Operational Paradoxes: Vouchers and Catholic Elementary Schools
Gerald M. Cattaro
Fordham University
(pp. 342-351) Vol. 6 No. 3; March 2003
The U.S. Supreme Court has ruled in support of the constitutionality of the Cleveland voucher program. Will urban Catholic schools soon become filled with voucher students? Catholic school leaders have some important decisions to face, decisions which can be clarified by taking a historical view.
A Favorable Legal Environment for Voucher Programs
Mark E. Chopko
National Conference of Catholic Bishops
(pp. 87-96) Vol. 3 No. 1; Sept 1999
A pressing legal issue at the close of the millennium is the use of public tax dollars to assist parents, especially lower income parents, with the rising tuition at private schools. The idea of vouchers, as they have been commonly named, has been argued in legal circles for decades. However, the 1990s have seen a particular urgency on this issue as several states have passed legislation implementing pilot programs. This article summarizes the current state of the debate, reviews significant legal cases, and highlights the differences among individual states in their interpretation and application of the law. While maintaining that a properly designed voucher program could pass constitutional review by the U.S. Supreme Court, the author argues that broader public policy and justice issues are at stake.
School Choice Among Competing ‘Catholic’ Philosophies
John E. Coons & Patrick M. Brennan
University of California, Berkeley & Arizona State University
(pp. 286-296) Vol. 5 No. 3; March 2002
Is there an identifiably Catholic position on school choice? As pilot programs proliferate in the United States, serious consideration of some philosophical issues seems in order. This article explores two competing moral philosophies and their relationship to parental sovereignty in the public sector. The authors conclude by articulating a Catholic position on the question.
The DC Choice Incentive Act of 2003: A Historic Moment for Children
William F. Davis, O.S.F.S. & Christopher S. Pearsall
Department of Education, United States Conference of Catholic Bishops
(pp. 58-68) Vol. 8 No. 1; Sept 2004
Voucher programs have long endured intense legislative challenge and judicial scrutiny. This article details the recent history of a successful voucher implementation plan for the District of Columbia. The importance of a broad base of politically active and astute citizens, parents, religious leaders, and Federal legislators is highlighted. The success of the voucher program detailed here may serve as a model for other programs.
The State of Special Education in Catholic Schools
Leonard DeFiore
The Catholic University of America
(pp. 453-466) Vol. 9 No. 4; June 2006
Catholic educators in recent years have worked to increase their schools’ capacity to provide special education services to more students. The expansion of federal programs to support students with special needs has aided in dealing with this issue, but it has also exacerbated problems. The exacerbation comes from the increased focus on both the needs of children and the inability of the schools to respond positively as often as they would like. The aid comes in the form of some governmental assistance as well as increased financial support from local sources. However, the demand for services continues to exceed the resources available to respond. This paper explores the current dimensions of this situation.
Improving Public Policy Advocacy Through the Effective Use of Data
Michelle L. Doyle
Office of Government Liaison, United States Conference of Catholic Bishops
(pp. 69-85) Vol. 8 No. 1; Sept 2004
The focus for most consumers of federal education program services is the end product. Of concern to these customers – students, teachers, and principals – are the quality of the service, the timeliness of the service delivery, and the relevance of the services to the particular need. To ensure that federal education programs can be effective for children attending private schools, it is critical to be actively involved in the legislative process. This article explores an attempt to change and improve a federal education program for Catholic and other private school participants, highlighting the key role in the lobbying process played by high quality, timely data.
Catholics and U.S. Education Policy
Jo Renee Formicola
Seton Hall University
(pp. 462-473) Vol. 3 No. 4; June 2000
Catholic educational policy in the United States has developed through court battles and attempts to influence the Congress and the White House to protect the interest of Catholic parents, students, and schools. This essay reviews Catholic participation in the American political system through the lens of the “child benefit theory” and urges greater Catholic involvement in the future.
