Smith v. Ricci

446 A.2d 501 (1982)

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Nature of the Case

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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.