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Belha, Lori D. Baker Paul J. Lugg Elizabeth T. "Compulsory education and educational reform in Iowa." Normal, Ill. Illinois State University, 1997. http://wwwlib.umi.com/cr/ilstu/fullcit?p9819890.
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Thesis (Ed. D.)--Illinois State University, 1997.<br>Title from title page screen, viewed June 13, 2006. Dissertation Committee: Paul Baker, Elizabeth Lugg (co-chairs), Ramesh Chaudhari, Robert Hall. Includes bibliographical references (leaves 71-73) and abstract. Also available in print.
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Wang, Yan, and 王燕. "Paradigm shift of education governance in China: two compulsory education legislation episodes 1986 vs. 2006." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B44352876.
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The thesis addresses the paradigm shift of education governance in China through a study of the policymaking process of two legislation episodes in China: the 1986 Compulsory Education Law and the 2006 Compulsory Education Law Amendment. The research started with two broad initial research questions: how was the Compulsory Education Law made and amended? Why was the Law made and amended? Using ethnographic interviews and documentary analysis as the main research methods, more specific questions on the 1986 and 2006 legislation were later delved into as the research evolved in depth: What were the driving forces behind the 1986 and 2006 legislation? What values of compulsory education were assumed in the central decisions of the 1986 and 2006 legislation? What was the institutional rationale underpinning the 1986 and 2006 legislation?
The data was collected through ethnographic interview with some forty informants involved in the policymaking process. The research findings were analyzed and presented on three levels. First, the findings were presented on the basis of narration analysis. Second, the policymaking process of the legislation was analyzed from three paradigms: agenda-setting, decision-making and organizational behavior. Finally, by examining the results of the previous stages of analysis and further comparing the two cases, the research arrived at a theoretical framework for education governance that embraces three essential elements: political ideology, perceived value of education, and institutional rationale.
The analysis of the two legislation episodes identified that the political ideology, which shifted from efficiency-oriented economic well-being to equity-oriented social cohesion, steered the agenda-setting of the compulsory education legislation. The perceived value of education reflects the role that education plays in development, changing from economic value to social value. The institutional rationale essentially determines strategies by which compulsory education materializes, with a variance from governing by goal and mobilization to governing by accountability and regulation. In conclusion, education governance in China witnessed a paradigm shift from “economic instrumentalism” toward “social rationalism” over the twenty-year period from the mid-1980s to 2006.<br>published_or_final_version<br>Education<br>Doctoral<br>Doctor of Philosophy
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Fisher, Jennifer Lynn. "A hermeneutics approach to studying agenda-setting the postwar education agenda (1945-1998) /." Morgantown, W. Va. : [West Virginia University Libraries], 2000. http://etd.wvu.edu/templates/showETD.cfm?recnum=1760.
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Thesis (Ph. D.)--West Virginia University, 2000.<br>Title from document title page. Document formatted into pages; contains vii, 165 p. : ill. (some col.). Includes abstract. Includes bibliographical references (p. 144-155).
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Peszle, T. L. (Theresa L. ). "Language rights in Québec education : sources of law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.
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This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education.<br>This thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.<br>In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.<br>The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
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Lane, Christopher K. "Measuring the equity of educational funding in New Jersey under the quality education act /." Access Digital Full Text version, 1993. http://pocketknowledge.tc.columbia.edu/home.php/bybib/11543048.
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Thesis (Ed.D.)--Teachers College, Columbia University, 1993.<br>Typescript; issued also on microfilm. Sponsor: Craig Richards. Dissertation Committee: Jonathan Hughes. Includes bibliographical references (leaves 112-118).
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Magone, Michael A. "Education law priorities and need a comparative analysis /." CONNECT TO THIS TITLE ONLINE, 2007. http://etd.lib.umt.edu/theses/available/etd-09262007-112630/.
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SHELL, PAUL RICHARD. "LOCAL IMPLEMENTATION AND INTERPRETATION OF ARIZONA BILINGUAL EDUCATION STATUTES AND POLICIES." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183787.
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The study investigated the degree of compliance of selected Arizona public school districts with a set of state statutes which placed a limit on the amount bilingual education services a district could provide to students. The existing literature on implementation and compliance suggested that several conditions might influence districts to implement programs of instruction which would be at variance with the state laws. The study used questionnaires to gather program data from 40 school districts in southeastern Arizona. These questionnaires were screened to determine those districts offering programs of instructions which exceeded the restrictions of state law. Six such districts were found. Interviews were conducted with program administrators in each district to determine the explanations for noncompliance. An interview was also obtained with an Arizona Department of Education official to determine the role of the state regarding the bilingual statutes. Information obtained from the interviews revealed that several of the programs had been established under federal pressure to provide equal educational opportunity to limited-English-proficient children. These programs had existed long before these state statutes were put into effect in 1981. Data also indicated that the state statutes lacked enforcement mechanisms. The state agency responsible for those programs received no mandate to monitor districts or to enforce state restrictions. Also, this agency was federally-funded with a primary loyalty to federal priorities to keep programs in operation and with a service rather than an enforcement orientation toward local districts. No enforcement of the restrictions found in the 1981 bilingual statutes took place. Furthermore, administrative regulations for the 1981 statutes were formulated which permitted programs of instruction exceeding state limitations to continue. In 1984 new bilingual statutes were put into effect which removed the restrictions of the old statutes. The new statutes are discussed from the historical perspective of the earlier statutes.
