PARENTS UNITED v. SCHOOL DIST. OF PHILADELPHIA

No. 97-1829.

148 F.3d 260 (1998)

PARENTS UNITED FOR BETTER SCHOOLS, INC.; Clifton Weldon, parent and natural guardian of Lakeya Weldon; Alicia Buckson, parent and natural guardian of Damon Harris; Lorna Williams, natural guardian of Touree Johnson; Robin Pierce, parent and natural guardian of Dana Welks; Anthony Scott, parent and natural guardian of Nitikia Scott; Harold Stephens, parent and natural guardian of Melissa D. Stephens; Philip Battaglia, parent and natural guardian of Phil Battaglia v. SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION; Ruth Hayre, Dr., President, School District of Philadelphia Board of Education; Constance E. Clayton, Dr., Superintendent of Schools of the School District of Philadelphia; Jamil Doe, a minor, by his parents and guardians Sarah Doe and William Doe; Sarah Doe; William Doe; Latiya Smith, a minor, by her guardian Ruth Lowe; Rosetta Davis, a minor, by her guardian Barbara Zlotowski; Adrian Jones, a minor, by her guardian Gail Sosnov; Natasha Brown, a minor, by her mother and guardian Venita Bracy; Joan Adler, M.D.; ActionAIDS, Inc; Family Planning Council of Southeastern Pennsylvania, Inc.; Planned Parenthood of Southeastern Pennsylvania, Parents United For Better Schools, Inc.; Clifton Weldon; Alicia Buckson; Lorna Williams; Robin Pierce; Anthony Scott; Harold Stephens; Philip Battaglia, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 9, 1998.


Attorney(s) appearing for the Case

Dennis M. Abrams (Argued), Lowenthal & Abrams, Bala Cynwyd, Pennsylvania, for Appellants.

Glenna M. Hazeltine (Argued), School District of Philadelphia, Office of General Counsel, Philadelphia, Pennsylvania, for Appellees, School District of Philadelphia; Dr. Ruth W. Hayre, President, School District of Philadelphia Board of Education; Dr. Constance E. Clayton, Superintendent of Schools of the School District of Philadelphia.

Catherine Weiss (Argued), Lisa Landau, Jennifer Dalven, American Civil Liberties Union Foundation, New York City; Deborah Weinstein, Connolly, Epstein, Chicco, Foxman, Oxholm & Ewing, Philadelphia, Pennsylvania, for Appellees, Jamil Doe, a minor, by his parents and guardians Sarah Doe and William Doe; Sarah Doe; William Doe; Latiya Smith, a minor, by her guardian Ruth Lowe; Rosetta Davis, a minor, by her guardian Barbara Zlotowski; Adrian Jones, a minor, by her guardian Gail Sosnov; Natasha Brown, a minor, by her mother and guardian Venita Bracy; Joan Adler, M.D.; ActionAIDS, Inc.; Family Planning Council of Southeastern Pennsylvania, Inc.; Planned Parenthood of Southeastern Pennsylvania.

Before: SCIRICA, COWEN and BRIGHT, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether a board of education exceeded its authority by implementing a consensual program to distribute condoms in public schools in order to prevent disease. Because the Philadelphia School Board acted within its statutory and regulatory authority, and because the policy neither coerces parental or student participation nor offends the rights of parents to direct the care and custody of...

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