U.S./Toronto Region Board Formation. Educational Governance: The Church and Lasallian Ministries...

U.S./Toronto U.S./Toronto RegionRegion

Board FormationBoard Formation

Educational Educational Governance:Governance:

The Church and The Church and Lasallian MinistriesLasallian Ministries

TopicsTopics

I.I. SponsorshipSponsorship

II.II. The Church and Canon LawThe Church and Canon Law

III.III. Governance Structures of the Governance Structures of the Brothers of the Christian SchoolsBrothers of the Christian Schools

IV.IV. Variety of Schools and Governance Variety of Schools and Governance StructuresStructures

V.V. Concluding PointsConcluding Points

SponsorshipSponsorship

Sponsorship of a Sponsorship of a ministry is a formal ministry is a formal relationship between relationship between a recognized Catholic a recognized Catholic organization and a organization and a legally formed entity legally formed entity entered into for the entered into for the sake of promoting sake of promoting and sustaining the and sustaining the Church’s mission in Church’s mission in the world.the world.

SponsorshipSponsorship

Sponsorship is a Sponsorship is a relationship relationship between the between the Brothers of the Brothers of the Christian Schools Christian Schools and their ministries and their ministries that insures and that insures and sustains its Catholic sustains its Catholic identity and the identity and the Lasallian charism Lasallian charism into the future.into the future.

Why Sponsorship?Why Sponsorship?

NOT because there NOT because there are fewer and are fewer and fewer Brothers in fewer Brothers in Lasallian Lasallian ministries!ministries!


A deliberate desire A deliberate desire to insure and to insure and sustain the sustain the Catholic, Lasallian Catholic, Lasallian mission of schools mission of schools into the future.into the future.


A deliberate desire A deliberate desire for Brothers and for Brothers and Partners to Partners to collaborate in collaborate in shared mission and shared mission and association.association.


A deliberate desire A deliberate desire to maintain a to maintain a relationship in relationship in areas of influence, areas of influence, governance, and governance, and management.management.

The Evolution of The Evolution of SponsorshipSponsorship

1. The Family 1. The Family BusinessBusiness

2. The Franchise2. The Franchise 3. The Partnership3. The Partnership 4. The Next 4. The Next

GenerationGeneration

1. The Family Business1. The Family Business

a.a. 1681(The Founding) - 19701681(The Founding) - 1970

b.b. The Brothers predominate in The Brothers predominate in management, governance, and management, governance, and staffingstaffing

c.c. Brothers’ community and institution Brothers’ community and institution overlapoverlap

d.d. ““Keys,” “Kitchen privileges” and Keys,” “Kitchen privileges” and “Privileged Information” are signs of “Privileged Information” are signs of Family membership.Family membership.

2. The Franchise2. The Franchise

a.a. 1970’s – 1990’s1970’s – 1990’sb.b. Fewer Family members (Brothers) Fewer Family members (Brothers)

involved in work involved in work c.c. Trusted co-workers given selective Trusted co-workers given selective

influenceinfluenced.d. Introduction of new legal structures Introduction of new legal structures

and governanceand governancee.e. Key positions of power and influence Key positions of power and influence

still held by Family members.still held by Family members.

3. Partnership3. Partnership

a.a. 1990-present1990-present

b.b. A developing understanding of A developing understanding of “Shared Mission” and “Association”“Shared Mission” and “Association”

c.c. Expansion of Lasallian formation Expansion of Lasallian formation programsprograms

d.d. Greater collaboration of Brothers Greater collaboration of Brothers and Partnersand Partners

e.e. Less hierarchical in approachLess hierarchical in approach

4. The New Generation4. The New Generation

a.a. Somewhere in the futureSomewhere in the future

b.b. Absence of any significant number Absence of any significant number of Brothers to serve in governance of Brothers to serve in governance rolesroles

c.c. No longer a focus on control and No longer a focus on control and influence, but one of co-creationinfluence, but one of co-creation

d.d. ““Shared Mission” and “Association” Shared Mission” and “Association” become a realitybecome a reality

II.II. School Governance and School Governance and Canon LawCanon Law

A.A. BackgroundBackground

B.B. The “Juridic The “Juridic Person”Person”

C.C. The Authority of The Authority of the Bishopthe Bishop

Canon LawCanon Law

What is it?What is it? The law of the Catholic ChurchThe law of the Catholic Church It governs the existence and continuation of It governs the existence and continuation of

Catholic institutions.Catholic institutions.

How does it work?How does it work? It recognizes an entity as a ministry of the It recognizes an entity as a ministry of the

ChurchChurch It assures the faithful administration of the It assures the faithful administration of the

ministry.ministry. It assures the preservation of ecclesiastical It assures the preservation of ecclesiastical

goods.goods.