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Frantz, Courtney Siler. "An electronic storage and access system for special education legislation." W&M ScholarWorks, 1995. https://scholarworks.wm.edu/etd/1539618425.
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In the field of education, instructional leaders must know the regulations governing the assessment, curriculum, and instruction of all students. An area of special concern is the regulations governing programs for students with disabilities. Although the average population of students with disabilities may represent less than 10% of the total student body, the school administrator is responsible for maintaining access to the most current regulations, for accurately interpreting, and effectively implementing federal and state mandates to ensure that the due process rights of the students with disabilities are upheld. Yet the laws and regulations governing special education programs are continually changing. Having immediate and accurate access to the most current regulations are critical problems for administrators of special education programs.;One means of providing the regulations is the computer. With the use of hypertext-based software, computers are presently and successfully being used in business and medicine for training and reference storage. Therefore, SpeciaLink was developed to serve as a prototypical system for the delivery of the regulations governing special education programs.;To evaluate SpeciaLink, an experiment was conducted to test the effectiveness and efficiency of manipulating and extracting the stored regulations. A controlled experiment involving the use of hypertext programming was conducted in Virginia school districts. The research project used a random sample of secondary school administrators from 15 school districts. The sample frame participants were given a survey to identify their knowledge of the Virginia Regulations Governing Special Education Programs for Children with Disabilities, 1994. For a trial period of two months, the experimental group was given the software, SpeciaLink, that allowed them to electronically access the regulations. After the trial, the entire sample frame was re-surveyed.;Following the pilot program, statistical interpretation of the results revealed that a hypertext-based system is an effective and efficient tool for manipulating and extracting information from the regulations governing special education programs. Because the hypertext-based software promises to be so useful in special education, future research should examine the possibilities of expanding the use of electronically storing local mandates and court litigation that pertain to special education programming.
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Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.
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This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.
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Daniel, Benjamin L. "No Child Left Behind and its communication effectiveness in diverse communities /." Full text available online, 2005. http://www.lib.rowan.edu/home/research/articles/rowan_theses.
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Wilson, Douglas. "ROP instructors' perceptions of California Education Code section 44910." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/965.
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.
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Robertson, Richard G. Lugg Elizabeth T. "An analysis of the evolution of compulsory education and its potential impact on home schooling in Illinois." Normal, Ill. Illinois State University, 2001. http://wwwlib.umi.com/cr/ilstu/fullcit?p3064499.
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Thesis (Ed. D.)--Illinois State University, 2001.<br>Title from title page screen, viewed March 17, 2006. Dissertation Committee: Elizabeth Lugg (chair), Diane Ashby, Paul Baker, Rand Burnette. Includes bibliographical references (leaves 83-85) and abstract. Also available in print.
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Deng, Huiwen, and 邓汇文. "Understanding new governance in China: a casestudy of the 2006 revision of the compulsory education law of thePeople's Republic of China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50899739.
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This thesis examines the ways in which the role of the National People’s Congress (NPC) has evolved within the political system of the People’s Republic of China (PRC), as well as the implications for the formulation and deliberation of educational policy. This research reported herein compared the revision of the PRC’s Compulsory Education Law, which the National People’s Congress’ Standing Committee (NPCSC) adopted in 2006, with the Compulsory Education Law adopted in 1986, with special reference to the education finance issues underlying the country’s compulsory education provisions. Underlying this research is an attempt to identify and understand new governance emerging in China.
The findings of a careful study of documents and data obtained from in-depth interviews suggest that the NPC played a qualitatively different role in the 2006 revision of the Compulsory Education Law than in the original. First, in this revision, where necessary, the NPCSC and its working committees provided a legal platform that was used for negotiation, bargaining, and compromise among ministries of the Central People’s Government and local people’s governments. Second, the NPC was used as a way to hold the latter accountable to the former on this particular issue. Third, through the platform provided by the NPCSC and its working committees, the NPC became a key actor in deliberating on, formulating, and monitoring the finance-related policies in the 2006 revision. In the aggregate, as this thesis argues, this constitutes a fundamentally different legal approach to formulating these policies. The emphasis is now placed on legally and mutually binding agreements between the Central and local people’s governments, and hence on the implementability (可操作性) of finance-related policies based on a clear division of responsibility among the parties concerned. This change in legal approach would render a different model of policy implementation and monitoring, with a relative tightening of control by both the State Council (SC) and the NPC over local administrations’ power to organize and administer China’s educational system.
Based on the findings presented in Chapters five and six, this research refined a new institutional approach to depicting policy-making in contemporary China. As the Chinese polity becomes more complex, the dynamic relationship between the NPC and the SC must be redefined in light of changes in the distribution of decision-making power between the two. It is argued in this thesis that the NPC’s substantial involvement in the relationship between the Central and local people’s governments not only indicates changes in the dynamics of the institutional relationship among the central legislature and the Central and local people’s governments, but also reflects changes in the modality of governance adopted by the Chinese Communist Party. Finally, this thesis argues that regulation-oriented concept of governance, rather than a general concept of governance initially developed in the West, may offer a better understanding of new governance emerging in China.<br>published_or_final_version<br>Education<br>Doctoral<br>Doctor of Philosophy
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Silverman, Elizabeth A. "Sex Education in California: The Disconnect between Legislation and Implementation." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/384.
