ERIC Number: EJ971906
Record Type: Journal
Publication Date: 2012
Abstractor: As Provided
Reference Count: 25
Reflections on the Law and Curricular Values in American Schools
Russo, Charles J.; Thro, William E.
Peabody Journal of Education, v87 n3 p402-412 2012
The Supreme Court's 1925 ruling in "Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary" ("Pierce"), striking down a law from Oregon that would have required all children, other than those needing special education, between the ages of 8 and 16 to attend public schools, essentially upheld the right of nonpublic schools to operate. At the same time, the Court recognized that state officials could "reasonably...regulate all schools, to inspect, supervise, and examine them, their teachers and pupils" (p. 534). However, in practice, other than health and safety code issues, educational officials typically impose fewer restrictions on nonpublic schools than on public schools, particularly on curricular content. In light of the significant curricular differences between public and nonpublic schools, this two-part article reflects on how educators in both systems can learn from one another as they seek to ensure the presence of diversity of educational perspectives in the marketplace of ideas. The first part of the article examines legal developments on selected curricular issues, and the second section offers recommendations on how educational leaders can work to maintain the vibrancy of American schools by affording parents the opportunity to send their children to study in schools best meeting their needs.
Descriptors: Educational History, Public Schools, Attendance, Court Litigation, State Officials, Power Structure, Social Influences, Inspection, Curriculum, Role of Education, Private Education, Parent School Relationship, Sex Education, Values, Parent Rights
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Location: Massachusetts; New Jersey; Oregon