ERIC Number: ED384973
Record Type: RIE
Publication Date: 1995
Legal Problems of Religious and Private Schools. Third Edition. NOLPE Monograph Series, No. 53.
Mawdsley, Ralph D.
The almost universal doctrine of charitable immunity was traditionally justified at one time because of the altruistic nature of charities. The reasons for abolition of charitable immunity in most states have generally been two-fold: (1) charities are no longer low-budget, marginal operations; (2) the risk of crippling verdicts can be minimized and controlled through the purchase of liability insurance. This book presents pertinent case information about the legal problems encountered by religious and private schools in the United States. Six chapters cover the following topics in detail: (1) tort liability (charitable immunity, field trips, invasion of privacy); (2) constitutional and contractual considerations of institutional, student, and faculty relationships; (3) governing board responsibilities and liability (fiduciary relationship, standard of care; closing a school); (4) governmental regulation of nonpublic schools (basis for state regulation; schools with and without a religious nexus); (5) federal antidiscrimination legislation (general corrective statutes, Equal Pay Act of 1964, Family and Medical Leave Act of 1993); and (6) special problems (copyright, Immigration and Reform Control Act, bankruptcy code and student debts). A table of cases and an index are included. (LMI)
Descriptors: Civil Rights Legislation, Compliance (Legal), Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Regulation, Governing Boards, Government School Relationship, Legal Problems, Legal Responsibility, Private Schools, Religious Education, State Regulation
National Organization on Legal Problems of Education, 3601 S.W. 29th Street, Suite 223, Topeka, KS 66614 ($34.95 plus $3 shipping and handling, prepaid; actual postage added to charges on billed orders).
Publication Type: Books; Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: For previous edition, see ED 320 243.