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This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.
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Dikranian, Harry. "The development of private education legislation in the province of Québec." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22579.
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One of the unique aspects of education in Quebec is a strong private sector. It is well rooted in the province's history and tradition. This study offers a preliminary examination into the historical development of policies in the area of private education in Quebec.<br>The first two pieces of legislation governing private schools provided subsidies of 100% at par with the public sector. These early laws were repealed and replaced by the Act respecting Private Education.<br>In August 1991, the government proposed a new and comprehensive piece of legislation. Following the first reading of this Bill a parliamentary commission was established to study the proposed law. Over 15 groups expressed their reactions in briefs to this commission. The Bill was harshly criticized by those opposed to public funding of private schools. It was also criticized by those in favor of the private sector. Given the negative reactions from groups opposed and groups in favor, government ministers decided that the Bill must be changed. (Abstract shortened by UMI.)
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Chattip, Suwannachin Riegle Rodney P. "Planning for a learning organization in a private vocational school in Thailand." Normal, Ill. Illinois State University, 2002. http://wwwlib.umi.com/cr/ilstu/fullcit?p3064541.
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Thesis (Ph. D.)--Illinois State University, 2002.<br>Title from title page screen, viewed February 9, 2006. Dissertation Committee: Rodney P. Riegle (chair), Barbara Heyl, Paul J. Baker, Dianne E. Ashby. Includes bibliographical references (leaves 155-157) and abstract. Also available in print.
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Fish, Elizabeth L. "Teachers' perception of effective staff development /." free to MU campus, to others for purchase, 1996. http://wwwlib.umi.com/cr/mo/fullcit?p9737884.
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Hill, Deena Clair Beckner Weldon. "Special education due process hearings involving students with autism." Waco, Tex. : Baylor University, 2007. http://hdl.handle.net/2104/5060.
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Bastion, Arlene. "The right of prisoners to education." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27658.
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Punishment is an acknowledged method of enforcing the law. Forms of punishment may differ, but the main aims remain the same—first, to discourage transgression of the law, thus maintaining order in society. Second, it is hoped, by some at least, that prisoners will be reformed by or during their punishment.
This dissertation raises questions about the status and legal rights of individuals who are subject to the dominant form of punishment in Canada—incarceration. The questions are: Can prisoners continue to be regarded as persons and right-holders during incarceration? Can prisoners, then, have a right to education? If so, should such a right be made a legal right? The answer one gives to these questions clearly has important bearings on the status of prisoners during their incarceration.
It is argued that prisoners retain their status as persons while incarcerated, that they do have rights, in particular the right to education, and that such a right should be made a legal right. Justice dictates that only relevant differences or just cause can provide acceptable justification for withholding rights from prisoners. That punishment is being inflicted on certain persons does not offer/provide adequate grounds for denying their right to education. Indeed, a legal right to education is warranted to ensure their access to education.
Thus, the first proposition is that apart from the loss of rights necessary to protect society and the prison, and in order to fulfil the criteria of punishment, prisoners continue to hold rights held by other persons, in particular the right to education. This position is defended by considering arguments that prisoners have a moral right to education. These are:
1. The Argument from Incarceration
2. The Argument from The Effects of Punishment
3. The Argument from Punishment of Persons
4. The Argument from Fraternal Obligation
5. The Argument from Social Effects
6. The Argument from Benefits to the Collective
7. The Argument from Equality
The second proposition that this right ought to be made a legal right rests essentially on three premises:
1. That education can contribute to the successful achievement of the goals of incarceration.
2. However, education is not considered a priority.
3. As it now stands, there is no effective way to enforce and sustain education in prisons.
With a legal right to education, prisoners would have some basis for objecting to inadequate educational facilities and opportunities. A legal right would safeguard fair treatment and ensure equal opportunities to education.<br>Education, Faculty of<br>Educational Studies (EDST), Department of<br>Graduate
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Pillay, Neelan. "Teachers’ knowledge of legislation and education law specifically and its influence on their practice." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/43224.
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This study argues that education law is of paramount importance in order to be a successful
teacher in our democracy where human rights of all stakeholders are protected and as such
remains the responsibility of government to ensure that all new teachers are trained in the
field of education law.
This dissertation reports to the significance the participants attach to education law and to
their attitudes and their practice in schools. It continues to answer the question whether
knowing the legal rules is in fact changing the game on ground level. There are differing
perspectives on the exact essence of education law; however, there seems to be consensus
in the literature that the fundamental function of education law is to regulate the rights
and obligations of the interested parties in order to make the school conducive for teaching
and learning. The education law functionally contributes to the creation of harmonizing
relationships and ensuring co-operation amongst all stakeholders. Education law therefore
creates a clear framework for the professional role of teachers. The law defines the border
of the playfield and actions at stake in the education sector. Education law as module in Higher Education programmes deals with issues that pertain
directly to the teaching profession. These include inter alia governance, the Bill of Rights,
instructions/regulations, limitations, application of legal principles and expectations
regarding the teacher as an employee. It deals with legal applications and the legal
balancing of human rights in educational practice. As a result, it is assumed that teachers
may feel somewhat overwhelmed by the content of an education law module and its
associated outcomes. This dissertation will therefore also deal with the ability of teachers
to understand and apply the values that underpin the Constitution of the Republic of South
Africa. Education should lead young citizens towards occupying their place in a democratic
society based on human dignity, equality and freedom. The dissertation argues that
insufficient knowledge of education law is impacting negatively on a culture of human
rights application in our school system which results that the school system is unsuccessful
and do not fulfil its obligations in a democracy. This may result in the DoBE being held accountable for not empowering teachers to develop our young citizens to fulfil their place
in our democracy.
