Journal articles on the topic 'Public school closings – Law and legislation'

Scientific life at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, which will celebrate its 90th anniversary in 2015, is developing in various ways. Special place is occupied by scientific schools — sustainable community of scientists, developing concepts’ principles and systems, legal regulation mechanisms that ensure consistency and continuity of scientific research results. This article examines the impact of scientific analysis of foreign law and acts of international law on the development of the administrative law science at different development stages of one of the Institute’s oldest scientific schools — the School of Administrative Law. The article demonstrates the possibility of perception of positive scientific results, ideas, views and positions of leading scientists of the School through theory and practice of modern public administration in the process of finding legal solutions for regulation of new phenomena that require streamlining.

The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

Purpose – The purpose of this paper is to examine the leadership practice of an 11-member district team of educators assembled to respond to one of the most comprehensive bullying laws in the nation – the Massachusetts Anti-Bullying Law of 2010. This three-year case study provides school leaders and legislators with an in-depth, fine-grained analysis of how leadership was practiced by a district team of de facto leaders charged with implementing mandatory legislative policy throughout a six-school, 5,000-student, K-12 public school district. Design/methodology/approach – This three-year case study employed an analytical, distributed leadership framework to identify, categorize, and analyze key artifacts used by a team to design and implement system-wide the comprehensive requirements of legislation. Using Weft qualitative data analysis software and the open, axial, and selective coding guidelines of Strauss and Corbin, data from semi-structured interviews and document analysis revealed a number of hidden structural considerations exerting significant influence on the leadership practice of the team. Findings – Findings from this study suggest that leadership is perhaps more fluid than previously theorized. Defining leadership as a force that moves between and among organizational stakeholders (as opposed to a person or position), this study identified a number of structural considerations exerting influence on the leadership practice of a team. Furthermore, this study suggests that foreknowledge of these structural considerations may help to foster organizational learning, to leverage preexisting social and intellectual capital, and to more successfully navigate the requirements of complex organizational change such as legislative mandates and standards-based reform. Research limitations/implications – Because of the chosen research approach, the research results may lack generalizability. Therefore, researchers are encouraged to replicate this study in other school districts or large organizations who are responding to state or federal legislation. Practical implications – The paper includes implications for state and local educational leaders as they struggle with the increased demands of standards-based educational reform. Social implications – This study has implications for those seeking to understand how legislation is received and assimilated by schools as well as those seeking a greater understanding of formal and informal leadership. Originality/value – This paper fulfills an identified need to study how leadership is practiced in response to standards-based state and federal legislation.

This article focuses on the establishment and development of the scientific school of international law in the Institute of Legislation and Comparative Law under the Government of the Russian Federation. It is stated that the preconditions for the formation of the scientific school of international law dated back to the first half of the twentieth century. In this case, briefly reviewed the scientific legacy of the prominent members of the scientific school. A brief review of the main scientific publications is analyzed. It is proved that the study of contemporary issues such as sustainable economic growth, environmental wellbeing, combating international crime and corruption require to be engaged in concerted action the implementation of agreed actions and to develop mutually acceptable approaches and solutions. The development of scientific school of international law is based on the concept of maintaining a system of scientific ideas, representing a contribution to the development of several areas of modern international law and ensuring continuity in science.

Black people are often burdened with having to decide between their natural hair and their employment. Media reports of late have uncovered that Black people of all ages and genders have faced the difficult choice of giving in to discrimination of their natural hair in school and at sporting events. The CROWN Act of 2020 was introduced as a response and a way forward in overcoming this burden. Furthermore, this legislation is an effort to educate the general public about the natural hair styles that are often seen as unkempt but are a proud aspect of Black culture. This paper will give the author’s perspective of the significance of this legislation and personal experiences that have formed these views.

It was hypothesized that base rate differences in the number of complaints made during daylight and nighttime hours were responsible for a previously reported, nonlinear relationship between temperature and domestic violence. This hypothesis was tested by subjecting calls for service in 1987 and 1988 in Minneapolis, to moderator-variable regression analyses with controls for time of day, day of the week, season, and their interactions as well as linear trend, major holidays, public school closings, the first day of the month, and other weather variables. Temporal variables explained 75% of the variance in calls for service. As hypothesized, the base rate artifact was responsible for an apparent downturn in violence at high temperatures: Fewer complaints were received during afternoon hours, because they happen to be the warmest time of the day. The results were interpreted in terms of routine activity theory.

Purpose The purpose of this article is to provide an overview of recent dyslexia legislation and guidelines pertaining to services for students with dyslexia in public school settings and to describe possible implications for speech-language pathologists (SLPs). Method In recent years, there has been increased attention focused on effectively meeting the needs of students with dyslexia nationwide. The Decoding Dyslexia organization has chapters in all 50 states in the nation, and they have been instrumental in promoting public awareness of the importance of improving services for students with dyslexia. As a result, new legislation, policies and guidelines have been introduced and developed in many states. California is an example of 1 state that has recently passed legislation in this area and released guidelines that serve as recommendations related to this law. This article provides a broad overview of recent dyslexia legislation, with more specific information pertaining to recent legislation and guidelines in the state of California. Clinical implications for SLPs who serve this population in school settings are also discussed. Conclusion The information discussed in this article may serve as a useful model for states that are in the process of developing or revising their own policies or guidelines for meeting the needs of students with dyslexia.

The head of the educational institution, in particular the school, is the education manager, who is guided by numerous regulations in his day-to-day activities. However, changes in legislation, transitional provisions of the Law of Ukraine "On Education", almost weekly clarifications of the profile ministry, public activity actually removed from the comfort zone of modern school leaders. On the one hand, heads of educational institutions are forced to constantly monitor legislative changes, on the other hand - to work and act in a bureaucratic process of governance.

In 2008, Brazilian legislators approved a law that added music on a mandatory basis to the basic national school curriculum. Despite the possibilities afforded by this legislation, music educators affirm that many questions remain due to its ambiguity. Given the 2012 deadline for the implementation of this law, there is a need to understand how it was enacted across diverse settings. This study considers the implementation from the perspective of music teachers. Thus, in this interview study, we seek to understand the status of music education throughout the country according to the perspectives of music educators from private and public schools. Such perspectives are situated within reviews of educational history, legislation, policy, and research. Findings point toward the need to (a) address a shortage of music teachers; (b) better define the preparation of professional music educators; and (c) identify pedagogies which are likely to have the greatest impact in implementing this new law.

It seems to be generally accepted that school meals played a small but important role in the creation of conceptual and practical space for the first green shoots of the modern welfare state, and that their provision, no matter how modest at the outset, therefore represented a major departure in the history of social policy. As Bentley Gilbert notes: “The passage of the Education (Provision of Meals) Act of 1906, and the Education (Administrative Provisions) Act of 1907, establishing medical inspection in State schools, marked the beginning of the construction of the welfare state. For the historian, feeding was the more important measure, not because it was wider in scope or more beneficial, but simply because it occurred first.” Thus the Liberal party's reforming administration of 1906–14 began with legislation on free school meals and school medical inspection. According to Pat Thane, this “was the first extension from the field of schooling into that of welfare of the principle that a publicly financed benefit could be granted to those in need, free both of charge and of the disabilities associated with the Poor Law,” and Charles Webster suggests that “the foundations were laid for the principle of providing publicly funded welfare benefits for an entire class of recipient without the imposition of the kind of limitations traditionally imposed under the Poor Law.” In more general terms, Ulla Gustafsson has asserted that school meals “inform our understanding of the relationship between the state, the family and children.”

