ERIC Number: ED298637
Record Type: RIE
Publication Date: 1988-Apr
A Discussion of School Law and Other Related Topics.
Hunter, Richard J., Jr.
A discussion of school law, defined as how the educational system is impacted upon by the law, is addressed as it relates two major issues to the Catholic or parochial schools. In an overview of the legal system, the types of courts, the nature of legal precedents, and the levels within the judiciary are reviewed. The first major issue centers around the question of due process as it relates to students' rights. Based on current educational law, a student may not expect to have general protection of the 14th Amendment while attending parochial school. It is recommended, therefore, that school administrators establish a system of discipline based on principles of equity and fairness, and that this system be published as a handbook for all parents and students. Private schools also have the right to hold secular goals, to emphasize moral development and discipline, to discourage criticism, and to impose conformity of dress, speech and action. The second major issue discussed regards the liability questions. In this area, the factor that determines liability is negligence. To prove that one is negligent, four factors must be present: there must be a clear responsibility to be performed, this person must be shown to have breached this duty, the person in charge must be shown to have had substantial effect in producing the injury, and the incident must result in damage. An outline of suggestions regarding field trips and playground supervision is given. (LMS)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National Catholic Educational Association (New York, NY, April 4-7, 1988).