Volume 4, Number 4
June, 2001
Table of Contents
Editors' Comments (p. 436)
Thomas C. Hunt, Ronald J. Nuzzi
Focus Section
Historical Overview of Catholic Education Law: How Did We Get Where We Are?
Mary Angela Shaughnessy, SCN
Spalding University
(pp. 437-453)
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.
My Brother’s Keeper: Violence and School Liability
Sarah M. Watson
St. Xavier High School
(pp. 454-463)
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.
Section 504 and Catholic Schools
Nikki L. Schweinbeck
Spalding University
(pp. 464-478)
This article explains the implications of Section 504 of the Rehabilitation Act of 1973 for Catholic schools educating students with disabilities and special needs. The author delineates the types of disabilities covered; accommodations required under the law; suggestions for teachers, parents, administrators, and pastors; and the need for ongoing staff development to empower faculty to be responsive to the needs of diverse learners.
Recommendations for Catholic School Administrators in Facilitating Special Education Services Mary Elizabeth Blackett
Our Lady of Perpetual Help School
(pp. 479-492)
Educating students with special needs in Catholic schools is a challenge facing all Catholic educational leaders. This article provides recommendations to assist administrators in taking full advantage of recent legal cases, state policies, and local special education services in order to serve students with special needs in Catholic schools. Arguing that principals must be conversant in local and state educational policy questions, the article outlines a comprehensive approach for Catholic school administrators seeking assistance to provide special education services in the Catholic school and concludes by suggesting that requiring students with special needs to attend public schools to reach such services may violate the Constitution.
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)
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.
When the Internet Becomes X-Rated:
Creating an Ethical Climate for Technology in Catholic Schools
Susan Hanley Kosse
Louis D. Brandeis School of Law
(pp. 514-529)
Pornography is the number-one business on the Internet, yet the very same Internet can be a valuable source of knowledge for all students. Educational leaders face many challenges in bringing the Internet into classrooms. This article reviews recent and relevant case law on Internet access in schools, offers guidance about the writing of effective acceptable use policies, and concludes with advice to Catholic school teachers and administrators on creating an ethical climate while fully using available technology.
Review of Research
Recruitment, Preparation, and Retention of Catholic High School Religion Teachers
Timothy J. Cook
Creighton University
(pp. 530-564)
In September 2000, this journal announced an important national study, funded by grants from the Lilly Endowment, the Knights of Columbus McGivney Fund, and the Chief Administrators of Catholic Education, on the impending shortage of religion teachers in Catholic high schools. This article reports the findings of that study in three important areas: recruitment, preparation, and retention. The study summarizes the results of surveys to nearly 200 Catholic high schools and 1000 religion teachers throughout the United States. Extensive recommendations are offered for each area studied, with a view to securing a stable future pool of highly qualified high school religion teachers.