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EspañolINDEPENDENT SCHOOL
An 'independent school' is a school which is not dependent upon national or local government for financing its operation and is instead operated by tuition charges, gifts, and in some cases the investment yield of an endowment.
Though the terms independent school and private school are often synonyms in popular usage in the U.S. and in Canada; independent schools themselves have increasingly come to favor the former term. Independent schools may have a religious affiliation, but the more precise usage of the term excludes parochial schools and other schools with financial dependence upon outside organizations.
In England, Wales and Northern Ireland the more prestigious independent schools are known as public schools, sometimes categorised as major and minor public schools. Membership of the Headmasters' and Headmistresses' Conference is often considered as what defines a school as a public school, though this includes many independent grammar schools. Their detractors generally prefer 'private school'.
In Scotland, all schools not dependent on state funding are known as private schools or independent schools.
In Australia, where the term is also used interchangeably with private school, an independent school is usually a church-run and often prestigious school, although since the 1980s the number of low-fee schools catering for 'average' Australians, and in some cases without any religious affiliation, has increased significantly. Catholic schools, which are usually more accessible with lower fees, also make up a sizeable proportion of Australian independent schools, and are usually regarded as a school sector of their own within the broad category of independent schools.
Independent schools in the United States educate only a tiny fraction of the school-age population (slightly over 1% of the entire school-age population, 10% of the 10% of students who go to private schools). The essential distinction between independent schools and other private schools is independence itself, essentially independence in governance and in finance: i.e., independent schools own, govern, and finance themselves. In contrast, public schools are funded and governed by government and most parochial/diocesan schools are owned, governed, and financed by a church organization. The National Association of Independent Schools (NAIS) is a membership organization of American pre-college independent schools. See List of independent Catholic schools in the United States.
In 1819 United States Supreme court opinion, Dartmouth College v. Woodward the court affirmed that that state charters establishing private schools and colleges were essentially inviolate. Charters, said the court, were contracts, protected by the Constitution, and could not be unilaterally dissolved by the state. Thus, the independence and freedom of action of non-governmental schools were guaranteed.
One hundred six years later in July, 1925, an equally important case was decided by the Supreme Court when the Society of Sisters of the Holy Names and the Hill Military Academy brought suit against Walter Pierce, the Governor of the State of Oregon, known as Pierce v. Society of Sisters. In November, 1922, in a wave of anti-Catholic sentiment, the voters of Oregon adopted through a ballot initiative the Compulsory Education Act which required every parent or guardian to send children between 8 and 16 years of age to a local public school. Failure to do so constituted a misdemeanor punishable by fines and/or imprisonment. In the ruling, Mr. Justice McReynolds delivered the opinion of the Court: "... We think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.... The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations." The Court also held that enforcement of the Compulsory Education Act would do irreparable harm to the business and property of private schools. Thus, it was declared null and void. While Dartmouth established the right of private institutions to exist in perpetuity, Pierce asserted the right of parents to choose the educational setting for their children. State power was curbed by forbidding the erection of a monolithic educational system that all must attend. Upon these two critical decisions rests most of the constitutional protection that United States private schools enjoy.[1]
Independent schools belonging to NAIS share certain fundamental characteristics of purpose, structure, and operation, such characteristics being the defining factors for NAIS of a school's independence. NAIS schools are independent in that they have...
★ Independent incorporation as not-for-profit institutions with clearly stated educational goals and non-discriminatory policies in admissions and employment.
★ An individually developed mission and philosophy which in turn becomes the basis for the school's program.
★ A self-perpetuating board of trustees whose role is to plan for the future, to set overall policy, to finance the school (largely through setting tuition and generating charitable giving), and to appoint and evaluate the head of school.
★ An administration free to implement the mission of the school by designing and articulating its curriculum, by hiring and developing a capable and qualified faculty, and by admitting those students whom the school determines it can best serve.
★ A commitment to continuous institutional growth and quality manifested by participation in the rigorous and comprehensive evaluation and accreditation process of a state or regional accrediting body (whose accrediting processes are recognized and endorsed by NAIS).
Independence in terms of governance and finance affords our schools four fundamental freedoms:
# To define one's mission without dictates from the government or diocese.
# To admit and retain just those students the mission indicates the school should serve, since enrollment in independent schools is a privilege not a right.
