ERIC Number: ED262482
Record Type: RIE
Publication Date: 1985-Apr
Reference Count: 0
Indirect Government Control of Non-Public Schools: A Review of Court Decisions.
Furst, Lyndon G.
The government has attempted to exercise control over nonpublic schools in a number of different ways. This paper discusses the indirect controls imposed by various levels of government on these schools and the response of the courts to these controls. It is organized by court decisions related to zoning ordinances, civil rights, and employment relations. The basic argument is that diversity in educational systems benefits the nation, and that private schools should therefore be protected from regulatory attempts by government as they develop programs and methods different from public schools. Zoning ordinances imposed by local government against nonpublic schools have been upheld in some cases and overturned in others. In general, the courts have ruled against the nonpublic schools in matters related to civil rights. Church operated nonpublic schools have been protected from control of the National Labor Relations Board and have been exempt from paying unemployment compensation taxes. Although the nonpublic schools have been protected in some cases, they have as much to fear from indirect government controls as from those directly applied. (Author/TE)
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (Chicago, IL, March 31-April 4, 1985).