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PEOPLE v. DONNER

Appellate Division of the Supreme Court of New York, Second Department.
Mar 12, 1951
Important Paras
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In each appeal the defendant is the father of a child of school age, who sends the child to a small religious school where (a) there is no education in the eleven subjects required by the statute; (b) the instruction is not in English; (c) the textbooks are not in English; (d) the instructor does not possess minimum qualifications for secular instruction required by the board of education of the city of New York or the State Education Department; (e) no records of attendance are kept, all contrary to the provisions of the Education Law (ยงยง 3204, 3205, 3211). Defendants contend that their religious beliefs forbid formal systematic secular education; that where the provisions of the Education Law are in conflict with the religious law, the latter must prevail; and that they are protected in this position by the First Amendment of the United States Constitution. Judgments unanimously affirmed. No opinion.