# To hire faculty based on the school's own criteria for excellence, as opposed to state or union stipulations regarding education degrees or certification.
# To articulate a curriculum and program as an individual school sees fit, without being tied by the state (or any other outside agency) to a particular program, set of texts, or achievement assessment instruments.
The freedom and accountability embodied within these concepts of the independent school are the source of independent schools' greatest strengths and their most important contribution as a model for education.
'Article 29' - "Article 29 (of the United Nations Convention on the Rights of the Child) limits the right of parents and others to educate children in private school by requiring that all such schools support both the charter and principles of the United Nations and a list of specific values and ideals. By contrast, United States Supreme Court case law has provided that a combination of parental rights and religious liberties provide a broader right of parents and private schools to control the values and curriculum of private education free from State interference."[2]
★ Independent school (UK)
★ Private school
★ Preparatory school
★ Parochial school
★ High school
★ Public school
★ Boarding school
★ Independent Schools Athletic League
1. Frederick C. Calder, Executive Director, NYSAIS. From NYSAIS BULLETIN #226, March 23, 1998.
2. David M. Smolin, ''Overcoming Religious Objections to the Convention on the Rights of the Child'', Article 29, 104 at [1] - See Susan H. Bitensky, Educating the Child for a Productive Life, in CHILDREN’S RIGHTS IN AMERICA 181 (Cynthia Price Cohen & Howard A. Davidson eds., 1990) (referring to “fundamentalist” curriculum used in some private religious schools which evidences hostility toward the United Nations). Relevant cases include Runyon v. McCrary, 427 U.S. 160 (1976); Wisconsin v. Yoder, 406 U.S. 205 (1972); Pierce v. Society of Sisters, 268 U.S. 510 (1925); Meyer v. Nebraska, 262 U.S. 390 (1923).
★ Hein, David (4 January 2004). What Has Happened to Episcopal Schools? ''The Living Church'', 228, no. 1, 21-22.
★ National Association of Independent Schools (U.S.A.)
★ Canadian Association of Independent Schools
★ The Independent Schools Directory
★ The Independent Schools Directory of United Kingdom
★ The Independent School Report (U.S.A.)
Though the terms independent school and private school are often synonyms in popular usage in the U.S. and in Canada; independent schools themselves have increasingly come to favor the former term. Independent schools may have a religious affiliation, but the more precise usage of the term excludes parochial schools and other schools with financial dependence upon outside organizations.
In England, Wales and Northern Ireland the more prestigious independent schools are known as public schools, sometimes categorised as major and minor public schools. Membership of the Headmasters' and Headmistresses' Conference is often considered as what defines a school as a public school, though this includes many independent grammar schools. Their detractors generally prefer 'private school'.
In Scotland, all schools not dependent on state funding are known as private schools or independent schools.
In Australia, where the term is also used interchangeably with private school, an independent school is usually a church-run and often prestigious school, although since the 1980s the number of low-fee schools catering for 'average' Australians, and in some cases without any religious affiliation, has increased significantly. Catholic schools, which are usually more accessible with lower fees, also make up a sizeable proportion of Australian independent schools, and are usually regarded as a school sector of their own within the broad category of independent schools.
Independent schools in the United States
Independent schools in the United States educate only a tiny fraction of the school-age population (slightly over 1% of the entire school-age population, 10% of the 10% of students who go to private schools). The essential distinction between independent schools and other private schools is independence itself, essentially independence in governance and in finance: i.e., independent schools own, govern, and finance themselves. In contrast, public schools are funded and governed by government and most parochial/diocesan schools are owned, governed, and financed by a church organization. The National Association of Independent Schools (NAIS) is a membership organization of American pre-college independent schools. See List of independent Catholic schools in the United States.
The roots of independence
In 1819 United States Supreme court opinion, Dartmouth College v. Woodward the court affirmed that that state charters establishing private schools and colleges were essentially inviolate. Charters, said the court, were contracts, protected by the Constitution, and could not be unilaterally dissolved by the state. Thus, the independence and freedom of action of non-governmental schools were guaranteed.
