For over a decade, we have been studying, discussing and hopefully using the National Standards and Benchmarks for Effective Catholic Elementary and Secondary Schools (NSBECS) in the ministry of Catholic education. At first glance, the standards and benchmarks may appear to have little to do with law and law with them.
The NSBECS offer a framework for both the operation and the evaluation of Catholic schools. The standards describe policies, programs, structures and processes that should be found in effective Catholic schools. They define the characteristics of the Catholic identity and academic mission of Catholic schools and provide the framework on which the benchmarks are situated.
So, what do the standards have to do with the law? Readers of this column will recall that one of the main sources of the law impacting Catholic schools is contract law. While parents who choose a public school education for their children have a Constitutional right to that education, those who choose Catholic schools enter into a contractual agreement with the Catholic school. The case of Pierce vs. the Society of Sisters, previously discussed in this column, established the Constitutional right to choose a private education. A parent agrees to pay tuition and follow the rules and regulations of the Catholic school, and in return, the Catholic school agrees to provide a Catholic education for their children. The right to choose is Constitutional and has stood the test of time for more than 100 years.
The defining characteristics of the NSBECS flow directly from The Holy See’s Teaching on Catholic Schools. We are told that “the characteristics define the deep Catholic identity of Catholic schools and serve as the platform on which the standards and benchmarks rest.” The NSBECS standards describe policies, programs, structures and processes that should be present in effective mission-driven Catholic education. The standards involve four domains: Mission and Catholic Identity, Governance and Leadership, Academic Excellence and Operational Vitality.
The NSBECS can be viewed as part of the contractual responsibilities incumbent on all Catholic schools. A contract consists of an agreement with consideration between two parties: the Catholic school agrees to provide a Catholic education, and the parents agree to pay tuition and follow the rules of the Catholic school. The NSBECS provide a template for setting the goals of a Catholic school—and for evaluating how well the Catholic school meets the standards it pledges to meet through its philosophy and program requirements.
The standards framework should be present in effective Catholic schools operating according to the defining characteristics of the four domains. Parents who choose a Catholic education have the right to expect that the school’s identity is rooted in those four domains as part of their contractual obligation with the school.
Returning to our contract analysis, we can see what the Catholic school promises in terms of education and faith formation. The school’s mission statement should reflect the standards.
While Academic Excellence is an important goal, it operates in conjunction with the need to provide an education that is true to the teachings of the Catholic Church. A school that fails in this regard fails in its mission. It can be tempting to become so wrapped up in Academic Excellence that faith formation suffers; such is not acceptable in a Catholic school. Academic Excellence helps to enable the Catholic school to meet its primary goal: providing an excellent Catholic education. Academic Excellence is at the core of the mission of a Catholic school. It is not enough to be spiritually strong; the school must be academically outstanding as well to fulfill its mission.
While the typical Catholic school parent may not be familiar with the standards and benchmarks, they are still part of the contractual promise that the Catholic school makes to parents and their children. Each domain is important and has a role to play in the delivery of a Catholic education. Without a strong commitment to Mission and Catholic Identity, the Catholic school lacks the spiritual roots necessary for the fulfillment of its mission. Without strong attention to Governance and Leadership, the Catholic school may well fail in its delivery of a Catholic education.
The Catholic school must seek excellence in all aspects of its operation. All four elements provide the roots for an effective and excellent Catholic school. A Catholic school, for example, that has a strong faith base but is not attuned to best practices in teaching, fails in its mission to provide an excellent Catholic education. A Catholic school that supports Academic Excellence but fails to promote Catholic Identity fails in its mission as a Catholic school. Likewise, Operational Vitality is necessary for the survival and fulfillment of the mission of the Catholic school. A school with excellent academics but a shaky financial basis puts its continued existence at risk. While holding fast to the principles of Catholicity, care must be taken to ensure financial solvency as well as Academic Excellence.
Catholic schools are an important ministry of the Catholic Church. The NSBECS can provide a road map for the fulfillment of this ministry. Catholic school administrators and teachers do well to utilize the NSBECS to assess the school’s performance and to evaluate their efficacy in the mission of Catholic education. Parents, as well, should be using them to evaluate the effectiveness of the Catholic school education provided to their children.
Understanding NSBECS in the framework of contract law need not be legalistic. Rather, it should be seen as a reflective exercise in carrying out the important mission of Catholic school education.
Sister Mary Angela Shaughnessy, SCN, JD, Ph.D.is a Sister of Charity of Nazareth and a nationally recognized expert on the law as it affects Catholic schools and Church ministry.Angie.Shaughnessy@lmu.edu