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ODENHEIM v. CARLSTADT-EAST RUTHERFORD REG. SCH. DIST.

211 N.J. Super. 54 (1985)

510 A.2d 709

CARLA ODENHEIM BY HER GUARDIAN AD LITEM PILAR ODENHEIM, INDIVIDUALLY; ERICH ODENHEIM, INDIVIDUALLY; PILAR ODENHEIM, INDIVIDUALLY; MICHAEL HAVEL AND CATHLEEN HAVEL, BY THEIR GUARDIAN AD LITEM JAMES HAVEL, JAMES HAVEL, INDIVIDUALLY; MICHELLE CAMPBELL, BY HER GUARDIAN AD LITEM JUDITH CAMPBELL, INDIVIDUALLY; JUDITH CAMPBELL, INDIVIDUALLY; MARESSA DOLCEMACOLO, BY HER GUARDIAN AD LITEM PATRICIA DOLCEMACOLO, INDIVIDUALLY; AND PATRICIA DOLCEMACOLO, INDIVIDUALLY, PLAINTIFFS, v. CARLSTADT-EAST RUTHERFORD REGIONAL SCHOOL DISTRICT; JOSEPH MASTBETH, WILLIAM HRYCAK, SUSAN MILANO, HARRIET WAGNER, ROSEMARIE GENTILE, WILLIAM PROVOST, MARK RAMSAY, ADELE DEMPSEY AND RICHARD VARTAN IN THEIR OFFICIAL CAPACITY AS DIRECTORS OF THE CARLSTADT-EAST RUTHERFORD REGIONAL SCHOOL DISTRICT; AND ALFRED MARBAISE, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE CARLSTADT-EAST RUTHERFORD REGIONAL SCHOOL DISTRICT, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Bergen County.

Decided December 9, 1985.

Attorney(s) appearing for the Case

John L. Weichsel for plaintiffs.

Dennis A. Maycher for defendants.

Daniel J. Popeo and George C. Smith for Amicus Curiae Washington Legal Foundation.

CIOLINO, A.J.S.C.

The material facts in this case are not in dispute. On August 7, 1985, the Carlstadt-East Rutherford Regional Board of Education (Board of Education) adopted Policy Number 5141.3 to its present policy manual. (See appendix.) This new policy, entitled "Comprehensive Medical Examination," required physicals of all students enrolled or to be enrolled in the school district. It provided that these physicals were to occur annually in or about the month...

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