Legal Problems of Religious and Private Schools

Book excerpt: This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability"; (2) "Institution, Student, and Faculty Relationships: Constitutional and Contractual Considerations"; (3) "Governing Board Responsibilities and Liability"; (4) "Governmental Regulation of Nonpublic Schools"; (5) "Federal Anti-Discrimination Legislation"; and (6) "Special Problems." Topics covered include charitable immunity; exculpatory clauses; legal requirements; defenses to tort liability; self-defense and restraint; field trips; medical needs; defamation; invasion of privacy; corporal punishment, child abuse, and school liability for sexual misconduct by employees; constitutional constraints; contractual constraints; search and seizure; communicable diseases; pregnancies; ascending liability; fiduciary relationships; standard of care; donors and gifts; areas of vicarious liability; indemnification; liability insurance; closing a school; access to tax-exempt bonds and other public funds; defining the mission of a religious school; schools with or without a religious nexus; home instruction; religious belief and practice; statutes based or not based on federal assistance; immigration; bankruptcy; and family educational rights. The book includes an index and a table of cases arranged alphabetically. (Contains over 1,300 footnotes.) (RJM)