[DOWNLOAD] "Doohan v. Bigfork Sch. Dist. No. 38" by Supreme Court of Montana " eBook PDF Kindle ePub Free

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eBook details

• Title: Doohan v. Bigfork Sch. Dist. No. 38
• Author : Supreme Court of Montana
• Release Date : January 05, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Kathy and Marvin Kaptein (Kapteins) are residents and taxpayers in Conrad, Montana. In October of 1995, the Kapteins filed suit in the Ninth Judicial District Court, Pondera County, asking the court to enter a judgment requiring that the Conrad School District Board of Trustees allow their 7th grade daughter, Tami, to participate in the public school sports programs. Tami was, and is, a student at the Conrad Christian School. The private school in which Tami is enrolled offers ski days and arranges for basketball practices and an intramural game. The Conrad area offers some additional athletic programs which Tami participates in, for example, soccer and softball. In addition, Tami seeks to play on the public school athletic teams for social purposes related to friendship and team camaraderie. Tami participated in the public school girls sports program during the 1994-95 school year. This participation was without the approval of the Superintendent or the Board of Trustees. Her participation in the public school program was terminated upon discovery by the Board of Trustees. The Board of Trustees refused to allow Tami to further participate in the public school sports programs since the Boards policy limited participation to students enrolled full time in public school. The Kapteins contend that the schools policy is unconstitutional under the provisions of Article X, Section 1 of the Montana Constitution. On November 20, 1995 the District Court issued a preliminary injunction which allowed Tami to play 7th grade volleyball. Subsequently, both parties moved for summary judgment. The District Court upheld the constitutionality of the Boards policy, granted summary judgment for the Conrad School District and dissolved the preliminary injunction. The Kapteins then sought an injunction pending appeal under Rule 40, Montana Rules of Appellate Page 155 Procedure, which this Court denied. We affirm the District Courts grant of summary judgment.

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