Catholic Education: A Legal Perspective

Patrick Walsh

Catholic Schools Convention August 2012.

Catholic Schools Movie

Legal Landscape The Private Schools Conditional Integration

Act 1975. Defines and protects Special Character. (Part

one). “Education with a Special Character means education within the framework of a particular or general religious or philosophical belief, and associated with observances or traditions appropriate to that belief”.

Crown investment in state integrated schools, staffing, operational costs, property.

Political landscapeParental choice. Strength in Diversity Competition/ track record of success. Cost benefits. Sensitivity to electorate.

Defining Catholic Education Legal protection exists to safeguard the

point of difference. Academic excellence, high standards of

behaviour and dress, good discipline are features of Catholic schools but don’t define them.

Catholic Character Accentuate, demonstrate, celebrate. Physical presence of Catholic identity;

statues icons, chapels, classrooms, alters, posters

Proud to be Catholic. Unapologetic physical expression of our

Catholic identity.

Catholic Ritual Lived expressions of our Catholic Faith. Sacraments, mass, reconciliation Liturgies Prayer

Religious Education Manifestly reflect Catholic theology, social

teaching. Compulsory and academically robust. Given status and resourced appropriately. Supported by other faculties.

Proprietors Representative Legal Guardians of Catholic Character Make searching and probing inquires into Professional development in Catholic Character Catholicity of the strategic and annual plan. Performance agreement of the principal. Tagged positions/ preference cards. NCEA results in religious education. Familiarity with the sacramental and prayer life of the school. Quality of Parish/ School relationships. Resourcing for religious education Compliance with the Catholic schools handbook and reporting to

the Proprietor. Familiarity with the sexual health program in the school. School fees/ costs can’t be a barrier to Catholic Education

Employment of staff Pivotal to Catholic Character. Employer (principal) makes expectations

manifestly clear. No opt out provision.Test ‘willing and able’. Non-compliance or actions that might

undermine Catholic Character are employment issues supported by PSCI Act

Challenge of Authenticity Unchurched and lapsed Catholics. Diminishing religious, priests, practising

Catholic teachers. Parental motivation for choosing Catholic

Schools. Catechesis or Evangelisation. Catholic Character Review- Essential

auditing mechanism.

Sustainability Sacramental life of the school. Role modelling of staff and lack of personal

testimony. Succession of Catholic principals DRS’s and

tagged positions.Sufficiency of religious education for teacher

practitioners. Disconnect between Parishes and schools.

The Future Growing thirst and demand for values

education within a religious tradition. Re orientation to our point of difference

which the law protects. Ring fence, protect and nurture the essential

features of Catholic Education. Develop a national plan to address issues of

authenticity and sustainability.