SMITH V. RICCI
446 A.2d 501 (1982)
NATURE OF THE CASE: This was a dispute over a school board requirement.
FACTS: The school board appointed a committee called the Family Life Committee to make
recommendations concerning the teaching of family life and human sexuality in public school.
It was determined that sex education should be taught in public schools, that appropriate
services should be provided to assist pregnant teenagers and teenage parents. A regulation
was adopted to implement these policies pursuant to proper procedures. The regulations were
adopted by the Board. A month later, New Jersey state law required the Board to reconsider
the Family Life Education regulation. It reviewed its regulations, made some changes, and
after proper review, the new regulations were adopted. As part of the regulations, there
were procedures by which any pupil whose parent objected to such education could be excused
from that portion of the course with no penalties as to credit or graduation. P challenged
the regulations on grounds that it impinged on the free exercise of religion and constituted
an establishment of religion.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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