Board of Education of the Monroe-Woodbury Central School District v. Wieder

OPINION OF THE COURT

Harwood, J.

This proceeding calls upon the court to determine a fundamental question as to whether the providing of special education services by the plaintiff to handicapped Hasidic children pursuant to the education laws of the State and Federal Governments, in facilities and under conditions that constitute a religious setting, violates the Establishment Clause of the First Amendment of the US Constitution and NY Constitution, article XI, § 3. We hold that it does.

The defendants are parents of children who are afflicted with various handicapping conditions and represent…