Use of Public School Teachers in Private Schools

By Richard R. Hammar, J.D., LL.M., CPA

© Copyright 1991, 1998 by Church Law & Tax Report.  All rights reserved.  This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service.  If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m88 m65

In 1985, the Supreme Court invalidated “a shared time” program that allowed public school teachers to teach certain remedial and enrichment courses in nonpublic schools at public expense.¹ The Court, applying the three--pronged Lemon test,² concluded that the program had a primary effect that impermissibly advanced religion:

The state--paid instructors, influenced by the pervasively sectarian nature of the religious schools in which they work, may subtly or overtly indoctrinate the students in particular religious tenets at public expense. The symbolic union of church and state inherent in the provision of secular, state--provided instruction in the religious school buildings threatens to convey a message of state support for religion to students and to the general public. Finally, the programs in effect subsidize the religious functions of the parochial schools by taking over a substantial portion of their responsibility for teaching secular subjects.³

Incorporation and Tax Exemption of Private Religious Schools

Proof of Nondiscrimination in Private Schools

Right to Attend Private Schools

The Distinction Between Public and Private Education

Discharge and Discipline of Students of Private Schools

Discharge and Discipline of Teachers

Application of Federal Labor and Discrimination Laws to Private Schools

Tuition Refunds

Government Regulation of Private Schools

Zoning Laws and Private Schools

Safety and Health Regulations for Private Schools

Taxation of Private Religious Schools

Child Abuse Reporting Requirements for Private Schools

Legal Liability for Student Injuries

Government Regulation of Child Care Facilities

“Homeschools”