In light of the impact of education law, this dissertation is essentially divided into three
sections:
The first section provides an overview of the issues and challenges of teachers
who have had no formal exposure to education law;
The second section focuses on the impact on teachers who have studied
education law as part of their teaching qualification, and
The third section seeks to offer policy recommendations as remedy, inter alia to
include education law as part of all teachers’ training curricula in South Africa.
The legal remedies that this dissertation advocates is that Government should take on their
legal responsibilities towards its employees without turning a blind eye on the value crisis
in our country. Government is accountable to ensure that each teacher is skilled and have
the competencies to apply legal principles and human rights to instil a culture of human
rights that is conducive for teaching in our school system.<br>Dissertation (MEd)--University of Pretoria, 2014.<br>lk2014<br>Education Management and Policy Studies<br>MEd<br>unrestricted
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Adams, Anton John. "The education sector as an essential service." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1573.
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Because of the impact of teacher strikes on education there has been a call to declare the teacher‟s profession an essential service and thus prohibit them from striking. This call was made by the Democratic Alliance (DA). The Democratic Alliance arguments in their application to the Essential Services Committee was based on the fact that education in South Africa is in a crisis and the life-altering inconvenience this caused for children. The combined teacher unions in the Education Labour Relations Council (ELRC) expressed their concerns over the DA‟s call for education to be declared an Essential Service. The Bill of Rights grants every employee the fundamental right to strike. This is an absolute and should always be exercised under certain controlled conditions, as stipulated by the Labour Relations Act 66 of 1995. Convention 87 of the International Labour Organising (ILO) recognises the right of trade unions, as an organisation of workers set up to further and defend their interest (Article 10), to formulate their programs and organise their activities (Article 3); this means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interest of their members. This constitutes the position that the right to strike is one of the legitimate and indeed essential means available to workers for furthering and defending their occupational interest. Balanced against the right of every teacher to strike is the right of everyone to have a basic education as set out in section 29 of the Constitution. In terms of section 29(1)(a) everyone has a right, enforceable against the state, to basic education. This creates a strong positive right. Aspects of the right to education are found in human rights treaties and declarations. This right to education is contained in article 26 of the Universal Declaration of Human Rights (1948) which states that “everyone has the right to education”. The International Covenant of Economic, Social and Cultural v Rights of 1966 covers the right to education comprehensively, especially article 13 and 14. In 1989 the Convention on the Rights of the Child further confirmed this right. The right to a basic education is further enhanced by section 28(2) of the Constitution “(a) child‟s best interest is of paramount importance in every matter concerning the child”. It is significant to note that in 2007 the Constitutional Court elevated the “best interest” principle to a right. This implies that the best interest of the child would be the decisive factor in each matter that affects the child. In deciding to declare the teaching profession as an essential service constitutional rights must be balanced. These are the right to strike, the right to a basic education and the best interest of the child principle.
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Alazmi, Ayeshah Ahmed. "Education-Related Laws from the Perspective of Kuwaiti Official Influencers: An Exploratory Study." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/82957.
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This study seeks to explore and describe education-related laws in Kuwait with respect to the broader context of educational law. Employing a methodical, qualitative approach, data were collected using semi-structured interviews with twelve Kuwaiti official influencers that included parliamentary members, ex-Minsters of Education, and directors of general education. Interviews were conducted to generate insights regarding the nature and extent of the existing education- related laws in Kuwait. In addition, the interviews delved into the process surrounding the formation and implementation of education-related laws, and the influences that can affect them. Lastly, data from the interviews identified areas for improvement in Kuwait's education-related law.
During the interview process, measures were taken to ascertain the credibility and dependability of the results obtained. Data were analyzed and validated using thematic analysis for reduction and identification of essential themes. Five main themes emerged from the data analysis: (a) the characteristics of education-related laws; (b) the problems in forming education- related laws; (c) the obstacles hindering implementation of education-related laws; (d) the strong influence of actors on education-related laws; and (c) the need for more effective education- related laws. For each theme two sub-categories were also developed.
The findings of this study demonstrate that education-related laws play a vital role in structuring, and the monitoring of, the educational system in Kuwait. Moreover, findings illustrate the absence of, and critical need for, an authority to evaluate existing education-related laws. In addition, the lack of stakeholder participation, or the influence of scientific research, in creating education policy became evident. The analysis of the research data determined that actors, both official and unofficial, affecting education-related laws included legislators, Ministers of Education, the judiciary, local and international professional association representatives, parents, and the media. Furthermore, there is evidence suggests that policymakers must become more aware of the important role stakeholders should play in the formation of education-related laws and the need for building capacity to develop, implement and evaluate education-related laws. In addition, findings show the need for new education- related laws to ensure that teacher, student, and parent rights are protected. Perhaps most importantly, this study reveals the necessity for the State to create a long-term strategic vision regarding education policy that is free from the whims of the Minister of Education, to provide continuity and stability in the growth of the Kuwaiti educational system.<br>Ph. D.
