Vandevender v. Cassell
| Decision Date | 01 October 1974 |
| Docket Number | No. 13495,13495 |
| Citation | 158 W.Va. 87,208 S.E.2d 436 |
| Court | West Virginia Supreme Court |
| Parties | Mary Jane VANDEVENDER, etc., et al. v. Grey M. CASSELL, Superintendent of Schools, Pendleton County, et al., etc. |
Syllabus by the Court
1. Under the laws of this state, textbooks, workbooks and materials necessary for use in the required curriculum in the public schools of this state must be provided without charge for needy students in order that all students have the necessary textbooks and materials to successfully complete their public school education.
2. Mandamus will not lie where it appears that the respondents have complied with the requirements of the law.
3. He who seeks relief by mandamus must show a clear legal right.
Daniel F. Hedges, Charleston, for relators.
George I. Sponaugle, Franklin, for Pendleton County Supt. of Schools, and others.
Cletus B. Hanley, Deputy Atty. Gen., James S. Arnold, Asst. Atty. Gen., Charleston, for State Supt. of Schools.
This is an original proceeding in mandamus instituted by the petitioners, all of whom are residents of Pendleton County and parents of children who attend public schools in Pendleton County, to compel the respondents, Grey M. Cassell, Superintendent of Schools of Pendleton County, the members of the Board of Education of Pendleton County, and Daniel B. Taylor, Superintendent of Schools of the State of West Virginia, to allow all qualified children to attend school without payment of any fees for books, supplies or equipment, and to provide all public school students with such educational materials free of charge. The petitioners allege that the respondents failed to provide textbooks and charged fees for essential instructional materials, thus depriving petitioners' children of a free and quality education. This Court granted a rule in mandamus June 24, 1974 returnable July 9, 1974, but on July 8, 1974 the case was continued generally, and on September 4, 1974 the case was submitted for decision upon the briefs filed on behalf of the respective parties.
In September 1972 Daniel B. Taylor, State Superintendent of Schools, entered an order directing the Pendleton County Board of Education to develop a reasonable policy for determining student eligibility for receipt of textbooks without charge. On October 18, 1972 the Pendleton County Board of Education voted to purchase and furnish textbooks without charge for all students in Pendleton County who requested them. The Board felt that it was not in a position to determine which children would be eligible to receive textbooks if eligibility were dependent upon the economic situation of the child's family. On October 13, 1972 the school principals of Pendleton County were informed by the County Superintendent of Schools in Pendleton County of the State Superintendent's ruling concerning the textbooks, and the principals were asked to make a survey in their respective schools to determine the students who did not have all of their books, and to submit the titles of the books the students would need for the 1973--1974 school year. It appears that before the 1972--1973 school year ended the students were given a list of books they would need for the forthcoming year and were requested to take that list of books home to their parents. The list, in addition to showing the required books for the forthcoming year, showed the cost of each book. On August 29, 1973 the principals were informed that they should send a memorandum to each teacher in their school directing the teachers to list the names of the children who did not have books and also to list the books they needed.
The petitioners allege that their children are required to pay for textbooks and workbooks even though they can not afford them. The petition also alleges that certain students who were in the vocational agriculture class were required to pay a standard $6 fee. However, the depositions reveal that this $6 fee was an optional fee that constituted dues for membership in the Future Farmers of America. The petitioners allege that fees were charged for physical education uniforms, but again the depositions reveal that such uniforms were optional and were not required for participation in that class. It appears that during the 1972--73 school year Circleville High School charged a one dollar locker fee to students. However, the principal of Circleville High School stated in his deposition that such lockers were optional and that for the school year 1973--74 no fee was charged. The principal also denied the allegation in the petition that the school or various teachers charged fees for paper and pencils and denied that there was a $5 fee for chemistry classes.
Petitioners contend the respondents are not operating an efficient system of 'free' schools as required by Article XII, Section 1 of the West Virginia Constitution, in that the respondents have failed to furnish textbooks and workbooks without charge and have charged fees for educational materials necessary for the successful completion of the regular public school curriculum. Petitioners further contend that because they are indigent their children have been denied equal protection of the law and due process as guaranteed by the Fourteenth Amendment to the Constitution of the United States because they do not have equal access to a quality education as do those students whose families are financially secure. Finally petitioners contend that the Pendleton County Board of Education has no statutory grant of power to impose fees for educational materials, and thus the respondents' actions are in excess of their delegated powers and are therefore ultra vires.
The respondents contend that this case is moot and should be dismissed because the respondents have complied with the law and have offered to furnish textbooks free for all those students in Pendleton County who requested them. Respondents further reply that the petitioners' children were furnished with textbooks without charge and the only materials that were purchased by the petitioners were a few workbooks which would have been supplied free of charge if petitioners had so requested.
Although the question involved in this proceeding has never been presented to this Court, it has been presented and resolved by the highest courts in other states with constitutional provisions relating to 'free' schools similar to West Virginia's. The courts in other states have held that textbooks and materials necessary for the completion of the required school curriculum should be provided without charge. However, materials and supplies not necessary for the student's completion of the school curriculum need not be supplied to the students. Moreover, fees should not be charged for any activities in connection with the required curriculum. Granger v. Cascade County School District No. 1, 159 Mont. 516, 499 P.2d 780 (1972); Paulson v. Minidoka County...
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