One hundred six years later in July, 1925, an equally important case was decided by the Supreme Court when the Society of Sisters of the Holy Names and the Hill Military Academy brought suit against Walter Pierce, the Governor of the State of Oregon, known as Pierce v. Society of Sisters. In November, 1922, in a wave of anti-Catholic sentiment, the voters of Oregon adopted through a ballot initiative the Compulsory Education Act which required every parent or guardian to send children between 8 and 16 years of age to a local public school. Failure to do so constituted a misdemeanor punishable by fines and/or imprisonment. In the ruling, Mr. Justice McReynolds delivered the opinion of the Court: "... We think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.... The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations." The Court also held that enforcement of the Compulsory Education Act would do irreparable harm to the business and property of private schools. Thus, it was declared null and void. While Dartmouth established the right of private institutions to exist in perpetuity, Pierce asserted the right of parents to choose the educational setting for their children. State power was curbed by forbidding the erection of a monolithic educational system that all must attend. Upon these two critical decisions rests most of the constitutional protection that United States private schools enjoy.[1]
A definition of ''independence''
Independent schools belonging to NAIS share certain fundamental characteristics of purpose, structure, and operation, such characteristics being the defining factors for NAIS of a school's independence. NAIS schools are independent in that they have...
★ Independent incorporation as not-for-profit institutions with clearly stated educational goals and non-discriminatory policies in admissions and employment.
★ An individually developed mission and philosophy which in turn becomes the basis for the school's program.
★ A self-perpetuating board of trustees whose role is to plan for the future, to set overall policy, to finance the school (largely through setting tuition and generating charitable giving), and to appoint and evaluate the head of school.
★ An administration free to implement the mission of the school by designing and articulating its curriculum, by hiring and developing a capable and qualified faculty, and by admitting those students whom the school determines it can best serve.
★ A commitment to continuous institutional growth and quality manifested by participation in the rigorous and comprehensive evaluation and accreditation process of a state or regional accrediting body (whose accrediting processes are recognized and endorsed by NAIS).
The four fundamental freedoms that independence grants
Independence in terms of governance and finance affords our schools four fundamental freedoms:
# To define one's mission without dictates from the government or diocese.
# To admit and retain just those students the mission indicates the school should serve, since enrollment in independent schools is a privilege not a right.
# To hire faculty based on the school's own criteria for excellence, as opposed to state or union stipulations regarding education degrees or certification.
# To articulate a curriculum and program as an individual school sees fit, without being tied by the state (or any other outside agency) to a particular program, set of texts, or achievement assessment instruments.
The freedom and accountability embodied within these concepts of the independent school are the source of independent schools' greatest strengths and their most important contribution as a model for education.
United Nations Convention on the Rights of the Child
'Article 29' - "Article 29 (of the United Nations Convention on the Rights of the Child) limits the right of parents and others to educate children in private school by requiring that all such schools support both the charter and principles of the United Nations and a list of specific values and ideals. By contrast, United States Supreme Court case law has provided that a combination of parental rights and religious liberties provide a broader right of parents and private schools to control the values and curriculum of private education free from State interference."[2]
See also
★ Independent school (UK)
★ Private school
★ Preparatory school
★ Parochial school
★ High school
★ Public school
★ Boarding school
★ Independent Schools Athletic League
Notes
1. Frederick C. Calder, Executive Director, NYSAIS. From NYSAIS BULLETIN #226, March 23, 1998.
2. David M. Smolin, ''Overcoming Religious Objections to the Convention on the Rights of the Child'', Article 29, 104 at [1] - See Susan H. Bitensky, Educating the Child for a Productive Life, in CHILDREN’S RIGHTS IN AMERICA 181 (Cynthia Price Cohen & Howard A. Davidson eds., 1990) (referring to “fundamentalist” curriculum used in some private religious schools which evidences hostility toward the United Nations). Relevant cases include Runyon v. McCrary, 427 U.S. 160 (1976); Wisconsin v. Yoder, 406 U.S. 205 (1972); Pierce v. Society of Sisters, 268 U.S. 510 (1925); Meyer v. Nebraska, 262 U.S. 390 (1923).
See also
★ Hein, David (4 January 2004). What Has Happened to Episcopal Schools? ''The Living Church'', 228, no. 1, 21-22.
External links
★ National Association of Independent Schools (U.S.A.)
★ Canadian Association of Independent Schools
★ The Independent Schools Directory
★ The Independent Schools Directory of United Kingdom
★ The Independent School Report (U.S.A.)
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