79 N.Y.2d 333 (1992)
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Mandating inclusion of religious representatives on public school advisory councils for AIDS education does not violate the Establishment Clause if the councils are advisory, have a secular purpose, and do not primarily advance religion.
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Summary
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The New York State School Boards Association challenged regulations requiring inclusion of religious organization representatives on public school advisory councils for AIDS education. The Association argued this violated the Establishment Clause. The Court of Appeals affirmed the lower courts’ decisions, holding that the regulations were constitutional because they had a secular purpose (combating AIDS), did not primarily advance religion, and did not foster excessive government entanglement with religion. The advisory nature of the councils was crucial to the holding.
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Facts
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The State Commissioner of Education issued regulations requiring elementary and secondary schools to provide AIDS instruction. The regulations mandated the establishment of advisory councils to make recommendations regarding the content, implementation, and evaluation of the AIDS instruction. The regulations specified that the advisory councils should include parents, school board members, school personnel, community representatives, “including representatives from religious organizations.” The AIDS instruction was to be