Schools Win Points In Sex Education Suit

The Ann Arbor School District has won the first two rounds in its defense against a lawsuit claiming the controversial sex education course being taught in local schools is immoral and uncpnstitutional. Circuit Judge William F. Ager Jr. yesterday issued an opinión striking paragraphs from the complaint which called for parents to determine the course content, and the qualifications of the persons teaching the course. Judge Ager last March denied an attempt to have instruction in the course stopped üntil the case is settled. In yesterday's opinión, Ager noted that courts are disinclined to interfere with regulations adopted by school boards, but usually act only in determining if actions by boards "are a reasonable exercise of the power and discretion of the board." He added, "There is no provisión in the (state) statute to pro vide for parents to decide and determine the course content in any sex education course." There also are no provisions in state law allowing the establishment of any board or ity to determine the qualifications of the teachers of the course, he said. Whüe striking these paragraphs, Ager also denied a motion by the school board for summary judgment. Attorney Richard Bailey had asked for the judgment on the grounds the children of the parents who filed the suit were not enrolled in any of the courses. Ager, however, reasoned that even though the children did not have to attend the course, the parents could still bring suit. If this were ndt the case, a' parent would not be able to bring suit if a school would teach a religión yet not require students to attend, the judge said. Ager also held that the parents were proper parties to bring the suit despite the school board's contention that only the students were personally involved. The opinión, in effect, now boils the issue down to two matters: whether or not the state law allowing the teaching of sex education is constitutional, and, if it is, i whether or not the local course compiles with the state law. Further hearings will . continue with a trial expected sometime this fall.