EDU 513 Civil & Canonical Issues in Education (3 credits; 12.8 CEUs)
Class
About
EDU 513 Civil & Canonical Issues in Education Syllabus
Instructor: Kevin Kijewski, J.D., M.Ed., M.A.
Phone: (248) 971-0476
Email: kevin@kdklawoffice.com
Office Hours: By Appointment via Zoom
Course Description:
This course examines the dual legal frameworks governing Catholic schools in the United States: the ecclesiastical system of Canon Law and the secular system of American law. Students will explore the historical development of Catholic education, key provisions of the 1983 Code of Canon Law related to schools, and the impact of U.S. legal principles such as anti-discrimination statutes, contracts, and religious exemptions on school governance. Through case studies, primary texts, and scholarly articles, the course investigates how these legal systems interact to shape the administration, identity, and mission of Catholic schools. Students will develop analytical skills to address contemporary governance challenges, balancing civil obligations with the Church’s canonical mission.
Course Objectives:
It is a goal of this course to prepare future leaders for Catholic schools by ensuring that students understand the following:
· Understand the foundational principles of Canon Law and American law as they apply to Catholic schools.
· Analyze the historical and legal evolution of Catholic education in the U.S.
· Evaluate the interplay between ecclesiastical and civil laws in school governance.
· Apply legal and canonical reasoning to real-world case studies.
· Develop written arguments addressing governance issues in Catholic education.
Course Grading and Requirements:
• Participation in Zoom discussions: 20%
• Reflection Paper 1 (Week 4): 15%
• Reflection Paper 2 (Week 8): 15%
• Case Study Analysis (Week 12): 25%
• Final Research Paper (Week 15): 25%
Course Materials:
Required Material: Accessible for free via the Internet as listed in the Outline below.
Course Topic Outline:
Students will engage the lectures assigned for each week and use them as an aid in preparing reflections on the assigned readings.
Week 1: Introduction to Catholic Schools and Legal Frameworks Topic: Overview of Catholic education and dual legal systems. Readings:
- "Catholic Schools in the United States" (overview) – Catholic Education: A Journal of Inquiry and Practice, Vol. 1, Issue 1 (1997), pp. 1-5: [https://ejournals.bc.edu/index.php/cej/article/view/1048].
- Code of Canon Law (1983), Book I, General Norms, Cann. 1-6: [https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib1- cann1-6_en.html.
Assignment: None (introductory week).
Week 2: Historical Context and Canonical Foundations
Topic: Emergence of Catholic schools and Canon Law basics. Readings:
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools: A Healthy Partnership" (2009), pp. 1-10: [https://ecommons.udayton.edu/eda_fac_pub/149/].
- Code of Canon Law, Book III, Cann. 793-806 (Teaching Function and Schools): [https://www.vatican.va/archive/cod-iuris- canonici/eng/documents/cic_lib3-cann793-821_en.html].
Assignment: Begin drafting Reflection Paper.
Week 3: The Role of Church Authorities in Governance
Topic: Bishops, pastors, and canonical oversight. Readings:
- Code of Canon Law, Cann. 801-806 (Catholic Schools): [https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3- cann793-821_en.html].
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools: A Healthy Partnership" (2009), pp. 6-10: [https://ecommons.udayton.edu/eda_fac_pub/149/].
Assignment: Reflection Paper (750-1000 words): "How does Canon Law define the role of Church authorities in Catholic school governance?" Due end of week.
Week 4: American Law: Contracts and Property
Topic: Contracts and tax-exempt status in school governance. Readings:
- "Contracts Overview" – Legal Information Institute: [https://www.law.cornell.edu/wex/contract].
- "Tax-Exempt Organizations" – IRS Publication 557, pp. 1-10: [https://www.irs.gov/pub/irs-pdf/p557.pdf].
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools: A Healthy Partnership" (2009), pp. 11-14, 23-25: [https://ecommons.udayton.edu/eda_fac_pub/149/].
Week 5: Anti-Discrimination Laws and Religious Exemptions
Topic: Title VII and the ministerial exception. Readings:
- Title VII of the Civil Rights Act – EEOC: [https://www.eeoc.gov/statutes/title- vii-civil-rights-act-1964].
- Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) – Oyez: [https://www.oyez.org/cases/2011/10-553].
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools: A Healthy Partnership" (2009), pp. 15-18: [https://ecommons.udayton.edu/eda_fac_pub/149/].
Assignment: Case discussion prep.
Week 6: Lay Teachers and Catholic Identity
Topic: Shift to lay faculty and maintaining mission. Readings:
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools: A Healthy Partnership" (2009), pp. 19-22: [https://ecommons.udayton.edu/eda_fac_pub/149/].
- Vatican II, *Apostolicam Actuositatem* (Lay Apostolate), nn. 1-5: [https://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat- ii_decree_19651118_apostolicam-actuositatem_en.html].
- Code of Canon Law, Cann. 803: [https://www.vatican.va/archive/cod-iuris- canonici/eng/documents/cic_lib3-cann793-821_en.html].