The Juridic PersonThe Juridic Person

The Juridic Person is The Juridic Person is the equivalent of a the equivalent of a civil corporation.civil corporation.

The Juridic Person is The Juridic Person is an individual legal an individual legal entity recognized entity recognized by the Church.by the Church.

The Juridic PersonThe Juridic Person

Schools may be Schools may be eithereither

-separate juridic -separate juridic persons, orpersons, or

-part of a juridic -part of a juridic person of another person of another entity, such as a entity, such as a parish or A parish or A RELIGIOUS RELIGIOUS ORDER.ORDER.

The Authority of the BishopThe Authority of the Bishop

1.1. Consent of the Consent of the Bishop is required Bishop is required for a school to call for a school to call itself Catholic.itself Catholic.

--Canon 803--Canon 803


2. The Bishop has the duty to 2. The Bishop has the duty to inspect Catholic schools.inspect Catholic schools.

3. The Bishop has the duty to 3. The Bishop has the duty to

exercise supervision over exercise supervision over religious education religious education programs and those who programs and those who teach in such programsteach in such programs

Canons 806, 804Canons 806, 804


4. The Bishop has the 4. The Bishop has the right to appoint and right to appoint and remove religion remove religion teachers for/from teachers for/from schools in his schools in his diocese.diocese.

--Canon 805--Canon 805


‘‘Such prescriptions are also operative for Such prescriptions are also operative for those schools which are directed by those schools which are directed by religious orders with due regard for their religious orders with due regard for their autonomy regarding the internal autonomy regarding the internal management of their schools.”management of their schools.”

The Authority of the The Authority of the BishopBishop

The Bishop has The Bishop has authority over the authority over the Catholic identity of Catholic identity of a school in areas a school in areas such assuch as

-Religion curriculum, -Religion curriculum, texts, and teacherstexts, and teachers

-Religious Facilities-Religious Facilities

-Public utterances, -Public utterances, image, and guestsimage, and guests

Questions or Questions or CommentsComments

III. Structures of III. Structures of Governance in the Brothers Governance in the Brothers

of the Christian Schoolsof the Christian Schools

The International Institute 2009

80

Count r i

e s

81,000 Partners

5 00 0

Br o t h e r s

800,000 Students800,000 Students

The Superior GeneralThe Superior General

He is elected by a He is elected by a General Chapter of General Chapter of Brothers to a Brothers to a seven-year termseven-year term

He is supported in He is supported in his work by a vicar his work by a vicar general and the general and the General CouncilGeneral Council

He resides in He resides in RomeRome

The General CouncilThe General Council

The Motherhouse in RomeThe Motherhouse in Rome

The USA-Toronto RegionThe USA-Toronto Region(circa 2005)(circa 2005)

The United States-Toronto Region 2009

■ 100 ministries

■ 56 high schools

■ 14 “Miguel” schools

■ 3 “Cristo Rey” schools

■ 7 Colleges / Universities

■ 3 elementary schools

■ Programs for Youth with Special Needs

San Francisco District

New Orleans/Santa Fe District

Midwest District

District of Eastern North America (DENA)

Districts of the United States/Toronto Region

The Christian Brothers The Christian Brothers ConferenceConference

A Coordinating and A Coordinating and Service Service Organization for the Organization for the USA/Toronto USA/Toronto RegionRegion

Located in Located in Washington, DCWashington, DC

A structure of A structure of administration, not administration, not governance, for the governance, for the four Districts in the four Districts in the RegionRegion

DistrictsDistricts the basic the basic

administrative units administrative units of the Instituteof the Institute

Each District has a Each District has a history. Hence, the history. Hence, the geographical geographical boundaries are boundaries are sometimes “unique”.sometimes “unique”.

Districts are led by Districts are led by Brother Visitors Brother Visitors (Provincials) and (Provincials) and their teams.their teams.

District Governance District Governance StructuresStructures

1.1. One structure, the District Council, One structure, the District Council, required in Canon Law, is composed of required in Canon Law, is composed of elected, appointed, and elected, appointed, and ex officio ex officio Brothers.Brothers.

a.a. Consultative in all but a few areasConsultative in all but a few areas

2.2. One structure, the Mission Council, is One structure, the Mission Council, is composed of Brothers and Partners.composed of Brothers and Partners.

a.a. Mandated by the last General ChapterMandated by the last General Chapterb.b. Advisory in terms of the apostolateAdvisory in terms of the apostolate

3.3. An Economic Council is required in law, An Economic Council is required in law, and other committee structures exist.and other committee structures exist.

Varieties of Schools and Varieties of Schools and Governance StructuresGovernance Structures

The purpose of the Institute The purpose of the Institute is to give a Christian and is to give a Christian and human education to the human education to the young, and especially the young, and especially the poor, according to the poor, according to the ministry which the Church ministry which the Church has entrusted to it.has entrusted to it.

