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ED 430 316
Shaughnessy, Mary Angela
AUTHOR
Selected Legal Issues in Catholic Schools.
TITLE
National Catholic Educational Association, Washington, DC.
INSTITUTION
ISBN-1-55833-209-X
ISBN
1998-00-00
PUB DATE
NOTE
108p.
National Catholic Educational Association, 1077 30th Street,
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Non-Classroom (055)
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EDRS PRICE
Catholic Educators; *Catholic Schools; *Compliance (Legal);
DESCRIPTORS
High Schools; Parochial Schools; Religious Education;
*School Law; *Student Rights
ABSTRACT
This book examines legal issues that affect Catholic high
due
schools. Chapter 1 discusses sources of the law and how fairness and
various guidelines shape the law.
process, federal and state statutes, and
of character,
Tort law, corporal punishment, search and seizure, defamation
surrounding
and negligence are covered in chapter 2. Chapter 3 details issues
student privacy and such issues as confidentiality of records, whereas
chapter 4 describes the staff-student relationship and how the law governs
confidentiality, sexual misconduct, physical contact, and other behaviors.
Since student confessions can be an important part of the teacher-student
relationship, legal aspects of confidentiality, legal immunity, case law, the
student journal, and school retreats are discussed. Chapter 6 looks at child
abuse and neglect and considers statutory guidelines, inservice education,
who should file a child-abuse report, and teachers and abuse. Sexual
harassment is treated in the next chapter, which includes an overview of
actions that constitute harassment and suggested policies for addressing
accommodating
reports of harassment. Other topics receiving treatment include
students with special needs, extracurricular and cocurricular activities,
personal conduct of professional staff, gangs, copyright law, school
handbooks, and Catholic-school finances. Each chapter includes a section for
reflection and discussion.
(RJM)
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Reproductions supplied by EDRS are the best that can be made
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Selected Legal Issues
in Catholic Schools
Sr. Mary Angela Shaughnessy,
SCN, J.D., Ph.D.
Secondary Schools Department
National Catholic Educational Association
U.S. DEPARTMENT OF EDUCATION
PERMISSION TO REPRODUCE AND
Office of Educational Research and improvement
DISSEMINATE THIS MATERIAL HAS
EDUCATIONAL RESOURCES INFORMATION
BEEN GRANTED BY
CENTER (ERIC)
0 Thisdocument has been reproduced as
received from the person or organization
originating it.
0 Minor changes have been made to
P. Kokus
improve reproduction quality.
TO THE EDUCATIONAL RESOURCES
Points of view or opinions stated in this
INFORMATION CENTER (ERIC)
document do not necessarily represent
1
official OERI position or policy.
2
BEST COPY AVAILABLE
Ann
Sr. Mary Angela
Shaughnessy,
SCN, J.D., Ph.D.
IN
of
c
Sc
Secondary Schools Department
National Catholic Educational Association
3
-
Association
Copyright ©1998 National Catholic Educational
1077 30th Street, NW, Washington, DC 20007-3852
ISBN 1-55833-209-X
4
DEDICATION
I dedicate this work to
my brother,
Edward M. Shaughnessy,
III,
a man who gives his life in the service of
others.
He is truly the wind beneath his family's
wings,
and my hero.
in gratitude, your sister,
Angie
TABLE OF
CONTENTS
Foreword
iii
Preface
Chapter One
Sources of the law
1
Chapterl\vo
Tort law: For what
are educators liable?
9
Chapter Three
Student privacy and reputation:
Balancing rights while avoiding
harm
17
Chapter Four
Staff/student relationships
23
Chapter Five
Keeping student confidences:
What can you tell? What
must you tell?
29
Chapter Six
Child abuse and neglect
37
Chapter Seven
Sexual Harassment: What
is it?
What does it
mean for the Catholic
school teacher?
45
Chapter Eight
Students with special needs
in Catholic
schools: What is the Catholic
educator's responsibility?
