State, Ex Rel. v. Bd. of Edn.

96 N.E.2d 413, 154 Ohio St. 469, 43 Ohio Op. 384, 1951 Ohio LEXIS 633
CourtOhio Supreme Court
DecidedJanuary 24, 1951
DocketNo. 32215
StatusPublished
Cited by2 cases

This text of 96 N.E.2d 413 (State, Ex Rel. v. Bd. of Edn.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Ex Rel. v. Bd. of Edn., 96 N.E.2d 413, 154 Ohio St. 469, 43 Ohio Op. 384, 1951 Ohio LEXIS 633 (Ohio 1951).

Opinion

The respondent has authority under the provisions of Section 4838-5, General Code, to adopt a rule excluding from the public schools within its district children who have not been vaccinated. The enforcement of such a rule is not a violation of the constitutional right to religious freedom. State, ex rel.Milhoof, v. Board of Education of Village of Barberton, 76 Ohio St. 297,81 N.E. 568.

It clearly appears from the record that the board of education has performed its full duty as prescribed by existing statutes.

The judgment of the Court of Appeals is, therefore, affirmed.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur. *Page 471

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Related

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217 F. Supp. 2d 938 (E.D. Arkansas, 2002)
State Ex Rel. MacK v. Board of Education
204 N.E.2d 86 (Ohio Court of Appeals, 1963)

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Bluebook (online)
96 N.E.2d 413, 154 Ohio St. 469, 43 Ohio Op. 384, 1951 Ohio LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-v-bd-of-edn-ohio-1951.