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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 . Membership of the Headmasters' And Headmistresses' Conference is often considered as what defines a school as a public school. The next level down are independent Grammar School s. 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 kids 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, as opposed to government (public) and other private schools (parochial/diocesan) where the state or the church owns, governs, and finances the school. The National Assoication of Independent Schools (NAIS) believes that the very success of its schools and their unique contribution to the mix of American pre-college education are related to the freedoms that derive from independence. The Roots of Independence In 1819 the Dartmouth College case declared that state charters establishing private schools and colleges were essentially inviolate. Charters, said the U.S. Supreme Court, were contracts, protected by the Constitution, and could not be unilaterally dissolved by the state. Thus, the independence and freedom of action of our 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 vs. the Society of Sisters. In November, 1922, in a wave of anti-Catholic sentiment, the voters of Oregon adopted through 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 a now famous 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 private schools still enjoy. (Source: Frederick C. Calder, Executive Director, NYSAIS. From NYSAIS BULLETIN #226, March 23, 1998.) 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...
The Four Fundamental Freedoms that Independence Grants Independence in terms of governance and finance affords our schools four fundamental freedoms: 1. To define one's mission without dictates from the government or diocese. 2. 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. 3. To hire faculty based on the school's own criteria for excellence, as opposed to state or union stipulations regarding education degrees or certification. 4. 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. SEE ALSO
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