In early 19th century England, life expectancy was poor, and parents worried what would happen to their children should they die. In 1855, the Cheadle Hulme School, originally named The Manchester Warehousemen and Clerks’ Orphan School, was established to care for children who had lost their fathers. Because fathers had sole responsibility for, and control of, their children, these children were considered to be orphans. The school adopted the motto in loco parentis to describe its dedication to caring for and educating the children in their custody.
The term in loco parentis became a legal precedent applied to wards of the court, gaining legal standing in the educational field. This concept was adopted in the U.S., where primary and secondary schools, as well as colleges and universities, were permitted to act in loco parentis for their students. As a result, schools were given broad discretionary power and authority in restricting and disciplining students, one court stating in 1866, “…we have no more authority to interfere [in what teachers do or say to students] than we have to control the domestic discipline of a father in his family.”
Roadblock to Students’ Rights
The doctrine of in loco parentis allowed schools to place restrictions on students’ behaviors, both in school and out, and allowed them to punish students in a parent’s stead. Such restrictions included sex-segregated dormitories, curfews imposed differently on women than men, and the expulsion of female students who were “morally undesirable.” Colleges and universities also sought to restrict students’ right to free speech, forbidding student organizations from demonstrating on campus.
In the 1960s and 1970s, in loco parentis met public opposition, especially where it applied to imposing the will of educators on adult students. Following a number of landmark rulings by the U.S. Supreme Court, the application of in loco parentis disappeared from institutions of higher education in the U.S., though it still applies to some extent in primary and secondary schools.
History of In Loco Parentis in Education
In early 19th century England, life expectancy was poor, and parents worried what would happen to their children should they die. In 1855, the Cheadle Hulme School, originally named The Manchester Warehousemen and Clerks’ Orphan School, was established to care for children who had lost their fathers. Because fathers had sole responsibility for, and control of, their children, these children were considered to be orphans. The school adopted the motto in loco parentis to describe its dedication to caring for and educating the children in their custody.
The term in loco parentis became a legal precedent applied to wards of the court, gaining legal standing in the educational field. This concept was adopted in the U.S., where primary and secondary schools, as well as colleges and universities, were permitted to act in loco parentis for their students. As a result, schools were given broad discretionary power and authority in restricting and disciplining students, one court stating in 1866, “…we have no more authority to interfere [in what teachers do or say to students] than we have to control the domestic discipline of a father in his family.”
Roadblock to Students’ Rights
The doctrine of in loco parentis allowed schools to place restrictions on students’ behaviors, both in school and out, and allowed them to punish students in a parent’s stead. Such restrictions included sex-segregated dormitories, curfews imposed differently on women than men, and the expulsion of female students who were “morally undesirable.” Colleges and universities also sought to restrict students’ right to free speech, forbidding student organizations from demonstrating on campus.
In the 1960s and 1970s, in loco parentis met public opposition, especially where it applied to imposing the will of educators on adult students. Following a number of landmark rulings by the U.S. Supreme Court, the application of in loco parentis disappeared from institutions of higher education in the U.S., though it still applies to some extent in primary and secondary schools.