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  5. 75 N.Y.2d 114 (1989)
 

WARE v. VALLEY STREAM HIGH

75 N.Y.2d 114 (1989)

John Ware et al., Appellants, v. Valley Stream High School District et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Robert M. Calica and Myra P. Lapidus for appellants.

Theodore Deliyannis and Lynne A. Bizzarro for Valley Stream High School District, respondent.

Robert Abrams, Attorney-General (Elizabeth Bradford, O. Peter Sherwood and Lawrence S. Kahn of counsel), for New York State Commissioner of Education, respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and HANCOCK, JR., concur with Judge KAYE; Judge TITONE dissents and votes to reverse in a separate opinion; Judge BELLACOSA dissents and votes to affirm in another opinion.

KAYE, J.

In response to the alarming spread of AIDS, the Commissioner of Education has promulgated regulations requiring all primary and secondary school students in the State to receive extensive instruction about the disease. Plaintiffs, by this action, challenge the regulations as violative of their First Amendment right to freely exercise their religious beliefs. The Appellate Division affirmed Supreme Court...

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