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35 Regent U. L. Rev. 257 (2022-2023)
Educational Permutations: The Church's Canon Law as Inspiration for Changes to Education Regulation

handle is hein.journals/regulr35 and id is 269 raw text is: EDUCATIONAL PERMUTATIONS: THE CHURCH'S CANON LAW AS INSPIRATION FOR CHANGES TO EDUCATION REGULATION Ariel J. Liberman* ABSTRACT This Article argues for a new federal requirement that community members should become more involved in the governance, administration, and decision-making concerning public schools. A survey of current education administration and jurisprudence reveals that such a restructuring might ensure a more efficient system that addresses the discrete and various needs of different districts. This community- consultative governance model has existed and proved effective in the Catholic school context for the last two centuries. It is based on the Church's well-articulated educational prerogatives, ideals, and rules found in its codes of canon law. A comparative study of these codes and secular education law history reveals common ideas, which counsel in favor of drawing upon the Church's models to effectively address issues endemic to the current education system. TABLE OF CONTENTS INTRODUCTION I. EDUCATION LAW IN AMERICA II. THE CATHOLIC CHURCH ON EDUCATION A. Gravissimum Educationis, A Fundamental Right to Education B. A New, Universal Corpus Juris Cononici III. THE CHURCH'S METHOD INSPIRES THE INVOLVEMENT OF A COMMUNITY BODY POLITIC IN SECULAR EDUCATION DECISION-MAKING A. Lessons from the Christian School Context B. Outlining the Body Politic IV. GRAVISSIMUM EDUCATIONIS AS INSPIRATION FOR AN AMERICAN RIGHT TO EDUCATION CONCLUSION * Lecturer, Oglethorpe University; Robert W. Thrower Scholar in Law and Religion and S.J.D. Candidate, Center for the Study of Law and Religion, Emory Law School, where his research focuses on education law and policy, law and community, philosophy of law, and the intersection between law and religion.

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