School Personnel and Employment Law:
A Legal Analysis for Today’s Elementary and Secondary Catholic Schools
David K. Guite
St. Perpetua School
(pp. 493-513) Vol. 4 No. 4; June 2001
Diocesan central office staff, principals, pastors, and other chief executive officers face personnel and hiring decisions regularly. Dismissal of employees and nonrenewal of contracts, racial discrimination, age discrimination, disability discrimination, sex or gender discrimination, sexual harassment, and the right of workers to organize. The author concludes with an appeal to Catholic leaders to stay well informed of ongoing developments in employment law and calls for the implementation of arbitration to avoid costly litigation.
Collective Bargaining in Catholic Schools: What does Governance have to do with it?
John T. James
Saint Louis University
(pp. 208-233) Vol. 8 No. 2; Dec 2004
This article outlines the significant legal decisions regarding collective bargaining in Catholic Schools, identifies the governance structures employed in Catholic schools and the methods of translating these governance structures into documents required by civil law, and concludes with the citation of two recent court decisions that demonstrate the method of incorporation and the day-to-day governance practices utilized in Catholic schools that are of great importance to educational leaders.
School Choice Litigation After Zelman and Locke
John A. Liekweg
Office of General Counsel, United States Conference of Catholic Bishops
(pp. 46-57) Vol. 8 No. 1; Sept 2004
In the past 2 years, the United States Supreme Court has decided two important cases that will bear directly on legislation and litigation involving school choice programs that provide financial aid to parents of children attending religious schools. Those cases are Zelman v. Simmons-Harris (2002) and Locke v. Davey (2004). The reasoning in Zelman, along with the litigation in the lower courts leading up to that decision, provide useful insights that should prove helpful in drafting school choice legislation and successfully defending it in court when challenged. The decision in Locke may have implications for litigation involving challenges to state laws and constitutional provisions limiting aid to religious institutions and to students attending religious schools. Both cases are discussed below.
What Secondary Teachers Need in Professional Development
Lisa Lucilio
(pp. 53-75)
Most dioceses do not have well-articulated, systematic approaches to the professional development of Catholic school teachers and administrators. This article summarizes current research on effective strategies for professional development and reports on a study of one Midwestern diocese regarding the needs, perceptions, and plans of teachers and principals at the high school level.
The Catholic High School and American Educational Reform: Challenges and Opportunities
Bruno V. Manno
Hudson Institute
(pp. 7-20) Vol. 1, No. 1; Sept 1997
This paper provides answers to two questions. First, what challenges and opportunities does the movement to reform American public education, and to make it more accountable, raise for Catholic high schools? Second, what challenges and opportunities does the effectiveness of Catholic high schools in educating disadvantaged students raise for American public education?
The Financial, Legal, and Political Context of Private Education
Bruno V. Manno
The Annie E. Casey Foundation
(pp. 33-51) Vol. 3 No. 1; Sept 1999
Five principles underlie the changing policy architecture of American K-12 education. The author discusses these principles; how they are blurring the traditional demarcation of public and private schools; and the implications of this discussion for a private education
research agenda.
School Vouchers: Blessing or Curse for Catholic High Schools?
Joseph D. Massucci & Timothy J. Ilg
University of Dayton
(pp. 352-361) Vol. 6 No. 3; March 2003
The voucher debate has thus far focused almost exclusively on elementary schools. Since Catholic and private high schools tend to be more expensive to operate than elementary schools, this article hypothesizes about the potential future impact of voucher programs on Catholic high schools.
Vouchers and Religious Schools: Why Some Religious Schools May Refuse to Participate
Ralph D. Mawdsley & Charles J. Russo
Cleveland State University & University of Dayton
(pp. 362-371) Vol. 6 No. 3; March 2003
With the recent U.S. Supreme Court decision (Zelman v. Simmons-Harris, 2002), upholding the vouchers portion of an Ohio-based scholarship program, interest in vouchers is at an all-time high. Will the availability of voucher programs create an exodus of students from public schools? Will private schools open their doors and classrooms to respond to the increasing need? Several problems remain before voucher programs can become widespread, and even then some private and religious schools may opt not to participate. This article discusses the autonomy of religious schools, summarizes relevant court cases, and explores three possible reasons why some private and religious schools may not be willing to accept vouchers.