Lower levels of physical activity among children in the United States can be attributed in part to the lack of access to safe, low-cost recreational facilities. Shared use, or a partnership allowing the community to use school recreational facilities outside of normal hours, has received increased attention. Objective: The objective of this study was to determine the extent of knowledge among school decision makers about a law passed clarifying liability for school shared use in Minnesota and to understand perceptions held by school decision makers regarding shared use of recreational facilities. Design, Setting, and Participants: A survey of Minnesota school superintendents and other decision makers (N = 182) was conducted to understand the issues relevant to sharing school recreational facilities with the public. Results: The majority (90%) of respondents indicated concern about liability for injury on school property outside of normal hours, and that insurance and contracts provided the most protection from liability. Most respondents indicated they were not familiar with the Minnesota shared use legislation and its provisions (61.36%, n = 108). Conclusions: Findings suggest the importance of education and training to further school superintendents’ knowledge of Minnesota shared use legislation, legal and policy issues relevant to shared use, and issues related to the implementation of shared use within their Districts.

In January 1938, James Landis, Dean of Harvard Law School, author of much of the New Deal's securities legislation, and a former member of the Securities and Exchange Commission, traveled to New Haven, Connecticut, to deliver the prestigious Storrs Lectures at Yale Law School. His subject was “The Administrative Process.” Of particular interest to Landis was defining the correct relationship between courts and the administrative state. According to Landis, the interaction between agencies and courts “gives a sense of battle.”1 He continued: “Here one is presented with decisions that speak of contest between two agencies of government— one, like St. George, eternally refreshing its vigor from the stream of democratic desires, the other majestically girding itself with the wisdom of the ages.”2

The purpose of the actual research is to determine the factors which create organizational distrust in regular high school managers. Semi-structured interview method, which is one of the qualitative research methods, was used in the present study. Managers of 3 regular high schools which are located in the city center of Kırıkkale were interviewed. The factors which create organizational distrust in regular high school managers were grouped under 4 categories after the content analysis. These categories are as follows: Employees' behaviors which cause distrust in managers, legislation and practices of the Ministry of National Education, characteristics and features of the school and other managers' behaviors which cause distrust in high school managers. High school managers stated that the abuse of the right to receive health certificate which is provided by the law No. 657, political and other kinds of pressures that employees put on the managers, low amount of subsidies sent to regular high schools, populist explanations of the Ministry for the public, not being authorized (for managers) to choose assistant managers, the legislation which does not give authorization to local governors and the impact of politicians on school managers created a distrust in them. This research revealed that the factors which cause distrust in high school managers resulted mostly from the structure of public institutions and cultural structure.

The currently ongoing information revolution has become one of the most significant perquisites for the formation of a new legal order — “new realities”, characterized by the formation of “electronic state“. The challenges of this “new reality” make search for science-based solutions ever more topical, including the means and methods and technologies for legal regulation with regard to public relationships. An attempt to look for said mechanisms was undertaken by the participants of the XI International School for young scholars — jurists “Effective law enforcement: doctrine and practice”. It was held at the Institute of Legislation and Comparative law under the Government of the Russian Federation on May 27, 2016. One of the sections of said School was dedicated to “Law enforcement in the light of formation of electronic state“. The article contains summary of the discussions and the outcomes.

The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.

Abstract This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.

Background:Reducing the incidence and negative consequences of concussion among youth athletes is a public health priority. In 2010, Massachusetts passed legislation aimed at addressing the issue of concussions in school athletics. We sought to understand local-level implementation decisions of the Massachusetts concussion law.Methods:A qualitative multiple-case study approach was utilized. Semi-structured interviews with school-employed actors associated with the law's implementation were used for analysis. Interview data were subjected to a conventional content analysis.Results:A total of 19 participants from 5 schools were interviewed. Schools were purposefully selected from communities varying in socioeconomic status and population. Participants included 5 athletic directors, 5 coaches, 4 athletic trainers, 4 school nurses, and 1 health and wellness coordinator. Eight themes emerged regarding specific ways schools have implemented the law. Six themes emerged regarding factors influencing implementation.Conclusions:All cases employ neurocognitive testing as a means to assess concussions, place decision-making authority in athletic trainers' hands, and use a 30-minute online video to disseminate concussion education. Employing athletic trainers could pose challenges to school districts with limited financial capacity, as financial assistance from the state is not provided under the law. The validity of neurocognitive testing and the effectiveness of online concussion training need further study. Cooperation from student athletes, their parents, and physicians is necessary for full implementation of the law.

Background:This paper analyzes changes in the frequency of cycling to school and helmet wearing after the introduction of a mandatory helmet law, and attempts to identify factors associated with the acceptance of helmet use.Methods:A mixed-method study was designed with a 7-month follow-up period (April 2014 to November 2014). The initial sample included 262 students (aged 12 to 16 years) from Valencia, Spain. The data were collected by questionnaire and 2 focus-group interviews were conducted.Results:No significant changes in cyclingto-school behavior were found during the study period. Cycle helmet use improved, especially among boys, those who used their own bike, and among adolescents who lived within 2 km of school (P < .05 in all cases). The most common reasons given for not using a helmet were social factors. Peer-group pressure had a negative influence on helmet use among adolescents. Participants also indicated that helmet use is inconvenient, in particular among students who used the public bicycle-sharing program.Conclusions:The implementation of the helmet-use law did not have a negative impact on the frequency of cycling to school. Our findings provide an empirical basis for designing educational interventions and programs to increase helmet use among adolescents.

In Italy, little is being done to promote cinema studies and the ability to analyse films and/or multimedia works among high school students. Although Italian legislation provides guidelines on specific learning objectives, activities and content to be included in high school courses, film and media language is still not encouraged in schools. The pilot introduction of cinema at the C. Tenca High School in Milan had the aim of demonstrating the value of film as an educational and epistemological resource and fostering the development of innovative interdisciplinary teaching strategies. Themes related to cinematographic language, Economics-Business Studies and law were introduced and analysed via the exploration of early films (late 1800s and early 1900s). The students investigated the topics of advertising, building a brand name, online marketing and the role of the media in shaping public opinion. In order to enhance students’ skills in analysing interactive communications, we introduced the themes of data journalism and fact-checking. The results are discussed in terms of a possible role for Cinema in the study of Economics-Business Studies and Law and of how cinema might become an interdisciplinary resource for other school subjects. Keywords: Secondary School Social Science Curriculum, Interdisciplinary Approach, Cinema, Economics-Business Studies and Law, New Media, Promoting Active Learning.

Sharia law or Islamic law in Indonesia, recently, is undergoing the process of transformation and integration toward national law. During this process dualism in terms and institutions difficult to be avoided. If in education there are madrasah and school (sekolah), in law there are sharia law and national law. The question is whether, through gradual transformation, this dualism eventually heading to integration and unification of law? This paper will try to see the problems and handicaps faced by Indonesia in order to transform and integrate sharia law toward national law. But this paper will fistly discuss the relationship between Islamic law, human rights and international law, the position of Islamic law in national law system as well as how Islamic law interact with local culture. This research concludes that the transformation of Islamic law in Indonesia needs to consider the multi-ethnic, multi-cultural and multi-religious faction of Indonesia. Transformation must not only end in the formalization process but also the internalization process. If the internalization process goes well, then Islamic law will enter Muslim community awareness as ethical and moral awareness. So that at the private level Islamic law will be practiced, becoming a way of life regardless of whether it is formalized in legislation or not. For Islamic law to be formally transformed at the public level in legislation, Muslims need to renew their understanding of syûra and ijmâ.

Gay, lesbian, bisexual, and transgendered (GLBT) public school educators’ rights have not been clearly delineated by the courts. As such, the outcomes in legal controversies involving adverse employment consequences based on teachers’ sexual orientation have varied somewhat across jurisdictions and have been decided on a case-by-case basis. To examine the evolving law in this arena, this article analyzes all litigation pertaining to GLBT educators and antidiscrimination statutory provisions in all 50 states. By identifying and examining federal and state protections, this research contributes to an understanding of the role that legal requirements play in protecting GLBT public employees. Based on the comprehensive analysis of litigation and legislation, this article offers model statutory language to protect GLBT public employees.