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SCHONEMAN, TRUDY ANNE. "RELATED SERVICE PROVISIONS OF PUBLIC LAW 94-142: ISSUES AND RULINGS (PL94-142)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/188098.
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The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.
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Popejoy, Amy Lynnette. "Digital and multimedia forensics justified| An appraisal on professional policy and legislation." Thesis, University of Colorado at Denver, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1598313.
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<p>Recent progress in professional policy and legislation at the federal level in the field of forensic science constructs a transformation of new outcomes for future experts. An exploratory and descriptive qualitative methodology was used to critique and examine Digital and Multimedia Science (DMS) as a justified forensic discipline. Chapter I summarizes Recommendations 1, 2, and 10 of the National Academy of Sciences (NAS) Report 2009 regarding disparities and challenges facing the forensic science community. Chapter I also delivers the overall foundation and framework of this thesis, specifically how it relates to DMS. Chapter II expands on Recommendation 1: “<i>The Promotion and Development of Forensic Science</i>,” and focuses chronologically on professional policy and legislative advances through 2014. Chapter III addresses Recommendation 2: “<i>The Standardization of Terminology in Reporting and Testimony</i>,” and the issues of legal language and terminology, model laboratory reports, and expert testimony concerning DMS case law. Chapter IV analyzes Recommendation 10: “<i>Insufficient Education and Training</i>,” identifying legal awareness for the digital and multimedia examiner to understand the role of the expert witness, the attorney, the judge and the admission of forensic science evidence in litigation in our criminal justice system. Finally, Chapter V studies three DME specific laboratories at the Texas state, county, and city level, concentrating on current practice and procedure. </p>
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Gates, Justin J. "A Legislative and Judicial Analysis of Individualized Education Program Related Services." Kent State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=kent1414597212.
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Westmoreland, James Larry. "A Study of Educational Reform Legislation, Extracurricular Activities, and No-Pass, No-Play in Texas House Bill 72." Thesis, University of North Texas, 1988. https://digital.library.unt.edu/ark:/67531/metadc330761/.
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The problem of the study was to ascertain the perceptions of high school personnel and students regarding the effectiveness and implementation of the educational reforms and the No-Pass, No-Play section in Texas House Bill 72 and compare them to changes in reported student academic performances. Questionnaires were mailed to a stratified random sample of fifteen high schools in Texas. Six persons were asked to respond at each school. The sample consisted of ninety participants. In addition, each school provided forty student grade profiles, twenty from 1984 and twenty from 1986. The instrument, "Questionnaire on Texas Educational Reform Legislation, Extracurricular Activities and No-Pass, No-Play," had eighteen questions. Questions one and two provided demographic data for the study. Questions three through eighteen assessed the perceptions of high school personnel and students regarding educational reforms and the "No-Pass, No-Play" rules. Hypotheses one through four used chi-square Tests of Independence to determine the significance among variables. Hypothesis five used a t value to measure the comparison of the grade-point averages from 1984 and 1986. Hypothesis six compared the result of hypothesis five and a z value generated from a comparison of a percentage of participant responses and the neutral value. The findings were that of 120 chi-square calculations only ten showed significance for 8.3 percent of the total. There were no significant differences found among the variables regarding the questions asked. There was a significant difference in what study participants thought about students' achievement and the actual differences in the student grade-point averages. A major conclusion was that the participants believed that students were achieving more academically since Texas House Bill 72 and "No-Pass, No-Play." In summary there were six findings, eleven conclusions, seven general recommendations, eight specific recommendations and six recommendations for further study reported as a result of this research.
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Barcus, Paul E. "Selecting the most qualified teacher applicant utilizing West Virginia code #18A-4-7a." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=522.
Full textAbstract:
Thesis (Ed. D.)--West Virginia University, 1999.<br>Title from document title page. Document formatted into pages; contains vii, 172 p. Vita. Includes abstract. Includes bibliographical references (p. 138-155).
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Resmann, Brittany L. "No child left behind? the relationship between education policy and student success /." Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002607.
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Ogle, Geraldine S. "Historical review of financial equity in Missouri 1993 foundation formula and amendments /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4660.
Full textAbstract:
Thesis (Ed. D.)--University of Missouri-Columbia, 2007.<br>The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 12, 2007) Vita. Includes bibliographical references.
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Johnson, Taylon M. "Autism Policy: State and National Legislation Analysis." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/278.
Full textAbstract:
This research thesis is a policy assessment of the factors that contribute to the current status in treating autism. The policy assessment begins with a description of the key components that that influence policy outcomes in regard to autism.
After developing a policy model that outlines various components of issues and approaches to the policy has on Autism, the paper examines several issues with regard to Autism policy, including the lack of insurance coverage, state legislation, waiting lists, evidence vs. non evidence treatments, and the high price for treatments. The paper also examines current approaches to Autism, and potential solutions. Solution analysis on current policy alternatives is provided and, this suggests that increasing knowledge and awareness of the affects of autism on society needs further attention along with proper funding for early treatment.
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DeSander, Marguerita Kalekas. "Tenured teacher dismissal for incompetence and the law: A study of state legislation and judicial decisions, 1983--2003." W&M ScholarWorks, 2005. https://scholarworks.wm.edu/etd/1550154049.
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Dumminger, James C. "Virginia teachers and school law." Diss., Virginia Polytechnic Institute and State University, 1989. http://hdl.handle.net/10919/54348.
