Legal Issues Of Faith Based And Other Nonpublic Schools

This highly anticipated edition updates and adds further information to six previous editions of Legal Problems of Religious and Private Schools, by ELA Past President Ralph Mawdsley, first published in 1983 and, most recently, in 2012. Under the editorial leadership of Charles J. Russo (lead editor) and Steve Permuth (editor), the new edition will feature changes beyond a slightly altered title. New chapters added to the traditional core of the text include the history of religious and private schools, state aid, and school finance. Emerging issues and very recent Supreme Court decisions are discussed. Leaders and advisors of religious, private, or other nonpublic schools will find this book helpful in taking preventive measures to keep their schools out of court. This book is the 98th publication in the Education Law Association K-12 Series CONTENTS Introduction: (Steve Permuth & Charles J. Russo) Chapter 1: History of Faith-based and Nonpublic Schools in America (Jennifer A. Sughrue) Chapter 2: Institution, Student, Faculty Relationships (Ralph D. Mawdsley & James L. Mawdsley) Chapter 3: Governing Board Responsibilities and Liability (Cristiana Ritchie-Carter) Chapter 4: State Aid to Faith-Based Schools (Charles J. Russo) Chapter 5: Tort Liability (Charles J. Russo & Sister Mary Angela Shaughnessy) Chapter 6: School Safety (R. Stewart Mayers) Chapter 7: School Finance (Barbara M. De Luca & Steven A. Hinshaw) Chapter 8: Special Education and Students in Nonpublic Schools (Lynn M. Daggett) Chapter 9: Governmental Regulation of Nonpublic Schools (Bryan H. Beauman) Chapter 10: Federal Antidiscrimination Legislation (William E. Thro) Chapter 11: Special Topics (Charles J. Russo) Case Index

In this volume, leading leading scholars and practitioners introduce law as foundational discipline in education. The legal foundations of education include the laws and policies through which particular states establish and maintain public school systems; require parents and guardians to enroll the children in their care in approved educational programs; mandate that particular subjects be taught in particular ways by persons with particular credentials; regulate teacher certification standards and teacher employment; and ensure school safety, effectiveness, and efficiency. Education law is a field of practice and scholarly inquiry within the legal foundations of education which is concerned primarily with the constitutional rights of students, teachers and other personnel in schools. About the Educational Foundations series: Education, as an academic field taught at universities around the world, emerged from a range of older foundational disciplines. The Educational Foundations series comprises six volumes, each covering one of the foundational disciplines of philosophy, history, sociology, policy studies, economics and law. This is the first reference work to provide an authoritative and up-to-date account of all six disciplines, showing how each field's ideas, methods, theories and approaches can contribute to research and practice in education today. The six volumes cover the same set of key topics within education, which also form the chapter titles: - Mapping the Field - Purposes of Education - Curriculum - Schools and Education Systems - Learning and Human Development - Teaching and Teacher Education - Assessment and Evaluation This structure allows readers to study the volumes in isolation, by discipline, or laterally, by topic, and facilitates a comparative, thematic reading of chapters across the volumes. Throughout the series, attention is paid to how the disciplines comprising the educational foundations speak to social justice concerns such as gender and racial equality.

This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.

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This book seeks to provide a panorama of the issues arising from pluralism in the education system and of judicial responses to them around the globe. In it, thirty-four authors representing many different legal cultures have selected and commented the most significant judicial decisions in each of the jurisdictions analysed. The topics addressed include religious and cultural symbols; faith-based, religious, and citizenship education; freedom of teaching and scientific freedom; homeschooling; authorization, funding and other matters concerning denominational and private schools, among other legal disputes. The reader will easily sense many different ideological orientations throughout the book's thirty-seven chapters, which is only the result of pluralism itself and of scientific freedom. Nevertheless, the editors believe that all of the authors have inherently favoured the desire to understand the challenges of pluralism and to convey knowledge that is relevant for a public debate rather than defending their own particular point of view. Indeed, facilitating debate might be considered to be the best achievement of a publication of this kind.

This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.

Focusing on current legal issues in church, state, and school relations, this book examines four critical areas in the controversies surrounding the respective rights of public education and religious education; it then addresses the issues of state aid to and governmental regulation of parochial schools. Court opinions about religious observances and activities in public schools include decisions regarding Bible reading and prayer, the uses of religious holidays and symbols, the religious content of graduation exercises, and the distribution of religious literature in public schools. The author further examines the judicial balancing between the constitutional protections of religious exercise and the government's requirements for compulsory schooling and mandated areas of curriculum. The legal challenges offered to public school curricula are also analyzed, including efforts to introduce the teaching of creationism and to censor instructional materials in public schools. Finally, the book addresses the problems in the relationship of the states and parochial schools by noting the judicial interpretations (both federal and state) regarding the various forms of aid to parochial schools--transportation aid, loans for services, tax relief for parents of parochial school students--and discusses the lawsuits and decisions relevant to the question of the state's authority to regulate parochial schools and home education programs. (JW)

Over the past decade, No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality? The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.

Exploring a subject that is as important as it is divisive, this two-volume work offers the first current, definitive work on the intricacies and issues relative to America's faith-based schools. The Praeger Handbook of Faith-Based Schools in the United States, K–12 is an indispensable study at a time when American education is increasingly considered through the lenses of race, ethnicity, gender, and social class. With contributions from an impressive array of experts, the two-volume work provides a historical overview of faith-based schooling in the United States, as well as a comprehensive treatment of each current faith-based school tradition in the nation. The first volume examines three types of faith-based schools—Protestant schools, Jewish schools, and Evangelical Protestant homeschooling. The second volume focuses on Catholic, Muslim, and Orthodox schools, and addresses critical issues common to faith-based schools, among them state and federal regulation and school choice, as well as ethnic, cultural, confessional, and practical factors. Perhaps most importantly for those concerned with the questions and controversies that abound in U.S. education, the handbook grapples with outcomes of faith-based schooling and with the choices parents face as they consider educational options for their children.