In 2015, the Massachusetts Department of Public Health conducted focus groups with school nurses (SNs) and athletic trainers (ATs) from Massachusetts middle and high schools to assess implementation of legislated regulations relative to the management of students’ head injuries incurred during extracurricular sports. Four tape-recorded focus groups were conducted by experienced facilitators. Lists of themes were synthesized by investigators for each focus group. Participating SNs and ATs supported the sports concussion legislation, felt that implementation had gone well, indicated that the law empowered them in managing return-to-school/play for students with concussion, and experienced support from their school administrators. Some SNs reported that they had applied relevant procedures to all students with head injuries, regardless of how or where the injury occurred. Challenges identified included protocols for away games, inconsistent concussion care by physicians, and a need for teacher education. Further research is required to quantify these findings.

This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does) but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible. Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land. Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive and well.

Society shapes the law and the law, we hope, might shape society for the better in turn. Legal traditions and practices therefore surely ought to secure for all citizens the prerequisites of a life worthy of human dignity. In a speech to the Routledge-Modise Law School in Johannesburg in September 2008, Justice Kate O’Regan[1] drew on Antony Kronman’s theory that one of the main characteristics identifying the practice of Law is that it is directly concerned with the public good. Lawyers have a responsibility to foster the legal system and the rule of law; at times, this might require them to suggest new laws or legislation; at other times, it might require them to criticize judgments which may not appear correct; at other times, they may need to protect the rule of law itself.[1] O’Regan, K. ‘Lawyering in Our New Constitutional Order.’ (2009). UCT News Alumni Magazine cited in Walker. M. Higher Education Pedagogies. (2016) Maidenhead: Open University Press & SRHE

Abstract The purpose of regulating any profession is to assure competent practitioners, particularly where its absence can cause irreparable harm. Regulatory “licensing” ideally achieves such assurance, while at the same time avoiding unnecessary supply constriction. The latter can mean much higher prices and an inadequate number of practitioners. Regrettably, the universal delegation to attorneys of the power to regulate themselves has led to a lose/lose system lacking protection from incompetent practice while also diminishing needed supply. The problem is manifest in four regulatory flaws: First, state bars—in combination with the American Bar Association—require four years of largely irrelevant higher education for law school entry. Most of this coursework commonly has nothing to do with law. Second, and related, these seven-years of mandatory higher education (that only the United States requires for attorney licensure) impose extraordinary costs. Those costs now reach from $190,000 to $380,000 in tuition and room and board per student—driven by shocking tuition levels lacking competitive check. Third, attorney training focuses almost entirely on a few traditional subjects, with little attention paid to the development of useful skills in most of the 24 disparate areas of actual practice (e.g., administrative, bankruptcy, corporate, criminal, family, taxation, et al.). And schools often pay scant attention to legislation, administrative proceedings, or the distinct areas of law that will be relevant to a student’s future practice. Fourth, state bars rely on supply-constricting bar examinations of questionable connection to competence assurance. In the largest state of California, the bar examination fails about 2/3 of its examinees. This system has fostered an opportunistic cottage industry of increasingly expensive preparatory courses that further raise the cost of becoming an attorney—even after 7 years of higher education. Meanwhile, the bars regulating attorneys in the respective states: a) Do not treat negligent acts as a normal basis for discipline (outside of extreme incapacity); b) Do not require malpractice insurance—effectively denying consumer remedies for negligence; c) Do not allow clients injured by malpractice to recover from “client security funds”; d) Do not require post-licensure “legal education” in the area of an attorney’s practice; e) Do not test attorneys in the area of practice relied upon by consumers—ever; and f) Respond to cost-effective, technology-centric solutions to legal problems not by regulation to assure consumer benefit, but by attempts to categorically foreclose them in favor of total reliance on often unavailable/expensive counsel. No area of state regulation has more openly violated federal antitrust law than has the legal profession. The United States Supreme Court held in 2015 that any state body controlled by “active market participants” in a profession regulated is not a sovereign entity for antitrust purposes without “active state supervision.” Yet four years later, attorneys continue to regulate themselves without such supervision, overlooking the threat of criminal felony and civil treble damage liability.

The volume includes an anthology of studies, laws, documents, investigations, and discourses concerning “social engineering” and the young student population, aiming to clarify multiple misunderstandings and myths concerning the Social Service Law, 1938, both from the respective historical period and from recent debates. To this purpose, authors employ a triple strategy of clarifying this piece of legislation: 1) an analysis of the Euro-Atlantic and national contexts of the interbellum period that frames the social service initiatives; 2) connecting the Law to the great public debates of the XIXth century, concerning the life of peasants in the context of village modernization; 3) integrating the experiences of cultural work in villages in the broader, comprehensive vision of the Sociological School of Bucharest, specifying them as a deepening of village modernization on four dimensions: culture of work, of health, of mind and of soul.

Process of formation of the civil sector has significantly accelerated in recent years. It became the instrument of social policy, school of political culture and a form of civil participation. In the activity, they are guided by modern concepts of civil society, which has been developed in a subsoil of the liberal culture. Directly or indirectly, their ideological platforms include values of the free personality, the principles of the constitutional state and private property, security of all subjects from any decisions, independence of mass media, compliance of the domestic legislation to the universally recognized norms and the principles of international law. The paper is also devoted to studying the questions of formation of public associations in the Republic of Tatarstan.

The article deals with studying of social transformations in 1975-1989 and new democratic traditions caused with the US legislation on education of individuals with disabilities.The role of the period for the current special education system creation in the United States is highlighted. US federal legislation in 1975–1989 introduced the legal basis of the special education system, which finally determined the vector of its development and caused a revolution in the whole education system. Active civil movement for equal rights enabled the adoption of The Education for All Handicapped Children Act of 1975, known after the renewal as The Individuals with Disabilities Education Act of 1990. The main innovations of the adopted law in the field of US special education were ensuring free access to appropriate public education for American children with disabilities aged 3 to 21, a right to be served in the least restrictive environment, at public expense, and under public supervision; introduction of individualized educational programs, launching early intervention programs for children at risk, funding of additional educational services for students with special educational needs, etc. The law adoption guaranteed millions of students who were raised in residential institutions or did not receive appropriate educational services in regular schools a possibility to study for free in accordance with state standards with their peers.According to the amendments to this law in 1983 and 1986, the leading principle of special education has been the partnership of parents or caregivers and professionals. To intensify active parental interaction, the law provided their mandatory participation in each stage of individualized educational programs for their children, the opportunity to discuss the conditions of the child’s education and the right to sue the school in case of a controversial educational decision.Key words: history of US special education, legal regulation of US special education, periods of US special education legislation, special education in the USA, periods of special education legislation. Ухвалені Конгресом США у 1975–1989 рр. законодавчі акти запровадили правові основи системи спеціальної освіти, які остаточно визначили вектор її розвитку та спричинили революцію в системі освіти країни загалом. Зауважено роль активного руху за рівні права для всіх громадян країни в ухваленні Закону «Про освіту для всіх дітей з інвалідністю» після оновлення у 1990 р. відомого під назвою «Освіта осіб з особливими освітніми потребами». Досліджено, що головними нововведеннями галузі спеціальної освіти у США після ухвалення зазначеного закону стали забезпечення доступу американський дітей з обмеженнями життєдіяльності віком від 3 до 21 року до безкоштовної освіти належної якості у державних закладах освіти і під контролем громадськості, запровадження індивідуальних навчальних планів, програм раннього втручання для дітей групи ризику, фінансування додаткових освітніх послуг для учнів з особливими освітніми потребами тощо. Підкреслено, що після ухвалення зазначеного закону мільйони учнів, які раніше зростали в закритих спеціалізованих установах або не отримували належних освітніх послуг у загальних школах, отримали можливість безкоштовно навчатися відповідно державних стандартів разом зі своїми однолітками.Указано, що відповідно до поправок до вказаного закону 1983 та 1986 рр. провідним принципом спеціальної освіти стала партнерська взаємодія батьків або опікунів та фахівців. Наголошено, що для активізації цієї взаємодії законом передбачено обов’язкову участь членів сім’ї на кожному етапі укладання індивідуальних навчальних програм для своїх дітей, можливість обговорювати умови навчання дитини та право подавати позов на школу в разі ухвалення суперечливого рішення.Ключові слова: спеціальна освіта у США, правове врегулювання спеціальної освіти, періодизація розвитку правового забезпечення спеціальної освіти, періодизація становлення правового забезпечення спеціальної освіти США.

