Board Of Ed., Plainfield v. Cooperma

523 A.2d 655 (1987)

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Nature of the Case

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Facts

The State Commissioner of Health and Education published a set of guidelines for the admission to school of children with AIDS or related type diseases. The present case resulted from two local school boards excluding AIDS children from their classrooms. The Board sought expert medical advice regarding the exclusion of a child with AIDS, and both doctors recommended that the child be allowed to attend school. The Board did form a special group, and they recommended that the child be kept out of school and given two hours of home instruction per day. The Division of Family Youth Services (DYFS) filed a petition with the Commissioner for declaratory judgment to determine the validity of the Commissioner's actions. A medical advisory panel was convened, and it recommended that the child be admitted to school. DYFS brought an action to enforce the Board's compliance with the orders. The Board appealed the Commissioner's orders. The State Board affirmed those orders. The Board appealed. The appeal was joined by Jane Doe, a 5-year-old with ARC. The appeals division held that the hearings and proceedings conducted violated due process.