Texas Education Agency v. Leeper

in which PHILLIPS, Chief Justice, and HIGHTOWER, DOGGETT, CORNYN, GAMMAGE, ENOCH and SPECTOR, Justices, join, and in Parts I, II and III of which GONZALEZ, Justice, joins.

All school-age children in Texas are required to attend public schools a minimum number of days each year unless exempted by law. Tex.Educ.Code § 21.032. Among those exempt from this requirement is “any child in attendance upon a private or parochial school which shall include in its course a study of good citizenship”. Id. § 21.033(a)(1). The dispute in this class action centers on whether the private school exemption…