In April, 2002, a 19 year-old pupil ran amok in a high school in Erfurt, killing several teachers and fellow pupils. The young man was reported to have played computer games, in particular games known as “ego-shooter,” quite excessively. These tragic events fueled the plans of the German government and the Federal states to reform the law for the protection of children and young persons. The legislative machinery issued new legislation at a rather impressive pace. Only one year after the tragedy in Erfurt, on 1 April 2003, two major legal documents entered into force: the Jugendschutzgesetz (JuSchG – Juvenile Protection Act) of the Federal government and the Jugendmedienschutz-Staatsvertrag (JMStV – Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media). This complicated two-fold structure stems from the federal nature of the German state where the competence to legislate is divided between the Federal Government and the individual Laender (Federal States). The latter, in order to achieve uniformity among themselves and reaching the breadth of the Germany territory, must cooperate and legislate in the form of an interstate agreement. The JuSchG regulates mainly the protection of juveniles in the public and limits the distribution of items, which have been determined to be dangerous, like printed material, videos, DVDs or CD-Roms. In contrast thereto the JMStV pertains to the protection of juveniles in the radio broadcasting industry and in the so called “Telemedia,” in particular the internet. In the following, we will give a short overview of the developments wrought by these new laws.

Background: Tobacco use is a major problem of public health significance as the tobacco smoking causes a wide range of diseases and adverse health impacts that affect nearly every organ of the body. The COTPA, 2003 i.e., the Indian smoke-free legislation “Prohibition of smoking in Public places” which forbids smoking in public places, including educational institutions. The main objective of this study is to assess the compliance of Section 4 and Section 6(b) of cigarettes and other tobacco products act (COTPA), 2003 in schools, to observe compliance of smoking ban at public places, to observe compliance of display of signboards at prominent places, to observe for direct and indirect evidence of smoking and other tobacco products used in school buildings and premises, to study the availability of tobacco products within 100 yards of school premises.Methods: A cross sectional survey in 100 schools in Dakshina Kannada district using compliance guide developed by partners of Bloomberg School of Public health to reduce tobacco use.Results: In 100 schools, 55 were rural area and 45 from urban area, further division shows government/semi-government schools were 44 and Private schools were 56. Section 4 for the presence of signboard, there is an association between the Management wise schools and presence of signboards (p=0.001), for section 6(b) of COTPA, there is an association between this Section and type of management (p=0.004).Conclusions: The schools depending upon the location show varied compliance towards the law. The Section 6(b) shows better compliance than Section 4.This study will help to address the implementation issues of COTPA.

This study aimed to propose a structure that makes it possible to highlight budget expenditures with children’s education students. The methodology used was descriptive, with qualitative data and obtaining the bibliographical and documentary data. The secondary data were obtained through the Information System on Public Budgets in Education (ISPBE) and School Census. Both made available by the National Fund for Education Development (NFED), with 137 municipalities in Mato Grosso that reported information to ISPBE the financial year 2015. The results suggest that it is possible to improve the legal, managerial, and social control of information, starting with the budget structure, using resources already existing in the municipalities. The contribution of the research is to suggest the mandatory inclusion of expense finder in the draft legislation that is going through the process in the National Congress, replacing the text of Law 4.320/64, which will bring greater security and reliability of the information declared to the ISPBE, besides evidencing how much in fact it invests in education in the country, especially in child education and also to improve transparency and fight against corruption.

AbstractThe article takes its point of departure in administrative law and good governance as possible avenues for increased implementation of rights, including human rights. The author discusses the role that pre-modern East Asian ideas on governance and pre-modern administrative law and institutions for monitoring the executive's use of power may play for the substance and focus of the reforms of administrative law that have been undertaken in the late 20th century in the People's Republic of China (PRC) and in Vietnam. The article discusses the possible influence of ideas and institutions inspired by Confucianism and the School of Legalism, including such features as a meritocratic civil service, institutions for monitoring the executive and for dealing with complaints, instrumental use of law, and use of rewards, punishments and instruction to achieve the aims of the law. The author compares the prevalence of the features of pre-modern China and Vietnam with elements in legislation and institutions implemented under the late 20th century reform processes in the PRC and Vietnam. The article concludes that the legacy of the pre-modern system of administrative law and governance and related institutions appears to play a role in the modern reform process that is more than accidental, and that this legacy results in a relatively strong emphasis on a principle of legality in the legislation implemented under the reforms and in a relatively weaker emphasis on the principle of equality. The article suggests that features of the premodern legacy, especially the emphasis on exercise of executive power in accordance with law, may be explored as providing potential for contributing to an increased quality of public administration and an increased implementation of rule of law and specific rights, including human rights and rights of relevance to trade and investment. It is also suggested that these features of the pre-modern system may be explored by the development community and international organizations as potential for creating ownership and sustainability of governance and law reforms that are of interest to external partners of the PRC and Vietnam.

In Aceh development activities are basically carried out actively, arief and wise including in applying a regional policy in the form of Circular (SE) Number 450/21770 which contains about the prohibition of holding recitation other than I'tiqad Ahlussunnah Waljamaah which is sourced from the Shafi'ite School law well, around last December 2019 that made a commotion in the public in Aceh. This causes great concern for the community regarding the clash of the Circular with article 14 paragraph (3) of the Aceh Qanun Number 8 of 2014 which regulates the Principles of Islamic Sharia stating that the holding of worship which does not refer not to the Syafi'i sect is permitted. Given as long as within the framework of the Hanafi, Maliki and Hambali mazhas by always promoting harmony, ukhuwah Islamiah and peace within the Muslim community, even though hierarchically the Circular Letter (SE) legislation is lower than Qanun, which is likely to use political means as a driving force for local government.

Almost 24 years have passed since the adoption of the Constitution of Ukraine, however, the term «church» remains unclear in the legislation of Ukraine. Simultaneous using the terms «church» and «religious organizations» in some provisions of the Constitution of Ukraine and using only the term «church» in other provisions create the basis for an ambiguous interpretation of the constitutional principle of church-state separation and church-school separation. Such legal uncertainty in practice leads to a violation of the rights of believers in the application of constitutional provisions, in particular in the process of registration of religious organizations as a legal entity. The Constitutional Court of Ukraine decided that there were differences in the substance of the terms "church" and "religious organizations", which are primarily used in the legislation, but a clarification of these terms is the power of a legislative body, not the Constitutional Court of Ukraine. Nevertheless, the Parliament of Ukraine has not yet resolved the issue of interpretation of the term "church", which is used in the Constitution of Ukraine and is a legal ground to the whole sphere of legislative regulation of state-church relations. In all the provisions of the Law of Ukraine "On Freedom of Conscience and Religious Organizations", the term "religious organizations" is used, avoiding terminological ambiguity. The use of the term "religious organization" in the legislation of Ukraine is justified not only because of the universality caused by the lack of denominational affiliation but also because this term denotes the specific form of legal entities. In the article, the author gives arguments justifying the actuality for correction of the terminological conception, which is used in article 35 (3) of the Constitution of Ukraine, with the aim of introducing a unified approach in the whole legislation of Ukraine. However, it is permissible to use the term "church" for research purposes, giving it broad meaning as a public institution that embodies the diversity of religions and denominations.

