Public Values, Private Schools PDF
Preview Public Values, Private Schools
PUBLICVALUES, PRIVATE SCHOOLS Edited by Neal E Devins CTnTHE STANFORD SERIES ON •**) EDUCATION & PUBLIC POLICY Public Values, Private Schools The Stanford Series on Education and Public Policy General Editor. Professor Henry M. Levin, School of Education, Stanford University The purpose of this series is to address major issues of educational policy as they affect and are affected by political, social and economic issues. It focuses on both the consequences of education for economic, political and social outcomes as well as the influences of the economic, political and social climate on education. It is particularly concerned with addressing major educational issues and challenges within this framework, and a special effort is made to evaluate the various educational alternatives on the policy agenda or to develop new ones that might address the educational challenges before us. All of the volumes are to be based upon original research and/or competent syntheses of the available research on a topic. School Days, Rule Days: The Legalization and Regulation ofEducation Edited by David L. Kirp, University of California, Berkeley, and Donald N. Jensen, Stanford University. The Incompetent Teacher: The Challenge and the Response Edwin M. Bridges, Stanford University. The Future Impact of Technology on Work and Education Edited by Gerald Burke, Monash University, Australia and Russ W. Rumberger, University of California, Santa Barbara. Comparing Public and Private Schools: Volume 1 Institutions and Organizations Edited by Thomas James, Brown University and Henry M. Levin, Stanford University. Comparing Public and Private Schools: Volume 2 School Achievement Edited by Edward H. Haertel, Stanford University, Thomas James, Brown University and Henry M. Levin, Stanford University. Managing Educational Excellence Thomas B. Timar, Harvard Graduate School of Education and David Kirp, University of California, Berkeley. The Changing Idea of a Teachers’ Union Charles T. Kerchner, Claremont Graduate School, California and Douglas Mitchell, University of California. Academic Labor Markets and Careers Edited by David W. Breneman, Kalamazoo College and Ted I.K. Youn, State University of New York at Albany. Inside Schools: A Collaborative ViewJ. Myron Atkin, Donald Kennedy and Cynthia L. Patrick, Stanford University. Public Values, Private Schools Edited by Neal E. Devins (&Z*)The Falmer Press (A member of the Taylor & Francis Group) London • New York • Philadelphia UK The Falmer Press, Falmer House, Barcombe, Lewes, East Sussex, BN85DL USA The Falmer Press, Taylor & Francis Inc., 242 Cherry Street, Philadelphia, PA 19106-1906 © Selection and editorial material copyright N. E. Devins 1989 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by means, electronic, mechanical, photocopying, recording, or otherwise, without permission in writing from the Publisher. First published 1989 Library of Congress Cataloging-in-Publication Data Public values, private schools/edited by Neal E. Devins. P- cm. — (Stanford series on education and public policy) Bibliography: p. Includes index. ISBN 1-85000-342-4: $36.00. - ISBN 1-85000-347-5 (pbk )• $18.00 ^ ' 1. Private schools - United States. 2. Private schools - Law and legislation — United States. 3. Discrimination in education — United States. 4. Education and state — United States. 5. Church schools — United States. 6. Values — Study and teaching — United States. I. Devins, Neal E. II. Series. LC49.P838 1989 371.02 0973 - dcl9 British Library Cataloguing in Publication Data Public values, private schools - (The Stanford senes on education and public policy). 1. United States. State schools compared with independent schools I. Devins, Neal E. II. Series 379.73 ISBN 1-85000-342-4 ISBN 1-85000-347-5 pbk Typeset in 11/13 Bembo by Alresford Typesetting & Design, New Farm Road, Alresford, Hants. Printed in Great Britain by Taylor & Francis (Printers) Ltd Basingstoke Contents Page Acknowledgments ix 1 Introduction: Private Schools and Public Values 1 Neal E. Devins Part I Private Schools and the Purposes of Compulsory Education 2 The State’s Interest in Racially Nondiscriminatory Education 21 Robert K. Fullinwider 3 Values Inculcation and the Schools: The Need for a New Pierce Compromise 37 Michael A. Rebell 4 Educational Choice as a Civil Rights Strategy 63 Stephen Arons Part II Law, Politics, and the Regulation of Private Schools 5 Employment Discrimination in Religious Schools: A Constitutional Analysis William P. Marshall and Joanne C. Brant 6 The Establishment Clause as a Limit on Governmental Regulation of Religious Schools Carl H. Esbeck 7 Taxing Discrimination: Federal Regulation of Private Education by the Internal Revenue Service Jeremy A. Rabkin v Contents Part III Private Schools and the Pursuit of the Public Good Effective Schools and Equal Opportunity 161 8 John E. Chubb and Terry M. Moe 9 Catholic Schools and Racial Segregation 184 Robert L. Crain and Christine H. Rossell 10 Education as a Public and Private Good 215 Henry M. Levin Part IV Prospects for Reform 11 Education and the Power ot the State: Reconceiving Some Problems and Their Solutions 235 John Lachs and Shirley M. Lachs 12 State Control ot the Private School’s Curriculum: An Essay in Law, Jurisprudence, and Political Philosophy 251 Tyll van Geel 13 The Constitution and Private Schools 274 Erwin Cherneritisky Notes on Contributors 291 Index 995 in Dedication For Deborah with love and thanks Digitized by the Internet Archive in 2018 with funding from Kahle/Austin Foundation https://archive.org/details/publicvaluesprivOOOOunse
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