Full textAbstract:
This study sought to assess the level of school law knowledge possessed by Virginia public school teachers in the areas of tort liability, the teacher and his/her employment, and legal responsibilities regarding students. This knowledge was studied as it related to the type and recency of school law training, membership and activity in professional teachers' associations, the highest degree obtained, the grade level taught, the type of degree obtained (education/not-education), and the number of years of teaching experience.
A questionnaire was developed to collect demographic information and to assess the level of knowledge possessed by Virginia teachers. A 30 item test, consisting of 15 true-false and 15 multiple choice questions, was sent to 401 teachers throughout Virginia. Of the 401 questionnaires sent, 314 or 78.3% were returned.
The average total score on the test was 41.08%.The means for the subareas were as follows: tort liability was 24.7%, the teacher and his/her rights was 43.7%, and legal responsibilities regarding students was 54.8%.
Analysis of variance or t-tests were used as appropriate to see if a relationship existed between knowledge of school law and each of the demographic variables. A significant difference was indicated at the .05 level or better between knowledge of school law and each of the following variables:
1. school law training,
2. grade level taught,
3. whether the undergraduate degree was earned in education or not.
A significant difference was not indicated between knowledge of school law and any of the other demographic variables.
As reported earlier the average percent correct on the test was 41.08% which is lower than the lowest score of any of the Virginia principals studied by Caldwell. This level of knowledge was considered adequate or average; therefore, the level of knowledge of school law possessed by teachers in Virginia is less than adequate.<br>Ed. D.
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Sakati, Zukiswa. "Teachers' views regarding the influence of quintile-based school categorisation on the culture of teaching and learning in no fee schools." Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/4981.
Full textAbstract:
The main aim of the study is to determine the views of teachers in the East London district on the influence of quintile-based school categorization on the culture of teaching and learning in No Fee Schools (NFS). The study is motivated by the high rate of underperformance registered by the NFS despite the huge amount of support and intervention directed to them. The study is located in the interpretive paradigm and hence used, was a qualitative approach and case study design. Purposive sampling technique was followed to identify participants. Twelve (12) teachers from three research sites, which are NFS, participated in the study. Data was gathered through observations, document analysis and one-on-one semi-structured interviews, respectively. In each school, a principal, a School Management Team (SMT) member and two Grade 12 teachers were interviewed as participants in order to enrich the study. The study is underpinned by the Social Identity Theory (SIT) which is guided by the pursuit of evaluative positive social identity through positive intergroup distinctiveness, which is, in turn, motivated by the need for positive self-esteem (Tafjel & Tunner in 1979). Thus, according to Hogg (2006), social identity is motivated by self-enhancement and uncertainty reduction, which causes groups to strive to be both better than and distinct from other groups. This theory afforded the researcher the opportunity to understand how teachers’ personal identity and professional identities are influenced by the categorisation status of their schools as well as by their associates. This study revealed that the no fee categorisation status seems to affect the teacher identity and their professional identities which in turn appears to affect the culture of teaching and learning in NFS. This is indicated by data that some of the teachers in NFS seem to be in denial or feel rejected whilst some are proud and embracing teaching in these disadvantaged schools. The study further reveals inadequacy of the funding systems to address lack of resources in NFS means teaches have to provide for these in one way or another. One of the main findings of this study is that various strategies used by the NFS in trying to enhance the culture of teaching and learning in their schools produces differentiated results depending on teacher’s attitudes, commitment, determination and hard work. The study also reveals that teachers from the same communities as the schools in which they work are more dedicated and willing to go an extra mile to plough back. In addition to this, teachers from similar environments seem to be driven by their backgrounds to help and support destitute learners. Amongst the strategies used in schools, matric revision camp, cell phone policy and parenting of learners by teachers are the most effective in terms of enhancing culture of teaching and learning thereby improving matric results. Moreover, the study further divulges that some of the teachers in NFS are committed, motivated and hardworking despite the contextual factors found in these schools. Furthermore, learners in these schools tend to mirror their teacher’s positive attitudes, hard work and determination towards their work which in turn they apply in their own studies. The study concludes with the findings that the teachers in underperforming NFS have to prove their worth to their associates in affluent schools or high performing NFS. Structural committees used at school levels have a positive contribution in the effective implementation of the intervention and support programs directed at NFS.
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Heath, John Lionel Potgieter. "An investigation into the present system of orientation for pupils entering high school under the jurisdiction of the Cape Education Department, leading to an orientation programme." Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1004769.
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Loliwe, Fezeka Sister. "Workplace discipline in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020091.
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Discipline is crucial in the provision of quality public service work. This is because most citizens are serviced through the public service work. Adhering to rules and orders, exercise of self control and the ability to put needs of others over one’s own needs are fundamental aspects of discipline. Every workplace has its own pieces of legislation that are used as a guide on expected conduct as well as a tool to deal with failure to adhere to the outlined pieces of legislation governing the conduct in the workplace. There are institutions in place that deal with the crafting of the pieces of legislation which clearly outline the manner in which both the employer and employee should conduct themselves as well as rights of both parties as they interact in the employment relationship. The existing pieces of legislation as well as their implementation and relevance in this era needs to be closely scrutinised and critique with proposals within the prescripts of legislation is necessary as some pieces of legislation seem to be conclusive, thereby undermining procedures followed when dealing with cases of misconduct. In any disciplinary process, the sanction should be in line with the process as it has unfolded and not be influenced by how a piece of legislation is crafted. The Public Service Act, Employment of Educators’ Act and the Labour Relations Act 66 of 1995 are key statutes in dealing with discipline in public education. Sanctions for misconduct are dependent on the gravity of the misconduct. In order to discipline educators, sections 17 and 18 of the Employment of Educators Act are used as guides on processes and procedures to be followed.