Hasbi Ash-Shiddieqy (1904-1975) argued, Muslims should be able to distinguish between the Shari’ah which directly from Allah SWT, and fiqh, which is the interpretation of the Shari’a by the mujtahid scholars. So far, there is an impression that Muslims in Indonesia tend to regard fiqh as a Shari’a jurisprudence that should be applied absolutely. As a result, the books of fiqh regarded as a source of religious law, although the Islamic legal opinions of the school sometimes are—to some how—incompatible with the current context. Hasbi saw the need to do ijtihad (Islamic exertion) in favoring the benefit for the people in response to the flow of modernization because Islamic law can basically meet public needs and the needs of mankind. Hasbi offered muqaranah (comparative) method which applied not among the Islamic schools, but also between schools and modern legislation. Hasbi offered idea ijtihad jama’i (ijtihad collectively) by engaging and involving various Muslim scientists so that decisions made are closer to the truth and a much more in line with the demands of the situation and welfare of the community. Since 1940, Hasbi offered the need for having Indonesian fiqh to be a pillar for the development of the Indonesian law. Through ijtihad collectively, according to Hasbi, Indonesian Muslims could formulate and have fiqh according to the personality of the Indonesian nation

ObjectivesSmoking prevalence in Greece is considered high within the European Union and the collection of evidence on tobacco use among adolescents is of vital importance in order to develop effective smoking prevention and cessation programmes.DesignCross-sectional.SettingGreece.Primary and secondary outcome measuresGlobal Youth Tobacco Survey (GYTS) is a national representative, paper-and-pencil, cross-sectional, school-based study of students at ages 13–15 years. The survey employed a multistage cluster sample design with schools selected proportional to enrolment size. Finally, 4618/5127 students aged 13–15 years participated in the survey. The school response rate was 98.1%, the student response rate was 90.1% and the overall response rate was 88.4%.ResultsThe prevalence of current cigarette smoking was estimated at 10.1% (10.4% in GYTS 2005) and of exposure to secondhand smoking in public places at 67.4% (94.1% in GYTS 2005). The vast majority of the adolescents (82.1%) supported the banning of smoking inside enclosed public places. Most of the current smokers (90.8%) were not prevented/refused purchase because of their age according to existing law. Multivariate analysis showed that peer influence (OR=48.32; 95% CI 36.2 to 64.48), pocket money (OR=2.63; 95% CI 1.28 to 3.41), increasing age (OR=2.35; 95% CI 1.63 to 3.39) and low educational level of father (OR=2.82; 95% CI 1.7 to 4.68) were risk factors independently associated with current cigarette smoking.ConclusionsDespite the existence of strict laws related to tobacco control, exposure to secondhand smoking among Greek students remained high even when compared with GYTS in 2005. This is likely a result of weak enforcement, what is really missing is the enforcement of the related legislation.

This was an exploratory qualitative study utilizing tenets of phenomenology to examine the lived experiences of front-line student services professionals in Admissions and Financial Aid and their dilemmas in interpreting and implementing California Assembly Bill 540 (2001) in their interactions with undocumented students. Front-line student services professionals are often the make-it or break-it persons for undocumented students to realize their dreams of attaining a postsecondary education because they determine whether students can pay in-state tuition and receive financial aid. California law AB 540 (2001) was created with the intention of providing a fair tuition policy for all California high school graduates entering college in California. AB 540’s (2001) purpose is to allow all California high school graduates, including undocumented immigrant students who meet the requirements, to be exempt from paying nonresident tuition at California public postsecondary institutions. An undocumented student is classified as someone who entered the U.S. without proper immigration documents or someone who entered the country legally as a nonimmigrant but later never exited the country (Internal Revenue Service, 2014). Twelve student service professionals, both part-time and full-time, at public two-year and four-year higher education institutions shared their experiences regarding management of difficult and sensitive conversations with undocumented students, as they attempted to translate state legislation through institutional polices. Many times, these front-line professionals in Admissions and Financial Aid were the first and only people to interact with incoming undocumented students before they set foot in the classroom. These professionals utilized their knowledge, resources, and networks to help students navigate the college-going process. However, unclear and/or non-existent campus policies, departmental silos, along with a lack of professional development, adequate resources, and appropriate guidance, often limited their capacity to help.

Context Ohio passed legislation in 2004 for optional public funding of automated external defibrillators (AEDs) in all Ohio high schools. Objective To report occurrences of sudden cardiac arrest in which AEDs were used in Ohio high schools and to evaluate the adherence of Ohio high schools with AEDs to state law and published guidelines on AEDs and emergency action plans (EAPs) in schools. Design Cross-sectional survey. Setting Web-based survey. Patients or Other Participants A total of 264 of 827 schools that were members of the Ohio High School Athletic Association. Main Outcome Measure(s) We surveyed schools on AED use, AED maintenance, and EAPs. Results Twenty-five episodes of AED deployment at 22 schools over an 11-year period were reported; 8 (32%) involved students and 17 (68%) involved adults. The reported survival rate was 60% (n = 15). Most events (n = 20, 80%) in both students and adults occurred at or near athletic facilities. The annual use rate of AEDs was 0.7%. Fifty-three percent (n = 140) of schools reported having an EAP in place for episodes of cardiac arrest. Of the schools with EAPs, 57% (n = 80) reported having rehearsed them. Conclusions Our data supported the placement of AEDs in high schools given the frequency of use for sudden cardiac arrest and the survival rate reported. They also suggested the need for increased awareness of recommendations for EAPs and the need to formulate and practice EAPs. School EAPs should emphasize planning for events in the vicinity of athletic facilities.

