ERIC Number: ED108368
Record Type: RIE
Publication Date: 1974-Sep
Reference Count: 0
Non-Public Schools and the Fourteenth Amendment. A Legal Memorandum.
Hyland, Timothy F.
While the status of the application of constitutional rights in public schools has become clearer because of court cases and statutes, the position of the private and parochial schools has remained vague. This paper examines the status of the private and parochial schools not only to determine how due-process requirements have been extended to schools, but also to show which schools fall under the constitutional requirement. The legal principles and precedents affecting this distinction should also help public school principals to understand the legal basis for their consitutional responsibilities. So far, few cases have been successfully brought against nonpublic schools or their administrators on the basis of depriving students or teachers of due process or other constitutional rights. In making their decisions, courts have examined educational institutions for signs of governmental control or involvement. Most courts have not been convinced that contacts typically found, such as teacher certification, tax exemption, or financial aid to students in special programs, are sufficient to involve the application of the Fourteenth Amendment. (Author)
Descriptors: Civil Liberties, Court Litigation, Due Process, Elementary Secondary Education, Equal Protection, Higher Education, Parochial Schools, Private Colleges, Private Schools, School Law, Student Rights, Supreme Court Litigation
National Association of Secondary School Principals, 1904 Association Drive, Reston, Virginia 22091 ($0.25, quantity discounts, payment must accompany order of $10.00 or less)
Publication Type: Journal Articles
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.