The student is at the center The student is at the center of Lasallian ministries.of Lasallian ministries.

The various structures of The various structures of governance exist to create governance exist to create schools which provide the schools which provide the best education possible for best education possible for the young men and women the young men and women “entrusted to our care”“entrusted to our care”

Varieties of SchoolsVarieties of Schools

Parish Elementary or High Parish Elementary or High SchoolsSchools

-Governed by a pastor-Governed by a pastor

-Limited only by the -Limited only by the bishop’s right of reviewbishop’s right of review

Diocesan SchoolsDiocesan Schools

-Governed by a board -Governed by a board directly under the bishopdirectly under the bishop

Varieties of SchoolsVarieties of Schools

Schools Operated by a Schools Operated by a Religious CongregationReligious Congregation

-Religious congregations -Religious congregations are not generally as are not generally as directly related to dioceses directly related to dioceses as other types of schools.as other types of schools.

-The school may be part of -The school may be part of a juridic person as a juridic person as represented by the represented by the religious congregation.religious congregation.

Varieties of Governance Varieties of Governance StructuresStructures

BoardsBoards

Canon law governs all Canon law governs all aspects of the Catholic aspects of the Catholic school. Thus, Catholic school. Thus, Catholic schools and board schools and board members have no members have no authority to act outside authority to act outside the provisions of Canon the provisions of Canon Law.Law.

BUT, within these provisions, BUT, within these provisions, boards have great freedom boards have great freedom so long as no civil laws are so long as no civil laws are broken.broken.


Consultative BoardsConsultative Boards

These are established by a These are established by a pastor, a religious order, pastor, a religious order, or diocesan policy. Strictly or diocesan policy. Strictly speaking, this type of speaking, this type of board is advisory.board is advisory.

These may be found in parish These may be found in parish and diocesan schools.and diocesan schools.


Boards With Limited Boards With Limited JurisdictionJurisdiction

These are constituted by the These are constituted by the pastor or Brother Visitor pastor or Brother Visitor to govern the education to govern the education program, subject to program, subject to certain decisions, which certain decisions, which are reserved to the pastor are reserved to the pastor or Brother Visitor.or Brother Visitor.

These have more autonomy These have more autonomy than consultative boards than consultative boards because decision-making because decision-making has been delegated to the has been delegated to the board.board.


Boards in Private Schools Boards in Private Schools Owned by Religious Owned by Religious CongregationsCongregations

These boards are usually boards These boards are usually boards of limited jurisdiction. of limited jurisdiction.

These boards, sometimes called These boards, sometimes called two-tiered boards, would two-tiered boards, would relate to the Brother Visitor, relate to the Brother Visitor, who has reserved certain who has reserved certain powers to the congregation.powers to the congregation.

These powers may include These powers may include appointment of head of appointment of head of school, alienation of property, school, alienation of property, changes in by-laws, changes in by-laws, maintaining the Lasallian maintaining the Lasallian mission, capital projects, and mission, capital projects, and assumption of debt. assumption of debt. (This list is not meant to be exhaustive.)(This list is not meant to be exhaustive.)


Boards of Total JurisdictionBoards of Total Jurisdiction

These boards, also known as These boards, also known as corporate boards, are corporate boards, are found in schools founded found in schools founded by a group of lay people, by a group of lay people, or which a religious order or which a religious order had given over had given over responsibility for.responsibility for.

This type of board is often This type of board is often found at Catholic colleges found at Catholic colleges and universities.and universities.

IV. Concluding PointsIV. Concluding Points

1.1. Our schools are Catholic at the core, and Our schools are Catholic at the core, and Lasallian is their charism in the Church.Lasallian is their charism in the Church.

2.2. ““Our schools cannot be both Catholic and Our schools cannot be both Catholic and independent.” If we call ourselves independent.” If we call ourselves independent, we mean we are non-independent, we mean we are non-systemic.”systemic.”

3.3. Once we claim to be Catholic, our Once we claim to be Catholic, our independence is subordinate in several independence is subordinate in several areas to the authority of the Church. Thus areas to the authority of the Church. Thus teachers don’t have “academic freedom.” teachers don’t have “academic freedom.” They teach as They teach as agentsagents of the Church. of the Church.

IV. Concluding PointsIV. Concluding Points

4. Finally, sponsorship is an invitation to the 4. Finally, sponsorship is an invitation to the Church to co-create a future even greater Church to co-create a future even greater than the past; an active, dynamic, creative than the past; an active, dynamic, creative form of collaboration.form of collaboration.

The Lasallian MissionThe Lasallian Mission

Questions or Questions or CommentsComments

U.S./Toronto Region Board Formation. Educational Governance: The Church and Lasallian Ministries...

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