Assignment: Begin Case Study Analysis.
Week 7: Case Study: School Closures and Property Law
Topic: Canonical and civil rules on property alienation.
- Code of Canon Law, Cann. 1290-1298 (Alienation of Goods): [https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib5- cann1290-1298_en.html].
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools (2009), pp. 26-30: [https://ecommons.udayton.edu/eda_fac_pub/149/].
- Assignment: Case Study Analysis (1200-1500 words): Analyze a hypothetical Catholic school closure to be provided by the instructor, applying Canon Law and American law. Due end of week.
Week 8: Contemporary Issues Related to Identity and Mission
Topic: Balancing Catholic identity with legal pressures. Readings:
- Ex Corde Ecclesiae (1990), Part I, nn. 1-10: [https://www.vatican.va/content/john-paul- ii/en/apost_constitutions/documents/hf_jp-ii_apc_15081990_ex-corde- ecclesiae.html].
- Divini Illius Magistri (1929) – Pope Pius XI [http://w2.vatican.va/content/pius- xi/en/encyclicals/documents/hf_p-xi_enc_31121929_divini-illius-magistri.html].
- Gravissimum Educationis (1965), Pope Paul VI [http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat- ii_decl_19651028_gravissimum-educationis_en.html].
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools (2009), pp. 31-34: [https://ecommons.udayton.edu/eda_fac_pub/149/].
Assignment: Propose topic for Final Research Paper.
Week 9: Emerging Challenges in Governance
Topic: Modern dilemmas (e.g., LGBTQ+ issues, curriculum). Readings:
- "Religious Freedom and Catholic Schools" – Public Discourse (2018): [https://www.thepublicdiscourse.com/2018/06/21848/].
- Code of Canon Law, Cann. 795 (Education and Virtue): [https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3- cann793-821_en.html].
- *Church of Lukumi Babalu Aye v. City of Hialeah* (1993) – Oyez: [https://www.oyez.org/cases/1992/91-948].
Assignment: Continue work Final Research Paper.
Week 10: Synthesis and Future Directions
Topic: The future of Catholic school governance. Readings:
- Russo, Charles J., "Canon Law, American Law, and Governance of Catholic Schools (2009), Conclusion, pp. 35-37: [https://ecommons.udayton.edu/eda_fac_pub/149/].
- USCCB, "Renewing Our Commitment to Catholic Elementary and Secondary Schools" (2005): [https://www.usccb.org/beliefs-and-teachings/how-we- teach/catholic-education/upload/renewing-our-commitment-2005.pdf].
Assignment: Final Research Paper (2000-2500 words) due at the end of this week.
Grading Policy/Scale:
(See Pontifex Catalog, located online at https://www.pontifex.university/page/show/312485, p. 85)
Coursework:
• The responses to each of the lessons and the summative paper or project will be evaluated based on the following rubric.
GRADING SCALE:
A 4; A- 3.7; B+ 3.3; B 3; B- 2.7; C+ 2.3; C 2; C- 1.7; D+ 1.3; D 1; D- 0.7, F 0
Grading Rubric for the Major Papers
|
0 pts. |
.07 pts. |
1 pt. |
2 pts. |
3 pts. |
4 pts. |
CONTENT
|
Absence of Understanding Analysis shows no awareness of the discipline or its methodologies as they relate to the topic. |
Lack of Understanding Analysis seems to misunderstand some basic concepts of the discipline or lacks ability to articulate them. |
Inadequate understanding Analysis is sometimes unclear in understanding or articulating concepts of the discipline. |
Adequate understanding Analysis demonstrates an understanding of basic concepts of the discipline but could express them with greater clarity. |
Solid Understanding Analysis demonstrates a clear understanding and articulation of concepts with some sense of their wider implications. |
Insightful understanding Analysis clearly demonstrates an understanding and articulation of concepts of the discipline as they relate to the topic; highlights connections to other concepts; integrates concepts into wider contexts. |
RESEARCH
|
Missing Research Paper shows no evidence of research: citation of sources missing. |
Inadequate research and/or documentation Over-reliance on few sources; spotty documentation of facts in text; pattern of citation errors. |
Weak research and/or documentation Inadequate number or quality of sources; many facts not referenced; several errors in citation format. |
Adequate research and documentation but needs improvement Good choice of sources but could be improved with some additions or better selection; did not always cite sources; too many citation errors. |
Solid research and documentation A number of relevant scholarly sources revealing solid research; sources appropriately referenced in paper; only a few minor citation errors. |
Excellent critical research and documentation Critically selected and relevant scholarly sources demonstrating extensive, in- depth research; sources skillfully incorporated into paper at all necessary points; all citations follow standard bibliographic format. |
WRITING & EXPRESSION
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Incomplete writing Analysis is only partially written or completely misses the topic. |
Writing difficult to understand, serious improvement needed Analysis fails to address the topic; confusing organization or development; little elaboration of position; insufficient control of sentence structure and vocabulary; unacceptable number of errors in grammar, mechanics, and usage. |
Episodic writing, a mix of strengths and weaknesses. Analysis noticeably neglects or misinterprets the topic; simplistic or repetitive treatment, only partially- internalized; weak organization and development, some meandering; simple sentences, below-level diction; distracting errors in grammar, mechanics, and usage. |
Acceptable writing, but could use some sharpening of skill Analysis is an uneven response to parts of the topic; somewhat conventional treatment; satisfactory organization, but more development needed; adequate syntax and diction, but could use more vigor; overall control of grammar, mechanics, and usage, but some errors. |
Solid writing, with something interesting to say. Analysis is an adequate response to the topic; some depth and complexity in treatment; persuasive organization and development, with suitable reasons and examples; level- appropriate syntax and diction; mastery of grammar, mechanics, and usage, with hardly any error. |
Command- level writing, making a clear impression Analysis is a thorough response to the topic; thoughtful and insightful examination of issues; compelling organization and development; superior syntax and diction; error- free grammar, mechanics, and usage. |
Course Policies:
(Available in the Academic Catalog, located online at https://www.pontifex.university/page/show/312485, pp. 84-92; some policies relevant to this course are as follows.)
