Legal Opinion

Floyd v. Smith

District Court, E.D. Tennessee

Decided March 12, 1993No. CIV-3-92-608Published

1Opinion of the Court

ORDER

HULL, District Judge.

This is a civil rights action, 42 U.S.C. § 1983, brought by parents who lack bachelor’s degrees but who, nevertheless, school their 9-12th grade children at home. They challenge the constitutionality of Tenn.Code Ann. § 49 — 6—3050(b)(7) 1 , which requires parents to have a bachelor’s degree or a statutory exemption in order to home school their own children beyond the 8th grade. They also challenge the actions of Charles E. Smith, Commissioner of Education, for his blanket policy of refusing virtually all applications for a statutory exemption, including their own.…

2Cases cited9 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. Runyon v. McCrarySupreme Court of the United States · 1976
  3. James O. Pollard, Etc. v. Lila Cockrell, Etc.Court of Appeals for the Fifth Circuit · 1978
  4. Lee v. HallCourt of Appeals of Tennessee · 1990
  5. Salaam v. LockhartCourt of Appeals for the Eighth Circuit · 1990

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