Ignacia Alfonso et al. v. Joseph Fernandez et al.
New York Supreme Court, Appellate Division
195 A.D.2d 46, 606 N.Y.S.2d 259 (1993)
- Written by Haley Gintis, JD
Facts
In 1991 the New York City Board of Education (the board) expanded the HIV/AIDS Education Program offered in public high schools. Under the expanded program, students were able to access condoms upon request. The board considered providing a parental opt out for the condom-request component of the program but declined to do so on the ground that it would deny condoms to students who needed them. Ignacia Alfonso and other parents (collectively, the parents) (plaintiffs) filed an action against the chancellor of the board, Joseph Fernandez (defendant). The parents argued that the program improperly violated their parental right to control the healthcare services provided to their children. The board argued that the condom distribution was an educational program and not a healthcare service that required parental consent. The board also argued that a parental opt-out provision would result in statutory- and constitutional-law violations and affect the ability of healthcare providers to provide minors with condoms. The trial court returned a verdict in the board’s favor. The matter was appealed.
Rule of Law
Issue
Holding and Reasoning (Pizzuto, J.)
Dissent (Eiber, J.)
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