§15. Academic Support Services
Students experiencing difficulties in a course should seek assistance from their instructor who is their primary source of academic support. Students are encouraged to contact faculty members during their publicized hours of availability or to arrange another convenient time to talk with the instructor in order to address difficulties with class materials or assignments. In the event that the faculty member is not able to resolve a student’s need for academic support, the student should contact the Provost.
§16. Incomplete Coursework
Subject to the approval of the faculty member and the Provost, a grade of “I” may be temporarily assigned in a course for which required work has not been completed. An “I” may be issued for reasons involving circumstances beyond a student’s control that prohibit or interfere with the timely completion of coursework. An incomplete grade on a student’s transcript will become an “F” if coursework is not completed by the following dates each academic term:
(1) For an “I” assigned for a course in the fall academic term, remaining coursework must be submitted by the midpoint of the spring academic term.
(2) For an “I” assigned for a course in the spring academic term, remaining coursework must be submitted by the midpoint of the summer academic term.
(3) For an “I” assigned for a course in the summer academic term, remaining coursework must be submitted by the midpoint of the fall academic term. The Provost may approve an exception to this policy in case of extenuating circumstances.
§19. Institutional Class Attendance Policy
Timely completion of every class and participating in any scheduled synchronous activities is required for all students unless a student is ill, or some unforeseen difficulty arises. A student who misses two weeks or more of participation without a legitimate excuse risks being automatically dropped from the course. Proper academic etiquette involves students notifying their course instructor before any scheduled synchronous activity if they will be late or unable to participate. Student excuses for absences need to be submitted in writing to the course instructor (for example, by email). A course instructor may elect to direct evaluation of the student excuse to the Provost if he or she desires.
§20. Values Commitment and Plagiarism
All students are expected to adhere to the Pontifex Honor Code: I pledge on my honor that I will not lie, steal, or cheat, nor condone others doing so. Plagiarism is a very serious form of academic dishonesty. Students plagiarize when they do not give credit to the sources of their writing – the words, information, ideas, or opinions of others. Pontifex takes plagiarism and all forms of academic dishonesty very seriously. Students of Pontifex are expected to avoid plagiarism of any sort. Students who plagiarize or otherwise cheat are subject to penalties up to and including dismissal from Pontifex.
In addition to the Zoom sessions, the course is offered asynchronously on our LMS, NEO. To access the course and complete it successfully, you will need an internet capable device with sound and a current internet browser: either the current or the previous release of Chrome, Firefox and Safari, or Internet Explorer 11+ (for Windows 8 and previous versions), and Microsoft Edge (for Windows 10+) to run the LMS. In addition, courses require the use of, a PDF viewer, word-processing software compatible with Microsoft Office suite and a current email address. For help with the NEO platform see the Help Center in the LMS, found by clicking on the “?” in the upper right hand corner after you have logged in. For log in questions, registration questions, or problems with missing content or content malfunctions, contact the teaching assistant, Elizabeth Froula at efroula@pontifex.university.
Proprietary Interest Policy:
Faculty are permitted to refer to notable past work and achievements (including publications and educational activities not offered by Pontifex University, and even those offered for personal profit) in their published biography on the Pontifex website and course promotions. In the context of educational activities undertaken for Pontifex University, including videos, live or recorded, teachers, can recommend or bring to the attention such work for students (even if for personal profit, for example, books or podcasts) but only with approval by Pontifex University and when it is related to the teaching purpose of the class. An instructor’s related work will be noted in the syllabus as appropriate. Instructors may use their own materials as required in their courses and learning events as long as the materials are appropriate for the particular learning event.
Failure to comply with this policy will result in a warning or administration modification of course materials. Violations of this policy should be reported to the Provost.