College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1983 State Regulation of Christian Schools Neal Devins William & Mary Law School,
[email protected] Repository Citation Devins, Neal, "State Regulation of Christian Schools" (1983). Faculty Publications. 381. https://scholarship.law.wm.edu/facpubs/381 Copyright c 1983 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs STATE REGULATION OF CHRISTIAN SCHOOLS Neal Devins* How can nonpublic education be both responsible andfree? Responsible to serve the public interest;free to experiment and disagree. Without reg ulation, some schools may victimize patrons and endanger the general welfare. With regulation, dissent is jeopardized Where should the bal ance be struck?1 Christian day schools2 are the fastest growing segment of private education.3 This growth has been accompanied by an unprecedented amount of litigation between fundamentalist educators and the state, and an unprecedented amount of negotiation and legislative propos als.4 The fundamentalists contend, as a matter of religious conviction, that the state's role in the regulation of fundamentalist schools is lim ited to ensuring that every school provides its students with a basic core curriculum and that the schools satisfy reasonable fire, health, and safety standards.5 Government officials, perceiving their role as en compassing much more, have often enacted a variety of laws and regu lations which govern, among other things, teacher qualifications, curriculum, and textbooks. 6 Government officials allege that the ex isting structure of laws and regulations is a necessary and unobtrusive means to ensuring that every child in the state receives an adequate education.7 The conflict between the fundamentalists and the state has been • B.A., Georgetown University, 1978; J.D., Vanderbilt Law School, 1982.