The Telecommunications Act of 1996 and its Impact on Catholic Education
Dale McDonald, PBVM
National Catholic Educational Association
(pp. 107-118) Vol. 3 No. 1; Sept 1999
Teachers and administrators worldwide are struggling to equip schools with the latest technology in an effort to enhance learning environments. This article discusses legislation concerning the funding of these efforts, with a strong focus on the specific funding challenges facing Catholic schools in the United States.
The Legal and Social Infirmities of Zelman v. Simmons-Harris
Scott McLeod
University of Minnesota
(pp. 328-341) Vol. 6 No. 3; March 2003
With a spirited criticism of Zelman v. Simmons-Harris (2002), this article summarizes many arguments against the voucher decision, including the dissenting opinions of U.S. Supreme Court justices, opponents of the decision, and amicus curiae briefs from the American Jewish Committee, the Anti-Defamation League, and the Ohio School Boards Association, all of whom argued against the Cleveland Plan. In the end, the decision may prove dangerous to Catholic schools that accept public voucher monies.
Students’ Choice of Schools for Their Children:
Logistic Regression Analysis on Contributing Factors
Magdalena Mo Ching Mok & Marcellin Flynn
Hong Kong Institute of Education & St. Joseph’s College, Australia
(pp. 6-33) Vol. 8 No. 1; Sept 2004
School choice has been an issue in the education systems where parents are given the autonomy to select schools for their children. Previous research suggests that parental decisions are affected by demographic, financial, and value-related factors. This study investigated variables including: demographic and socio-economic background, motivation, quality of school curriculum, quality of school life, and classroom environment as factors contributing to secondary students’ choice of schools for their own children. The sample comprised 8,265 secondary students from 70 Catholic schools in New South Wales, Australia. Analysis of variance and logistic regression were used to identify contributing factors of school choice. Findings suggested that students’ expectations of schools, quality of school curriculum, quality of school life, and the classroom environments they experienced all contributed to their intention to send their own children to the same schools, after controlling for their background differences. On the other hand, students’ intentions were not affected by their gender, socio-economic backgrounds, or country of birth.
The Political Climate in the Current U.S. Congress for the Public Policy Agenda of the Catholic School Community
Frank J. Monahan
United States Catholic Conference
(pp. 74-80) Vol. 3 No. 1; Sept 1999
This paper discusses the political climate for addressing education policy issues in the 106th Congress, which convened in January 1999, and assesses the politics surrounding the issue of federal financial assistance for Catholic elementary and secondary education. It identifies two categories of issues: the equitable participation of nonpublic school students and teachers in federal education programs and school choice initiatives such as tax credits or vouchers. The article draws from historical and current political trends to explain why equity for Catholic school students and teachers in education programs is likely to be achieved through the reauthorization of the Elementary and Secondary Education Act in this Congress. It also addresses the potential difficulties in pursuing a school choice agenda.
Educational Choice and the Politics of Inclusion
Robert H. Palestini
Saint Joseph’s University
(pp. 6-27) Vol. 5 No. 1; Sept 2001
One of the few truly rational arguments against education tuition vouchers is that if implemented on a universal basis they would further separate the “haves” from the “have-nots” and create another instance of the so-called neo-conservatives perpetuating the politics of exclusion. Instead, we suggest a voucher plan that would be awarded according to family income and benefit only those truly in need, thus furthering the efforts of those espousing the politics of inclusion.
The Supreme Court and Vouchers: An Overview for Educators in Catholic Schools
Charles J. Russo & Ralph D. Mawdsley
University of Dayton & Cleveland State University
(pp. 318-327) Vol. 6 No. 3; March 2003
This article provides a critical summary of the current state of the voucher question as it relates to Catholic schools. After an in-depth look at the recent U.S. Supreme Court decision upholding the constitutionality of the Cleveland program (Zelman v. Simmons-Harris), the authors conclude that while voucher program might be part of an overall solution for educating the urban poor, they will have limited impact on Catholic schools.