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O'Neal, Barbara Jean. "Title VII : sex discrimination in higher education /." Diss., This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-10022007-144508/.
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Guy, Robert L. Holsinger M. Paul. "Religious expression in public education." Normal, Ill. Illinois State University, 2001. http://wwwlib.umi.com/cr/ilstu/fullcit?p3006619.
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Thesis (D.A.)--Illinois State University, 2001.<br>Title from title page screen, viewed April 25, 2006. Dissertation Committee: M. Paul Holsinger (chair), Moody Simms, John Freed. Includes bibliographical references (leaves 161-167) and abstract. Also available in print.
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Harrison, Gary L. McNeal Larry. "An analysis of the dismissal of tenured teachers under Article 24A of Illinois Public Acts 84-126 and 84-972 evaluation of certified employees /." Normal, Ill. Illinois State University, 1998. http://wwwlib.umi.com/cr/ilstu/fullcit?p9835905.
Full textAbstract:
Thesis (Ed. D.)--Illinois State University, 1998.<br>Title from title page screen, viewed July 3, 2006. Dissertation Committee: Larry McNeal (chair), Elizabeth Lugg, David Blacker, Donald Hackmann, R. Craig Whitlock. Includes bibliographical references (leaves 157-163) and abstract. Also available in print.
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Gelandt, Jacobus Johannes. "Opvoeders in landelike skole se kennis van onbillike arbeidspraktyke." Thesis, Cape Peninsula University of Technology, 2009. http://hdl.handle.net/20.500.11838/1855.
Full textAbstract:
Thesis (MTech (Education))--Cape Peninsula University of Technology, 2009<br>The purpose of this study was to determine the post level I CS-educators' knowledge of their
rights and duties in respect of unfair labour practice. The specific aim was to determine
educators' knowledge of unfair labour practices in terms of the literature study.
The method of research was based on interviews with post level I CS-educators in rural
primary schools. The interviews consisted of structured questions of which the format as well
as the order was determined beforehand. No coaching was given to respondents because it
may have compromised their answers.
The sample consists often educators (five males and five females) who teach in rural schools.
In this way a fair opportunity was granted to both groups to be included in the sample. The
researcher is of the opinion that this is a reasonable representation of the total sub population.
From the empirical research it was evident that educators in rural schools had a vague knowledge
of unfair labour practices. Shortcomings that were apparent from this study was
addressed, recommendations were made, as well as possible future research on related topics
was discussed.
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Mpati, Lungisa. "Termination of employment contract by operation of law in the education sector: the constitutionality and validity of the deeming provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1600.
Full textAbstract:
Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of the Constitution provides that “Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) is designed to give effect to just administrative action. Section 1 and 3 of the Labour Relations Act,1995(Act 66 of 1995)(LRA) require compliance with Article 7 and 8 of the ILO Convention 158 of 1982, when the employment of a worker has been terminated by his or her employer. The LRA protects employees against unfair dismissal. In the Department of Education, Section 14(1)(a) of the Employment of Educators Act, 1998 provides for the discharge of an educator in the event that he or she absents himself or herself from work for a period exceeding 14 consecutive days without the permission of the employer. A similar provision, Section 17(5)(a)(i) of the Public Service Act, 1994 provides for the discharge of an officer other than an educator who absents himself or herself from his or her official duties without the permission of the Head of Department for a period exceeding one calendar month. Section 14(2) of the Employment of Educators Act, 1998 and 17(5)(b) of the Public Service Act,1994 afford an employee who has been deemed discharged to show good cause why he or she should be reinstated. Against this background, the critical legal question is the constitutionality of the deeming provisions. The study will examine the validity of these provisions in relation to the ILO Conventions, Constitution, LRA and PAJA.
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Kienas, Kenneth L. "A comparison of the efficiency and effectiveness of two models for determining the cost of special education programs." Diss., Virginia Polytechnic Institute and State University, 1986. http://hdl.handle.net/10919/49809.
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McCall, Venitta Claudia. "An analysis of the legal rights and responsibilities of Virginia public school educators." Diss., This resource online, 1994. http://scholar.lib.vt.edu/theses/available/etd-06062008-145010/.
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Smith, William J. 1947. "Equal educational opportunity for students with disabilities in Canada." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41182.
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The purpose of this inquiry was to conduct a comparative analysis of the legislative action taken by the government of each Canadian province and territory, as of December 31, 1992, with respect to the provision of equal educational opportunity for students with disabilities. The methodology consisted of a form of qualitative content analysis of the relevant legislative action, validated by provincial representatives, complemented by a study of relevant case-law. The analytical framework comprised 60 items grouped around five types of rights: non-discrimination, access, identification/placement, service delivery and parental participation. Overall, four jurisdictions, the Yukon, followed by Ontario, Quebec and Saskatchewan, were found to provide for a significant level of rights. Newfoundland, Prince Edward Island, Nova Scotia and the Northwest Territories were found to provide for the lowest level of overall rights. Equality rights and access received the highest ratings across all jurisdictions, while parental participation, service delivery and identification/placement were rated lowest. Extensive references and key extracts from all legislation analyzed are included.
