OF BRADDOCK, THE SCHOOL DISTRICT OF THE BOROUGH OF BRADDOCK, ANDREW LISYAK, PRESIDENT OF THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF THE BOROUGH OF RANKIN; THE SCHOOL DISTRICT OF THE BOROUGH OF RANKIN, LEO CAMPBELL, PRESIDENT OF THE SCHOOL BOARD OF THE SCHOOL DISTRICT OF THE BOROUGH OF NORTH BRADDOCK; AND THE SCHOOL DISTRICT OF THE BOROUGH OF NORTH BRADDOCK; THE ALLEGHENY INTERMEDIATE UNIT BOARD OF SCHOOL DIRECTORS AND EDWARD X. HALLENBERG AS PRESIDENT OF THE ALLEGHENY INTERMEDIATE BOARD OF SCHOOL DIRECTORS; CHURCHILL AREA SCHOOL DISTRICT; EDGEWOOD SCHOOL DISTRICT; SWISSVALE AREA SCHOOL DISTRICT; TURTLE CREEK AREA SCHOOL DISTRICT, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION, APPELLANT IN NOS. 91-3317 AND 91-3436, WOODLAND HILLS SCHOOL DISTRICT, APPELLANT IN NO. 91-3319

On Appeal From the United States District Court For the Western District of Pennsylvania. (D.C. Civil Action No. 71-00538). District Judge: Honorable Maurice B. Cohill, Jr.

Before: Stapleton, and Mansmann, Circuit Judges and Fullam, District Judge*fn*

With the sole exception of its rejection of the proposal relating to student activities, all aspects of the district court's Disposition of this controversy are approved. The order in appeal number 91-3436 will be affirmed. The orders in appeal numbers 91-3316, 91-3317, and 91-3319 will be reversed and the case will be remanded to the district court so that it may resolve the student activities issue in conformity with this opinion.


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