Public Values, Private Schools

324 Pages·16.373 MB·English

by  Neal Devins

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