ERIC Number: ED341123
Record Type: RIE
Publication Date: 1991
The Law and Catholic Schools: Approaching the New Millennium.
Shaughnessy, Mary Angela
The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are private agencies. For example, Catholic school administrators can restrict both student and teacher speech. In the Catholic school, contract law is the predominant governing law. The existence and roles of all parties involved in Catholic schools are governed by canon law, the law of the Catholic Church. Although civil courts will not allow religious institutions to evade legal responsibilities by invoking church law, churches have significant autonomy within the wide parameter imposed by civil law. After an overview of law as it pertains to Catholic schools, the next three chapters explore the legal duties and responsibilities of those involved in Catholic schools: bishops, pastors, principals, board members, teachers, students, and parents of students. The final section looks at some special situations such as corporal punishment, search and seizure, negligence, child abuse, and copyright laws. The book concludes with a detailed glossary and an index. (65 references) (MLF)
Descriptors: Administrator Responsibility, Catholic Schools, Confidential Records, Court Litigation, Discipline, Elementary Secondary Education, Expulsion, Legal Responsibility, Personnel Policy, Principals, Private Schools, School Law, Search and Seizure, Student Rights, Suspension, Teacher Discipline, Teacher Dismissal, Teacher Rights, Torts
National Catholic Educational Association, Suite 100, 1077 30th Street, NW, Washington, DC 20007-3852.
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Guides - Non-Classroom
Education Level: N/A
Audience: Teachers; Administrators; Parents; Students; Practitioners
Authoring Institution: National Catholic Educational Association, Washington, DC.