One of the crucial issues of our decades is how to stop the loss of biodiversity. Policy–makers need reliable data to base their decisions on. Managing wildlife populations requires, first of all, science–based knowledge of their abundance, dynamics, ecology, behaviour and dispersal capacities based on reliable qualitative data. The importance of dialogue and communication with the local actors should be stressed (Sennerby Forsse, 2010) as bag statistics and other monitoring data in wildlife management could be more precise if local actors, notably hunters, were better informed and aware of their importance, especially in supporting existing and emerging policies at national and international levels. Another essential issue in wildlife management is the conflicts generated by humans and their activities when they interact with wildlife (Heredia & Bass, 2011). A sociologic approach is required to take into account those human groups whose interests are divergent, facilitating communication and collaborative learning among these users of the same ecosytem. Obstacles should be addressed and solutions devised to protect and encourage a sustainable use of this ecosystem in, as much as possible, a win–win relationship. Policy objectives and mana-gement strategies should be discussed and debated among the stakeholders involved, then formulated. Policies can be translated into different types of instruments, economic and legislative, but also informative and educa-tive. As awareness of the actors is a key factor of successful regulation, the regulations should be sufficiently explained and stakeholders should be involved in the implementation of these regulations as much as possible. Finally, the effectiveness of the regulations should be evaluated in light of their objectives, and where necessary, the regulations should be strengthened or adapted to improve their performance (Van Gossum et al., 2010).The various aspects of the processes described above were highlighted in the plenary talk and the five oral communications presented during the session on wildlife law and policy. In his plenary talk, Dr Borja Heredia, Head of the Scientific Unit of the Secretariat of the CMS/UNEP in Bonn, pointed out different sources of human–wildlife conflicts, such as the logging activities in subtropical forests that induce overexploitation and poaching for bushmeat consumption; the problem of predators on livestock and the poisoning of lions in the Masaï Reserve; animals invading the human territory; and game species as a vector of diseases in humans and livestock (Heredia & Bass, 2011). Heredia stressed the importance for wildlife managers to deal with the human dimension; he stressed the importance of successful conflict management based on principles such as a non–adversial framework, an analytical approach, a problem–solving orientation, the direct participation of the conflicting parties, dialogue as a basis for mutual understanding and facilitation by a trained third party. Heredia explained how the Convention on Migratory Species of Wild Animals (UNEP/CMS) contributes to confict resolution and in this way increases the chance of survival of these species. The CMS (see CMS website) works for the con-servation of a wide array of endangered migratory animals worldwide through the negotiation and implementation of agreements and action plans. Migratory species threatened with extinction are listed in Appendix I of the Con-vention. CMS parties strive towards strictly protecting these animals, conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides establishing obligations for each State joining the CMS, CMS promotes concerted action among the Range States of many of these species. Migratory species that need, or would significantly benefit from, international co–operation are listed in Appendix II of the Convention. For this reason, the Convention encourages the Range states to reach global or regional agreements. The Convention acts, in this res-pect as a framework convention. The Agreements may range from legally binding treaties (called agreements, there are seven) to less formal instruments, such as Memoranda of Understanding, or actions plans (there are 20), and they can be adapted to the requirements of particular regions. The development of models tailored according to the conservation needs throughout the migratory range is a unique capacity to CMS. Heredia detailed inter alia the Agreement on the Conservation of Albatrosses and Petrels, the Great Apes Survival Part-nership, the Agreement on the Conservation of Gorillas and their Habitats, the MoU on the Saïga Antelope, and the Programme for the Conservation and sustainable use of the wild saker falcon (Falco cherrug) in Mongolia.The talk of Sarah Wilks, research fellow at the School of Law, University of Western Sydney, illus-trated the importance of adequate transparency and public consultation in environmental and conservation law and decision making. Wilks (2012) examined the Australian legislation concerning animal welfare and the export of Australian wildlife products and, as a case study, explored the Tasmanian State Government’s recent decision to promote the com-mercial harvest and export of brushtail possums She pointed out that although the Enviromment Protection and Biodiversity Conservation 1999 (EPBC) process intended to be open and co–operative, it is not, in prac-tice, co–operative, public and transparent. The export of possum products requires Australian Government approval under the Department of Primary Industries, Parks, Water and Environment (EPBC). Wilks (2012) assessed the Tasmanian Wildlife Trade Management Plan for Common Brushtail Possums developed by the EPBC, the public submissions to the Austra-lian Government, and the Australian Government’s response against the provisions of the EPBC. As a result, she deplored that welfare outcomes, like that of back or pouch juveniles whose mother had been trapped or killed have not been adequately considered either at Tasmanian State or at Australian Govenment level. She concluded by deploring that submissions on ethical grounds could not yet be considered by the Australian Government because the decision to harvest or not to harvest is made at State level, and yet the Tasmanian State legislation is deficient in mandating public consultation.Data on hunting and game resources provide quan-titative and qualitative information on game species, but moreover, game monitoring has shown to be efficient in identifying threats to biodiversity, such as biodiversity problems in agriculture and forest ecosystems, and also to be an early warning in assessing threats from invasive alien species (Sennerby Forsse, 2010). They are an essential tool for game managers, scientists and policy–makers, and hunters and hunter organisations are key resources in the collection of this information.The ARTEMIS data bank was initiated by the Federation of Asssociations of Hunting and Conservation of the Euro-pean Union FACE (see ARTEMIS website) to improve information about game in support of existing and emer-ging European policies. The objective of ARTEMIS is to centralise and analyse, in a coordinated and coherent Animal Biodiversity and Conservation 35.2 (2012)161extending the ban to all waterfowl hunting and not only that undertaken in protected wetlands.The presentation of K. E. Skordas, from the Hunting Federation of Macedonia and Thrace, Research Divi-sion, Greece, illustrated the contribution of the Hellenic Hunters Confederation (HHC) to law enforcement for wildlife protection. It showed how stakeholders, hun-ters, set up heir own Game Warden Service in 1999, through their Hunting Associations, in order to assume responsibility for the control of illegal hunting and wil-dlife protection, in collaboration with the local Forest Service. These game wardens carry out repressive and preventive controls and prosecutions. Besides this initiative, information campaigns are organised by the HHC to improve hunters’ awareness (see website of the Hellenic Hunters Confederation, HHC). Skordas & Papaspyropoulos (2011) analysed the relation between law enforcement, hunter awareness and infringement categories, classed in degree of influencing wildlife protection. They observed a strong reduction in the number of infringements; particularly, they found that hunting out of season and hunting without a license decreased from 23.4% to 7.31% and from 30.12% to 11.8%, respectively.All the talks presented in this session stressed the importance of dialogue in wildlife management as a basis for mutual understanding. Communication and involvement of the local actors/stakeholders are key factors at different stages of wildlife management: when collecting reliable data on which policy–makers may draw up their decisions, when debating policy objectives and strategies, and when implementing regulations and administrative acts

Officially, the Serbian Orthodox Church enjoyed a legally guaranteed status throughout the 19th century and Orthodox faith was considered to be prevalent both in the Principality of Serbia and in the Kingdom of Serbia. Nevertheless, after gaining its autonomy within the Constantinople Patriarchate in 1831 (under whose forced jurisdiction it had been since 1766), Knez Milos?s attitude and a number of state provisions led to the unsparing diminishing of the Church authority together with frequent subversions of the Church Canon law. Introduction of the constitutional and legislative framework for the activities of the Serbian church, the enforcement of institutionalized mechanisms of control, and above all, direct interference of the State authorities in the elections of Church hierarchs and their activities, marked relations of the Church and the State in the 19th century. ?Might makes right? rule was always on the State side. Investigations so far have least examined those provisions of the Government concerning general and theological education, in which church music also found its place. Presentation and analysis of the facts about the beginnings of organized music education go in favor of the existing findings on concurrencies and discrepancies in two cultural policies - that of the State and the one of the Church. Attitudes of the Sovereign and the Government towards the educational process, so vital during the decades of the State formation, are also indicative for affirmation of chanting practice and music art in general, as are (non-) conflicting interests between the prelates and distinguished public figures on one, and those in charge at the ministries on the other side. This paper presents all relevant government legislations regulating religious and music education at regular and theological schools. Attempts of the Church dignitaries and learned Serbian musicians to raise the level of music culture with the help of the State authorities are particularly emphasized. The emphasis was especially on the promotion of polyphonic church music and endeavors to print notated church chanting books. All relevant direct and indirect contributors to the expansion of church music are mentioned, among them especially music teachers at the Theological high school in Belgrade. Eventually, the paper points to those legal regulations which imposed on teachers certain duties related to everyday church services and reactions of the teachers to those regulations.

RESUMEN Alcanzar una educación de calidad y equitativa, como es declarado en nuestra legislación, es necesario para que todos los estudiantes tengan acceso y se les permita obtener distintos tipos de logros en sus aprendizajes, lo que resulta más complejo en establecimientos que presenten altos índices de vulnerabilidad. Es por esta razón que el estado de Chile entrega recursos extra a partir de la Subvención Escolar Preferencial (Ley SEP 20.248), para la creación de Planes de Mejoramiento Educativo (PME), y la Agencia de la Calidad de la Educación realiza evaluaciones para medir el rendimiento de los estudiantes a través de las pruebas SIMCE, que en base a sus resultados permite año a año generar sugerencias y remediales a los procesos de enseñanza y aprendizaje, en función de la calidad de la educación. La presente investigación, que se enmarca en un paradigma cuantitativo, buscó determinar la relación entre los recursos entregados por la Subvención Escolar Preferencial y los resultados promedio de evaluaciones SIMCE de establecimientos subvencionados en 2014. De esta forma dar un paso inicial en la búsqueda del uso eficiente de recursos públicos, para el mejoramiento de los resultados de aprendizajes de los estudiantes de nuestro país.Palabras clave: SEP, SIMCE, gestión de recursos. Relationship between expenses associated with the Preferential School Grant (SEP) Law and SIMCE results in subsidized primary schools in 2014 ABSTRACT Achieving a quality and equitable education, as stated in our legislation, is necessary for all students have access and are able to obtain expected levels of achievement in learning, which is more complex in schools with high levels of vulnerability. For this reason, the State of Chile provides extra resources by a Preferential School Grant (Law SEP 20,480), for the creation of Educational Improvement Plans (PME). The Agency for Quality Education carries out assessments to measure students’ performance through the SIMCE tests which, based on their results, year after year allow generating suggestions and improvements to teaching and learning processes, in function of the quality of education. The present research, which is part of a quantitative paradigm, was aimed to determining the relationship between resources provided by the Preferential School Grant and the average results of SIMCE evaluations of subsidized institutions in the year 2014. In this way, it was possible to take an initial step in searching for the efficient use of public resources, the improvement of learning results by students of our country.Keywords: SEP, SIMCE, resource management.

