CHI TIẾT NGHIÊN CỨU …
Tiêu đề
For god’s sake, don’t segregate! two kinds of religious schools and equality in education
Tác giả
Shahar T.H.B.
Năm xuất bản
2019
Source title
Studies in Law Politics and Society
Số trích dẫn
0
DOI
10.1108/S1059-433720190000079003
Liên kết
Tóm tắt
Legal and philosophical scholarship on religious education typically focuses on religious schools that challenge core liberal values. Religious schools that offer their students quality secular education, and whose religious character is mild, do not raise these concerns and have therefore evaded scrutiny thus far. This chapter argues that the latter kind of religious schools, which I call “creaming religious schools,” may have a negative effect on educational equality and should therefore be subject to restrictive legal regulation. The negative effect on equality is caused by the fact that when successful, these schools appeal not only to members of the religious community but also to non-member high-achieving students who leave the public schools (a process called creaming) thus weakening them. The chapter argues that the harm caused to public schools cannot be redeemed by alluding to the right to religious education because the religious justification for creaming religious schools is relatively weak. The chapter then examines several potential legal measures for contending with creaming religious schools: the antidiscrimination doctrine, which the chapter rejects, showing that it actually aggravates creaming, locating schools in disadvantaged neighborhoods, restricting tuition, reflective enrollment policy, and finally, the total prohibition of establishing creaming religious schools. © 2019 by Emerald Publishing Limited All rights of reproduction in any form reserved.
Từ khóa
Discrimination; Education law; Educational equality; Liberal education; Religious education; Segregation
Tài liệu tham khảo
Ambler J.S., Who benefits from educational choice? Some evidence from Europe, Journal of Policy Analysis and Management, 13, pp. 454-476, (1994); Barber P., State schools and religious authority: Where to draw the line, Ecclesiastical Law Journal, 12, (2010); Bitton Y., Finally our own Brown! (?), Israel Law Review, 45, (2012); Boyd W.L., Public education’s crisis of performance & legitimacy, Yearbook of the National Society for the Study of Education, 102, pp. 1-19, (2003); Brighouse H., Swift A., Educational equality versus educational adequacy: A critique of Anderson & Satz, Journal of Applied Philosophy, 26, (2009); Brighouse H., Swift A., Legitimate parental partiality, Philosophy and Public Affairs, 37, (2009); Brighouse H., Swift A., Family Values: The Ethics of Parent-Child Relationships, (2014); Card D., Dooley M., Payne A., School Competition and Efficiency with Publicly Funded Catholic Schools. Working Paper 14176, (2008); Cipriano-Walter M., Falling off the track: How ability tracking leads to intra-school segregation, Thurgood Marshall Law Review, 41, pp. 25-53, (2016); Clotfelter C.T., After Brown: The Rise and Retreat of School Desegregation, (2006); Dewalt M.W., The growth of Amish schools in the United States, Journal of Research in Rural Education, 17, pp. 122-124, (2001); Dewalt M.W., Troxell B.K., Old order mennonite one-room school: A case study, Anthropology and Education Quarterly, 20, (1989); Dronkers J., Do public and religious schools really differ? Assessing the European evidence, Educating Citizens: International Perspectives on Civic Values and School Choice, pp. 287-315, (2004); Ediger M., Old order Amish philosophy of education, Education, 125, pp. 422-425, (2005); Erbay S., The Amish: A distinct cosmos serving well for a philological dualism, Narrative and Language Studies, 1, (2013); Ermisch J., Jantti M., Smeeding T.M., From Parents to Children: The Intergenerational Transmission of Advantage, (2012); Finn C.E., Hocket J.A., Exam Schools: Inside America’s Most Selective Public High Schools, (2012); Frankenberg E., The segregation of American teachers, Education Policy Analysis Archives, 17, pp. 1-42, (2009); Fuller B., Elmore R.F., Who Chooses Who Loses? Culture, (1996); Galstone W.A., Two concepts of liberalism, Ethics, 105, pp. 516-534, (1995); Gilles S.G., Liberal parentalism and children’s education rights, Capital University Law Review, 26, pp. 9-44, (1997); Green P.C., Oluwole J., Charter schools: Racial-balancing provisions and parents involved, Arkansas Law Review, 61, pp. 1-52, (2008); Greene A.D., Tracking work: Race-ethnic variation in vocational course placement and consequences for academic and career outcomes, International Journal of Education Studies, 1, pp. 9-18, (2014); Gross Z., State religious education in Israel: Between tradition and modernity, Prospects, 33, 2, (2003); Gutmann A., Civic education and social diversity, Ethics, 105, pp. 557-579, (1995); Harel Ben Shahar T., Educational autonomy, core curricula, and public funding of education: The 2008 culturally-unique schools act, Haifa Law Review, 12, pp. 281-331, (2009); Harel Ben Shahar T., Distributive justice in education and conflicting interests: Not (remotely) as bad as you think, Journal of Philosophy of