53
Chapter Nine
Extra-curricular and co-curricular
activities: Legal issues
63
Chapter Ten
Athletics: Some legal
concerns
71
Chapter Eleven
Personal conduct of professional
staff:
Legal issues
79
Gangs and Catholic education: What
Chapter Twelve
should administrators and staff do?
8 5
Copyright law, technology, and
Chapter Thirteen
cyberspace
91
should be
Chapter Fourteen School handbooks: What
included? How binding are they?
101
Catholic school finances:
Chapter Fifteen
How does the law apply?
107
11 5
Glossary
11 7
Bibliography
11 9
About the Author
II
FOREWORD
r. Mary Angela Shaughnessy has been
a
unique and wonderful
asset to Catholic educators for
years. To
say she is prolific would be
an understatement. Her list of publi-
cations may put her second only
to the legendary Andrew Greeley,
and she has yet to
try her hand at fiction.
We asked Sr. Mary Angela if she
would be willing to
prepare a
manuscript that would look carefully
at legal issues that
are es-
pecially important for Catholic
high schools. Since her
productiv-
ity is as much a reflection of her
generosity as it is her
compe-
tence, she agreed, hence this publication.
As befits a review of legal issues,
a few initial caveats may be in
order. While this text offers
analysis, recommendations
and ex-
amples that are particularly
useful to Catholic high schools,
most
of the principles of law that
are cited are applicable to all Catholic
schools, and indeed
to all private schools. Much of
chapter two
reviews aspects of tort law that
apply to virtually all schools,
pub-
lic and private.
For better or worse, the legal
content in which
Catholic secondary schools
function is neither simple
or unique.
Secondly, as Sr. Mary Angela
reminds her readers often,
civil
law does not define the full
range of the Catholic school's
respon-
sibilities to fairness and
justice. She offers important
distinctions
between what civil law
permits and demands, and what
should
constitute good and honorable
practice in a Catholic school. These
distinctions may make her
text less interesting to
some, but they
also make this
a book we are proud to publish.
Michael J. Guerra
Executive Director
Secondary Schools
Department
Feast of St. Joseph 1998
iiTiniifl
AC
RE
11
t is my hope that this text will provide
both information and
a process for shared reflection. Each chap-
ter is followed by questions for discussion.
It has been my privilege to research,
write, and speak on the
topic of law and Catholic schools for approximately
the last four-
teen years. My travels across the United States and
abroad have
put me in touch with many inspiring, committed
Catholic educa-
tors.
As a former Catholic high school principal
and teacher, I
have experienced the joy-filled, but demanding,
ministry of Catholic
secondary education.
I would like to thank all those who have
shared that ministry with
me.
I am also grateful to my religious community,
the Sisters of Char-
ity of Nazareth, and its leadership for
giving me the opportunities
and education to minister in Catholic
education. I wish to
express
my particular gratitude to women who served in leadership
roles
while I have been
a member of the community, particularly Mother
Lucille Russell, Sister Barbara Thomas,
Sister Dorothy MacDougall,
Sister Emily Nabholz, and Sister Elizabeth
Wendeln.
I express gratitude to friends and colleagues
at Spalding Uni-
versity in Louisville, Kentucky, where
I am privileged to serve.
I
must especially thank the President of Spalding
University, Dr.
Thomas R. Oates, whose
support and encouragement have en-
abled me to continue in this work.
He is a true Catholic educator
whose belief in Catholic secondary
education has been especially
embodied in Spalding's assuming ownership
of two Catholic high
schools so that their survival and growth
would be ensured.
Many thanks to my beloved sister and friend,
Janet Kellogg, who
worked diligently
as typist of this manuscript. The support of other
family members helps sustain
me as well.
I thank Mr. Michael Guerra, Executive
Director of NCEA's Sec-
ondary Department, for his support and
encouragement of all my
9
work, and especially this text.
1 pray that it
read this text.
Lastly, 1 thank all of you who may
and a practi-
the law a more Gospel-based reality
may help make
work with young people. May
cal compass for your day-to-day
God bless you.
J.D., Ph.D.
Mary Angela Shaughnessy, SCN,
January, 1998
1 0
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