ResumoO aumento da população mundial e, por consequência, mudanças na produção e no consumo da sociedade implicam em inconvenientes quanto aos resíduos gerados, porém, atitudes vêm sendo tomadas para mitigar ou eliminar os transtornos causados. No Brasil, a maior conquista foi a criação da Política Nacional de Resíduos Sólidos, que destaca a responsabilidade compartilhada do poder público e dos geradores sendo estes, pessoas físicas ou jurídicas. Escolas de educação infantil e fundamental, dos anos iniciais, são ambientes importantes para ações que visam o bem-estar social e a qualidade ambiental, visto que é o celeiro de formação de futuros cidadãos e, diante do cenário nacional, não podem ficar de fora do que pede a legislação vigente. O objetivo do trabalho é avaliar a situação de uma escola particular em Foz do Iguaçu - PR no que tange o tratamento dos resíduos sólidos, a fim de alertar para o que pede a legislação vigente. A pesquisa é um estudo de caso associado ao método de pesquisas bibliográficas acerca dos resíduos sólidos para avaliação da situação da empresa. A realidade observada é preocupante, pois são muitos os problemas relacionados ao tema e estes estão presentes em diversos níveis, desde a falta de conhecimento sobre o assunto por parte da comunidade escolar até problemas com uma estrutura física deficiente. Neste contexto o trabalho alerta para a necessidade de um Plano de Gerenciamento de Resíduos Sólidos afim de tornar a escola um ambiente saudável e equilibrado, de acordo com a legislação.AbstractThe increase of world’s population and consequently changes in production and consumption of the society imply in inconveniences as to the generated waste, however, attitudes have been taken to mitigate or eliminate the disorders caused. In Brazil, the greatest achievement was the creation of the National Solid Waste Policy, which highlights the shared responsibility of public power and generators, both individuals and corporations. Elementary education schools in the early years are important environments for actions aimed at social welfare and environmental quality, since it is the base for the training of future citizens and, given the national scenario, cannot be left out of what is requested by the legislation in force. The objective of this work is to evaluate the situation of a private school in Foz do Iguaçu - PR regarding the treatment of solid waste, in order to alert to what is requested by the current legislation. The research method adopted was the use of bibliographical research on solid waste and field research to evaluate the company's situation. The reality observed is alarming, as there are many problems related to the theme and these are present in several levels, from the lack of knowledge, on the subject by the school community, to problems with a poor physical structure. In this context the work alert to the need of a Solid Waste Management Plan in order to make the school a healthy and balanced environment, within the parameters of the law.

John D. Rockefeller, Jr.’s reactions to the Colorado Coal Wars resulted in the creation of the Employee Representation Plan, better known as the Rockefeller Plan. While labor historians identify the Rockefeller Plan as a dynamic shift in labor-management relations, this article focuses on the lesser studied portion of Rockefeller's reconstruction plan, his program of soft reform and its effect on the construction of masculinity in the industrial West. For Junior, restructuring the work environment and the relationship between management and labor left reconstruction incomplete, and thus vulnerable to future crises. Beginning in 1914, Rockefeller provided support for local and national social organizations to work throughout southern Colorado in order to impart middle-class values to his workers. He believed that reconstructing their social and cultural values—from language to sexual behavior—would remove any socialist influences, and create a better workforce. By applying this type of pressure, Junior helped create an environment that supported local anti-vice movements, and validated a growing belief that law enforcement and legislation could be used to curb vice. Following the deadly strike, Rockefeller's attempts to transform his public image and industrial workers not only have implications for labor history, but also social and gender histories, in particular the construction of masculinity in the American West.As I understand you are a member of the Baptist Church. So am I. But I think you must be a very inconsistent one. You teach Sunday school in New York and let the devil run your business in Colorado. You and your managers are totally responsible for all the bloodshed that occurred in Colorado. If you had lived up to the law there would have been no strike in Colorado. It is human nature to suffer rather than resent and men do not go on strikes for the fun of it.1

The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC).

Introduction. The institutionalization of legal political science in the structure of political science and legal knowledge as a process of forming a new post-non-classical research paradigm is studied. The integration of politics and law within the framework of legal political science is a reflection of the objective interaction and development of politics and law in the modern world. The creation of legal political science as a research paradigm in the context of the integration of scientific knowledge confirmates that the development of science is a complex, complex dialectical process in which differentiation is accompanied by integration, there is interpenetration and unification into a whole variety of different ways of learning, understanding , ideas. Therefore, the aim of the article is to trace the institutionalization of legal political science as a new post-nonclassical research paradigm. The paradigm is a set of fundamental scientific attitudes, concepts and terms that is recognized and shared by the scientific community and unites most of its members. In essence, the paradigm is the methodological basis of the unity of the scientific community (school, direction), which greatly facilitates scientific and professional communication. The relationship between law and politics has been recognized by political scientists and lawyers alike, so it can serve as a paradigmatic basis for exploring the problems of this relationship, the features of the interaction between law and policy, and even solving applied problems. According to scientists, the need to unite the efforts of political scientists and lawyers in order to comprehensively understand the phenomena and processes occurring in the political and legal reality, in order to bring the methodology of political and legal research in line with the needs of regulating public life, is being actualized and increasing. Results and conclusions. The formation of legal political science as a transdisciplinary science and the understanding of the political and legal processes in Ukraine through its methodological tools will help to improve legislation and implement reforms. Legal political science should become the scientific basis for the development of political and legal practice, the successful provision and implementation of reforms in the political and legal spheres of the state.

The article examines Latvia's compliance with the EU's institutional and value strategy for promoting the principle of tolerance. The main manifestations of intolerance in the social and political life of Latvia as a "young" democracy are investigated. The legal gaps, the peculiarities of the political and legal culture of the population and other factors that cause intolerance in Latvia, despite this country's 2004 membership in the EU, have been emphasized. Institutional reforms aimed at strengthening the value of tolerance and preventing destructive intolerant practices are analysed. Providing tolerance for Latvia is called a challenge for this country. It was stressed that countering intolerance remains an important component of the country's still unfinished post- socialist democratization. Attention is paid to maintaining a high percentage of non-citizens in the population structure of Latvia. It is emphasized that in Latvia there is the highest level of sexual minority intolerance in the Baltic countries group, especially the expressed intolerance towards transgender and intersex people. It is noted that the legislation of Latvia is not yet fully consistent with the European Commission's General Policy Recommendation against Racism and Intolerance No. 7 in the fight against racism and racial discrimination. Attention is drawn to the lack of special services in law enforcement agencies to assist victims of hate speech. It has been stated that there is a lack of promotion of counter-speech in response to racist, homo- / transphobic hate speech on the part of high-ranking officials and public activists. This contributes to the fact that those who resort to hate speech do not feel public condemnation and increase their destructive presence in Latvia. Attention was drawn to the problem of preserving the marginalization of Roma, especially in the area of employment, provision of public health and education services. The article states that there are manifestations of anti-Semitism in Latvia, especially in Internet discourse. It is noted that despite the small number of refugees received in recent years by Latvia, there is a high level of intolerance of asylum seekers. At the same time, public opinion is often formed precisely because of the destructive public rhetoric of Latvian politicians. The general problem of Latvia is the high tolerance for violence in general – at home, at school, against certain social groups, etc. It is indicated that in this country there is a high tolerance for various destructive unlawful practices, such as involvement in the shadow economy, the purchase of smuggled goods, and so on. The author of the article argues that the reasons for the mentioned problems of Latvia are not least in the plane of the political and legal culture of the Latvians, in which the intolerance to diversity and the neoliberal-democratic values, on which the EU is oriented, are still quite strong.