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Zyskind, Ari. "The Politics of Physical Education Reform." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/402.
Full textAbstract:
The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota v. Dole. Examples of recent physical education bills, most specifically the FIT Kids Act, are briefly analyzed for effectiveness and likeliness of enactment. Lastly, the determination is made that federal legislation has failed because of the view that physical education is not a "core" subject, preventing programs from receiving Title I and Title II funding. The findings are useful in light of the numerous attempts to get children physically active.
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Ndayi, Zoliswa B. "A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/8133.
Full textAbstract:
Magister Legum - LLM<br>The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide guidelines to interpreting this right.2 Among these instruments, for example, the International Covenant on Social, Economic and Cultural Rights (hereafter referred to as ‘the ICESCR’) and the African Charter on Human and People’s Rights (hereafter referred to as ‘the ACHPR’) implore member states to ensure that every child within their jurisdiction is able to gain access to education.3 The ICESCR acknowledges that basic education as a socio-economic right is realisable overtime, its full realisation dependent on the availability of state resources.4 Furthermore, the state is required to ensure that ‘scientific and technical knowledge’ is made accessible, thus incorporating modern teaching and learning methods.5 In addition, the state is called to ensure that the quality of their education is acceptable and of a similar standard in all of their public schools.6 Moreover, the Convention on the Rights of the Child (hereafter referred to as the ‘CRC) and the African Charter on the Rights and Welfare of the Child (hereafter referred to as the ‘ACRWC’) require the state to take measures that will encourage learners to attend school regularly and thus reduce the dropout rates.7 These instruments lay down normative standards, giving guidance on the content of the right to basic education, i.e. defining what availability, accessibility, acceptability, and the adaptability (4As) means within the broader context of the right to basic education.
The right to a basic education, in theory is immediately realisable; however in practice, it can be argued that it is being treated like other socio-economic rights, subjected to the principle of progressive realisation.8 This right, unlike other socio-economic rights in South Africa, is sui generis, it has no internal qualifiers, meaning that it can only be limited in terms of a law of general application that is reasonable and justifiable in an open and democratic society founded on human dignity, freedom and equality.9As a party to most of the above instruments, the post-apartheid government of South Africa through its Constitution10, has entrenched the right to basic education under section 29(1)(a). Through this constitutional recognition, numerous legislation and policy documents have been enacted, which directly deal with the implementation of this right.11 Accordingly, the following selected legal instruments have been essential tools used to assist the relevant stakeholders with defining and implementing the right to a basic education , not just at the national level but also provincially.12 These instruments are the South African Schools Act,13 National Education Policy Act14 and the Employment of Educators Act,15 which are the main statutes on basic education. In addition, the Eastern Cape Schools Education Act,16 Promotion of Equality and Prevention of Unfair Discrimination Act,17 Children's Act,18 Criminal Law (Sexual Offences and Related Matters) Amendment Act,19 Criminal Procedure Act and the Refugees Act,20 which shall be discussed in detail in chapter 4 of the study When assessing the availability, accessibility, and the acceptability of basic education resources in the Eastern Cape (hereafter referred to as ‘the EC’), the province appears to be lagging when compared to some of the other provinces. For instance, the National Education Infrastructure Management System Report (hereafter referred to as ‘NEIMSR’) stated that out of the 5393 schools audited from the EC, 1945 of these schools had pits and 37 had no sanitation facilities21. In addition, 92.99% of the 5393 schools in the province do not have libraries and 4.21 % of the schools recorded have adequately resourced libraries.22 This is to be contrasted to 63.24% schools that have libraries in Gauteng.23 In addition, the illiteracy rate in the province is estimated at 10, 4% when compared to other provinces, which is against the background that the province has experienced a decline in learner enrolment over the last few years.
47
Robinett, Melinda Kathleen. "Special education due process hearings : state differences /." Diss., This resource online, 1993. http://scholar.lib.vt.edu/theses/available/etd-06062008-165959/.
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Call, Ian. "Secondary pre-service teachers' knowledge and confidence in dealing with students' First Amendment rights in the classroom." [Tampa, Fla.] : University of South Florida, 2008. http://purl.fcla.edu/usf/dc/et/SFE0002339.
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Meyer, Jaime Paul. "An Analysis of the Arguments Used in the Home School Issue." Thesis, North Dakota State University, 1988. https://hdl.handle.net/10365/27618.
Full textAbstract:
"An Analysis of the Arguments Used in the Home School Issue," by Jaime P. Meyer is a study employing a twelve point method of analysis taken from the work of Ch. Perselman and L. Olbrechts-Tyteca. This study sought to answer the question: Are the values in the arguments of those for or against conditional home schooling in North Dakota consistent with the values underlying the laws of the state? Chapter I established the nature of the study. Chapter II provided a review of the literature concerning home schooling in North Dakota. Chapter III identified the similarities of the values in the arguments stated by those for conditional home schooling and the laws of the state. Chapter IV noted the dissimilarities of the values in the arguments stated by those against conditional home schooling and the laws of the state. Chapter V concluded that the values in the arguments of those for conditional home schooling are more consistent with the values underlying the laws of North Dakota than the values in the arguments of those against conditional home schooling.
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Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.
Full textAbstract:
The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.