Education, 49, pp. 491-509, (2015); Harel Ben Shahar T., Race class and religion: Creaming and cropping in religious, ethnic, and cultural charter schools, Columbia Journal of Race and Law, 7, pp. 1-79, (2016); Harel Ben Shahar T., Berger E., Religious justification, elitist outcome: Are religious schools being used to avoid integration?, Journal of Education Policy, 33, pp. 558-583, (2018); Harr-Bailey M.J., Cooper B.S., The introduction of religious charter schools: A cultural movement in the public school sector, Journal of Research on Christian Education, 18, pp. 272-289, (2009); Hickman Wehlburg C., Greenwood G.E., Miller M.D., High school parent involvement: Relationships with achievement, grade level, SES, and gender, Journal of Research and Development in Education, 28, pp. 125-134, (1995); Horning C.N., The intersection of religious charter schools and urban Catholic education: A literature review, Catholic Education, 2013, pp. 364-387, (2013); Hurst C.E., McConnell D.L., An Amish Paradox: Diversity and Change in the world’s Largest Amish Community, (2010); Johnson K.A., The Peer Effect on Academic Achievement among Public Elementary School Students, (2000); Kahlenberg R.D., All Together Now: Creating Middle-Class Schools through Public School Choice, (2001); Kraybill D.B., Johnson-Weiner K.M., Nolt S.M., The Amish, (2013); Ladd H., Clotfelter C.T., Holbein J.B., The Growing Segmentation of the Charter School Sector in North Carolina, (2015); Lareau A., Unequal Childhoods: Class Race and Family Life, (2003); Lohmann H., Private School Attendance in a Differentiated Education System: Recent Developments in Germany, (2011); Losen D.J., Silent segregation in our nation’s schools, Harvard Civil Rights and Civil Liberties Law Review, 34, pp. 517-546, (1999); Lubienski C.A., Thuele Lubienski S., The Public School Advantage: Why Public Schools Outperform Private Schools, (2014); Macedo S., Liberal civic education and religious fundamentalism: The case of God v. John Rawls?, Ethics, 1995, pp. 468-496, (1995); Macedo S., Diversity and Distrust: Civic Education in a Multicultural Democracy, (2000); Merry M.S., The conundrum of religious schools in twenty-first-century-Europe, Comparative Education, 51, (2014); Merry M.S., Driessen G., Islamic schools in three western countries: Policy and procedure, Comparative Education, 41, (2005); Merry M.S., Driessen G., On the right track? Islamic schools in The Netherlands after an era of turmoil, Race Ethnicity and Education, 19, (2016); Meuret D., School choice and its regulation in France, Educating Citizens: International Perspectives on Civic Values and School Choice, pp. 238-267, (2004); Nye W.R., The Receptiveness of the Amish Community to a Community School Designed Specifically for Amish Culture and Needs, (2013); Oakes J., Two cities’ tracking and within-school segregation, Teachers College Record, 96, pp. 681-690, (1995); Orfield G., Lee C., Why Segregation Matters: Poverty and Educational Inequality, (2005); Parker W., The color of choice: Race and charter schools, Tullaine Law Review, 75, (2011); Peske H.G., Haycock K., Teaching Inequality: How Poor and Minority Students are Shortchanged on Teacher Quality, (2006); Ritter G.W., Jensen N., Kisida B., McGee J.B., A closer look at charter schools and segregation, Education Next, 10, pp. 69-73, (2010); Ross T., Kena G., Higher Education: Gaps in Access and Persistence Study. Institution of Education Sciences, (2012); Rothstein R., Class and Schools: Using Social, Economic and Educational Reform to Close the Black-White Achievement Gap, (2004); Rumberger R.W., Palardy G.J., Does segregation still matter? The impact of student composition on academic achievement in high school, Teachers College Report, 107, pp. 1999-2045, (2005); Siracusa-Hillman B., Is there a place for religious charter schools?, Yale Law Journal, 118, pp. 554-599, (2008); Spinner J., The Boundaries of Citizenship: Race, Ethnicity and Nationality in the Liberal State, (1994); Stolzenberg N.M., He drew a circle that shut me out: Assimilation, indoctrination and the paradox of liberal education, Harvard Law Review, 106, pp. 581-667, (1993); Swift A., How Not to Be a Hypocrite: School Choice for the Morally Perplexed Parent. London, (2003); Walters E., Trying to keep religion out of the charter school classroom, The Texas Tribune, (2013); Weiler J.H.H., Discrimination and identity in London: The Jewish free school case, Jewish Review of Books, (2010); Weinberg L.D., Religious Charter Schools: Legalities and Practicalities, (2007); Whitty G., Creating quasi-markets in education: A review of research on parental choice and school autonomy in three countries, Review of Research in Education, 22, pp. 3-47, (1997); Yablon Y.B., Privatization of religious public education in Israel: Enhancing parents’ educational goals or fostering segregation, International Journal of Inclusive Education, 13, (2009); Zimmer R.W., Toma E.F., Peer effects in private and public schools across countries, Journal of Policy Analysis and Management, 19, pp. 75-92, (2000)
Nơi xuất bản
Emerald Group Publishing Ltd.
Hình thức xuất bản
Book chapter
Open Access
Nguồn
Scopus