Kennedy v. BOARD OF EDUC., McDOWELL CTY.

This mandamus proceeding was instituted by Charlotte and Dennis Kennedy, the parents of seven-year old D.J. Kennedy, and Deborah and Kenneth Kennedy, the parents of six-year old Francesca “Hope” Kennedy. The petitioners seek a writ of mandamus to compel the McDowell County Board of Education to provide transportation to the petitioners’ children to and from public schools of the county. The Board has heretofore refused to provide such transportation.

Both Kennedy families live in McDowell County on a dirt road known as Dry Mon day Branch. Dry Monday Branch is not part of the state road system…