Extended Care Programs in Catholic Schools: Some Legal Concerns.

This publication addresses issues concerning the application of the law to extended-day Catholic schools. The first chapter provides an overview of extended care. In the second chapter, sources of the law that are applied to extended care programs are described. Canon law affects Catholic schools. Catholic schools are also subject to four types of civil law: (1) constitutional law; (2) federal and state statutes and regulations dealing with issues such as sexual and handicapped discrimination; child abuse; and fingerprinting and criminal checks; (3) common law; and (4) contract law. In the third chapter, legal issues for extended care programs that involve tort law are considered. Tort suits in schools are generally of four classes: (1) negligence, which requires the presence of a duty; a breach of duty; a proximate cause; and an injury; (2) corporal punishment; (3) search and seizure; and (4) defamation of character. The fourth chapter notes that extended care parent handbooks should address issues such as the program philosophy, admission policies, the program schedule, daily release, the discipline code, field trips, health and safety, emergency procedures, considerations regarding noncustodial parents and other relatives, program and student evaluations, and parents' signed agreement to the provisions of the handbook. A bibliography of 14 items, and a list of unpublished extended care materials, are included. (BC)