The Law and Catholic Schools: Approaching the New Millennium

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are private agencies. For example, Catholic school administrators can restrict both student and teacher speech. In the Catholic school, contract law is the predominant governing law. The existence and roles of all parties involved in Catholic schools are governed by canon law, the law of the Catholic Church. Although civil courts will not allow religious institutions to evade legal responsibilities by invoking church law, churches have significant autonomy within the wide parameter imposed by civil law. After an overview of law as it pertains to Catholic schools, the next three chapters explore the legal duties and responsibilities of those involved in Catholic schools: bishops, pastors, principals, board members, teachers, students, and parents of students. The final section looks at some special situations such as corporal punishment, search and seizure, negligence, child abuse, and copyright laws. The book concludes with a detailed glossary and an index. (65 references) (MLF)