Vandiver v. Hardin County Board of Education

925 F.2d 927
Court of Appeals for the Sixth Circuit·Decided February 12, 1991·No. No. 89-5776·Published·Cited by 9 cases

Opinion

ENGEL, Senior Circuit Judge.

At issue here is the extent to which a student can compel a public school to award him academic credit for course work completed in a religious home study program, when state law allows the public school to require students to pass examinations before receiving credit for courses studied at home. Brian Vandiver and his parents, Ronald and Kathy Vandiver, allege that the Hardin County Board of Education and various public school officials improperly required Brian to pass equivalency exams in order to gain credit for his religious home study program, thereby allegedly violating the Vandivers’ constitutional rights under the free exercise, due process and equal protection clauses of the U.S. Constitution. The Vandivers brought suit under 42 U.S.C. sections 1983 and 1985 for declaratory, injunctive and monetary relief. Their complaint also included pendent state law claims under the religious liberty clause of the Kentucky Constitution, section 5. Following hearings on the preliminary injunction and on the merits, the district court ruled against the plaintiffs on each of their federal claims and granted the defendants’ motion to dismiss the action.

We agree with the judgment of the district court on each of the issues presented and affirm the dismissal of the federal claims with prejudice. We remand the case only for issuance of an order indicating that the plaintiffs’ state law claims were dismissed without prejudice.

[929]*929I. FACTS

Ronald and Kathy Vandiver describe themselves as devout “spirit-filled, born-again” Christians. Their son Brian, born July 1, 1970, encountered disciplinary and academic problems in the eighth grade, and was forced to repeat that year of classes. Brian’s behavioral and academic troubles continued during his freshman (ninth grade) year at West Hardin (Kentucky) High School, and his parents decided that Kathy Vandiver would teach Brian his tenth grade courses at home during the 1986-87 school year using a Christian course of instruction called Alpha Omega. In addition to Bible study, the program provided a Christian perspective to courses in the core curriculum of the state Board of Education.

During the year of home study, Brian’s attitude and achievement levels improved significantly, and he and his parents agreed that he could return to the public high school for the coming 1987-88 school year. Brian successfully completed the 1987-88 school year at the public high school, pursuing primarily an eleventh grade course of study. However at the beginning of the 1988-89 school year, he was not classified by school officials as a senior (twelfth grade student). School administrators contended that Brian had failed to comply with the following state administrative regulation:

The local school district shall be responsible for the appropriate assignment of a student transferring from a nonaccredit-ed secondary school to the class or grade best suited for the student. Previous credit earned by a student in a nonae-credited secondary school shall be awarded by the local school district by one (1) of the two (2) following methods:
(a) Pass an examination of similar nature and content to the examination used for other students receiving credit for a particular course within the school district and graded on a comparable basis; or
(b) Successful performance of the student in a higher level of the course when the courses are sequential in nature such as English, mathematics, history, and science. Successful performance shall be defined as achieving an average grade in the course by the twelfth week of school.

704 Ky.Admin.Reg. 3:307, § 2. Options (a) and (b) will be referred to as “equivalency testing” and “probationary placement” respectively.

In the fall of 1987, after Brian’s year of home instruction, Kathy Vandiver had agreed with defendant Kelley, the principal of West Hardin High School, that Brian would take equivalency tests in certain areas to qualify for credit. Since the equivalency tests were to be based on the specific content of the public high school courses rather than the Alpha Omega course that Brian had actually studied, Brian would have been required to study unfamiliar textbooks to prepare for the exams. To lessen Brian’s load, Kathy Vandiver agreed with Kelley that Brian would be tested in only two subjects, then would take correspondence courses offered by another county for credit in the remaining courses.

Several weeks later, upon seeing how much studying would be necessary to handle this combined load, Kathy and Ronald Vandiver decided that the burden of testing and extra courses would prove too onerous for Brian. For his part, Brian decided on the basis of his religious belief that the load was unfair and more than what God would want him to bear. The Vandivers then asked the West Hardin High principal if he would drop the equivalency testing requirement since Brian had by that point been back in the public school for twelve weeks and had met the requirements for the probationary placement option under the regulations. In November 1987, the principal took the request to the county school board, which decided to maintain the equivalency testing requirement. The school board’s decision was reached at a meeting open to the public, but the Vandi-vers were not specifically informed that they could or should attend. Brian declined to take the required equivalency tests, and school officials refused to classify him as a senior for the 1988-89 school year.

[930]*930In December 1988, the Vandivers asked to appear before the Board of Education to discuss their concerns about Brian’s academic standing in the public school. Although the Board initially told the Vandi-vers they would have two hours to speak, the Board later reduced the allotted time to thirty minutes. After the Vandivers learned that none of Brian’s teachers would speak on his behalf, allegedly because of pressure from their superiors, the Vandi-vers decided not to attend the school board meeting. On April 5, 1989, the Vandivers commenced this lawsuit, seeking to compel the school board to award Brian academic credit for his year of tenth grade study at home.

II.STATUTE OF LIMITATIONS

The district court held that under Owens v. Okure, 488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989), the plaintiffs’ section 1983 action was not timely filed under Kentucky law, correctly anticipating this circuit’s decision in Collard v. Kentucky Bd. of Nursing, 896 F.2d 179, 181-83 (6th Cir.1990). The Supreme Court in Owens stated:

We accordingly hold that where state law provides multiple statutes of limitations for personal injury actions, courts considering § 1983 claims should borrow the general or residual statute for personal injury actions.

488 U.S. at 249-50, 109 S.Ct. at 582 (footnote omitted).

Relying on Owens, the court in Collard

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Vandiver v. Hardin County Board of Education, 925 F.2d 927 (6th Cir. 1991).

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