Agostini v. Felton and the Delivery of Title I Services in Catholic Schools
Charles J. Russo, Allan G. Osborne, Jr., Gerald M. Cattaro, & Philip Dimattia
University of Dayton, Snug Harbor Community School, Fordham University, Boston College
(pp. 263-274) Vol. 1 No. 3; March 1998
The Supreme Court’s recent decision in Agostini v. Felton is its most important case involving Catholic schools since the landmark 1971 ruling in Lemon v. Kurtzman. In Agostini, a closely divided Court took the unusual step of overturning its 1985 decision in Aguilar v. Felton, which prohibited the on-site delivery of Title I services to students enrolled in religiously affiliated nonpublic schools. In light of the potential ramifications of Agostini, this article reviews the Court’s rationale in detail before reflecting on how Agostini might affect the delivery of educational services under Title I and the Individuals with Disabilities Educational Act to students in Catholic schools.
“More than Measurable Human Products”: Catholic Educators’ Responses to the Educational Measurement Movement in the First Half of the 20th Century
Ann Marie Ryan
(pp. 76-96)
During the first half of the 20th century, Catholic educators in the United States used theological arguments both to resist and embrace the progressive educational reform effort of educational measurement. The significant expansion of Catholic schooling and the increased number of students attending them, along with increased state oversight, led to a gradual, yet uneven, acceptance of educational measurement by Catholic educators. This partial and more critical acceptance can be attributed to the diversity of Catholic schooling and the incongruity between the assumptions of educational measurement and Catholic educational beliefs. This historical case offers support for continued critique of reform movements and at the same time cautions against wholesale rejection of them. Each reform requires scrutiny with the goal of determining which will assist schools in helping students reach their fullest potential.
Historical Overview of Catholic Education Law: How Did We Get Where We Are?
Mary Angela Shaughnessy, SCN
Spalding University
(pp. 437-453) Vol. 4 No. 4; June 2001
Private school law is a relatively new phenomenon in legal research. This article serves as a primer in case law for private schools, reviewing the most significant decisions of the past 30 years and articulating several important distinctions for Catholic educators. After examining the foundational cases, the author concludes with a look at several hot topics that educators are facing in the courts.
The School Choice Movement in the United States: How it Will Affect Catholic Schools
Theodore J. Wallace
Parents Advancing Choice in Education (PACE)
(pp. 464-478) Vol. 2 No. 4; June 1999
In this article, some of the most prominent school choice initiatives will be described. Opinion research trends regarding school choice and initial results from comprehensive research efforts to document student achievement in privately funded school choice scholarship programs will be summarized. The article concludes with implications which this exciting but increasingly complex arena of school choice may create for Catholic educators.
Choice and Schools: An Analysis of Free Market Financing and Educational Values
Joseph Watras & Edward St. John
University of Dayton & Indiana University
(pp. 400-413) Vol. 1 No. 4; June 1998
In the public policy discourse about vouchers, many Catholic school advocates have been aligned with the new conservative critics of public schools. A review of the Dayton, Ohio, area Catholic schools reveals that need-based student subsidies, which are a variation on vouchers, might reverse the declining urban enrollment in Catholic schools and continue their tradition of educating poor and disadvantaged students. However, the case suggests that choice schemes can alter the educational aims of schools in unexpected ways.
My Brother’s Keeper: Violence and School Liability
Sarah M. Watson
St. Xavier High School
(pp. 454-463) Vol. 4 No. 4; June 2001
Violence has become a major issue for employers, and regrettably schools have not been immune to this development. As the incidents of school violence have increased, so have the opportunities for litigation. This article discusses the most recent court cases arising from school violence concerns and provides recommendations for educators in the following areas: documenting student misbehaviors, especially violent incidents; providing clear behavioral rules for school and school-related activities and instructions about how to follow those rules; negligence; peer harassment; weapons at school; and foreseeability.