This article seeks to deepen the debate on leadership, exploring specifcities of the Brazilian context on this topic, more specifically the principle of democratic management. The reflection focuses on both topics, explaining the path of the debate on democratic management since the mid-eighties of the twentieth century, passing through the Federal Constitution of 1988, the Law of Guidelines and Bases of National Education - Law number 9.394/96) and arriving on the most recent context, where the National Education Plan (PNE), of 2014, incorporates the subject to its goals. Considerations are presented on program contents of two national training programs: the Distance Training Program for School Managers (Progestão) and the National School Program for Managers of Basic Public Education (PNEGEB), also known as School of Managers. The main regulatory frameworks for democratic management are focused on relevant legislation. The study allows us to suggest the hypothesis that the principle of democratic management, associated with a political leadership, would have preponderated in the literature and initiatives of formation of school directors in the country, being the more technical dimension of the subject a little prioritized theme. In this sense, it can be said that the topic of leadership, as it is configured in other contexts, has become a repressed demand in Brazilian educational policy.ResumoEste artigo procura aprofundar o debate sobre liderança, explorando especificidades do contexto brasileiro em relação a esta temática, mais especificamente o princípio da gestão democrática. A reflexão detém-se sobre os dois temas, explicitando a trajetória do debate sobre gestão democrática desde meados dos anos oitenta do século XX, passando pela Constituição Federal de 1988, a Lei de Diretrizes e Bases da Educação Nacional – LDB (Lei nº 9.394/96) e chegando ao contexto mais recente, onde o Plano Nacional de Educação (PNE) de 2014 incorpora o assunto às suas metas. São apresentadas considerações sobre conteúdos programáticos de dois programas nacionais de formação: o Programa de Capacitação a Distância para Gestores Escolares (Progestão) e o Programa Nacional Escola de Gestores da Educação Básica Pública (PNEGEB), também conhecido como Escola de Gestores. Os principais marcos regulatórios da gestão democrática são focalizados na legislação pertinente. O estudo permite sugerir a hipótese de que o princípio da gestão democrática, associado a uma liderança de natureza política, teria preponderado na literatura e iniciativas de formação de diretores escolares no país, sendo a dimensão mais técnica do assunto um tema pouco priorizado. Nesse sentido, pode-se dizer que o tema da liderança, tal como se configura em outros contextos, tem se constituído em demanda reprimida na política educacional brasileira.ResumenEste artículo busca profundizar el debate sobre liderazgo, explorando especificidades del contexto brasileño en relación a esta temática, más específicamente el principio de la gestión democrática. La reflexión se detiene sobre los dos temas, explicitando la trayectoria del debate sobre gestión democrática desde mediados de los años ochenta del siglo XX, pasando por la Constitución Federal de 1988, la Ley de Directrices y Bases de la Educación Nacional - LDB (Ley nº 9.394/96) y llegando al contexto más reciente, donde el Plan Nacional de Educación (PNE), de 2014, incorpora el asunto a sus metas. Se presentan consideraciones sobre contenidos programáticos de dos programas nacionales de formación: el Programa de Capacitación a Distancia para Gestores Escolares (Progestão) y el Programa Nacional Escuela de Gestores de la Educación Básica Pública (PNEGEB), también conocido como Escuela de Gestores. Los principales marcos regulatorios de la gestión democrática se centran en la legislación pertinente. El estudio permite sugerir la hipótesis de que el principio de la gestión democrática, asociado a un liderazgo de naturaleza política, habría preponderado en la literatura e iniciativas de formación de directores escolares en el país, siendo la dimensión más técnica del tema un tema poco priorizado. En ese sentido, se puede decir que el tema del liderazgo, tal como se configura en otros contextos, se ha constituido en demanda reprimida en la política educativa brasileña.Keywords: Leadership and democratic management, Educational legislation, Public policies, Scholar managers training.Palavras-chave: Liderança e gestão democrática, Legislação educacional. Políticas públicas, Formação de gestores escolares.Palabras claves: Liderazgo y gestión democrática, Legislación educativa, Políticas públicas, Formación de gestores escolares.ReferencesALMEIDA, Bruno Luiz Teles de. Construindo uma gestão democrática no Estado da Bahia: contribuições do Curso de Especialização em Gestão Escolar promovido pelo Programa Escola de Gestores. Universidade Federal da Bahia. 2015. Dissertação de Mestrado, 2015. Disponível em: https://repositorio.ufba.br/ri/handle/ri/17694. Acesso em: 27 out. 2018.BENTO, António; OLIVEIRA, Maria Isabel. A liderança escolar a três dimensões: diretores, professores e alunos. Bragança: Ideias em prática, 2013. Disponível em: https://bibliotecadigital. ipb.pt/handle/10198/9560. Acesso em: 18 ago. 2018.BIANCO, Mônica de Fátima; SOUZA, Eloísio Moulin de; SOUZA-REIS, Antônio Marcos. A nova gestão pública: um estudo do Pró-gestão focado em dois projetos prioritários no estado do Espírito Santo. Revista Gestão e Planejamento, Salvador, v. 15, n. 1, p. 118-143, jan./abr. 2014.BOLIVAR, Antonio. El liderazgo pedagógico de la dirección escolar en España: limitaciones y acciones. In: LIMA, Licinio; SÁ, Virginio (orgs.). O Governo das escolas: democracia, controlo e performatividade. Ribeirão: Edições Humus, 2017, p. 151-171. Acesso em: 18 ago. 2018.BOLIVAR, Antonio; YÁÑEZ, Julián López; MURILLO, F. Javier. Liderazgo en las instituciones educativas. Una revisión de líneas de investigación. School leadership. A review of current research perspectives. Red de Investigación sobre Liderazgo y Mejora Educativa (RILME). Revista Fuentes, 14, 2013, pp. 15-60. Disponível em: http://institucional.us.es/revistas/fuente/14/Firma%20invitada.pdf> Acesso em: 18 ago. 2018.BRASIL. Constituição Federal de 1988. Disponível em http://www.planalto.gov.br/ccivil _03/constituicao/ConstituicaoCompilado.Htm. Acesso 6 dez. 2018.BRASIL. Lei nº 9.394, de 20 de dezembro de 1996. Estabelece as diretrizes e bases da educação nacional. Disponível em http://www.planalto.gov.br/ccivil_03/Leis/l9394.htm. Acesso 14 jun. 2018.BRASIL. MEC. INEP. Desempenho dos alunos na Prova Brasil: diversos caminhos para o sucesso escolar nas redes municipais de ensino. Brasília: Instituto Nacional de Estudos e Pesquisas Educacionais, 2008.BRASIL. MEC. UNICEF. UNDIME. Aprova Brasil: o direito de aprender – boas práticas em escolas públicas avaliadas pela Prova Brasil. 2. ed. Brasília: MEC.UNICEF, 2007. Disponível em: <https://www.unicef.org/brazil/pt/aprova_final.pdf> Acesso em: 07 ago. 2018.BRASIL. MEC. UNICEF. UNDIME. Redes de aprendiizagem: boas práticas de municipios que garantem o direito de aprender.BRASIL. Presidência da República. Casa Civil. Subchefia para Assuntos Jurídicos. Lei nº 13.005, de 25 de junho de 2014. Aprova o Plano Nacional de Educação – PNE e dá outras providências.BROOKE, Nigel; SOARES, José Francisco (orgs.). Pesquisa em eficácia escolar: origem e trajetórias. Belo Horizonte: Editora UFMG, 2008.BUENO, Edna Maria Gomes da Silva. A dimensão pedagógica do papel do diretor na gestão escolar: análise do Progestão - programa de capacitação a distância para gestores escolares da Secretaria de Educação do Estado de São Paulo. 2007. Dissertação (Mestrado em Educação e Formação). Universidade Católica de Santos, Santos, 2007. Disponível em: http://biblioteca.unisantos.br:8181/handle/tede/112>. Acesso em: 27 out. 2018.EVANGELISTA, Karla Karine Nascimento Fahel. Formação de gestores escolares: um estudo em escolas públicas do Ceará. 2016. Dissertação de Mestrado. Programa de Pós-Graduação em Educação. Universidade Estadual do Ceará. Fortaleza, 2016.FAORO, Raymundo. Os donos do poder: formação do patronato político brasileiro. Rio de Janeiro: Globo, 3ª ed, revista, 2001.FERNANDES, Cássia do Carmo Pires; TEIXEIRA, Beatriz de Basto. Avaliação do Programa Escola de Gestores: os desafios da pesquisa com egressos. Revista Temas em Educação, João Pessoa, v. 24, n.1, p.78-90, jan-jun. 2015.FERNANDES, Cássia do Carmo Pires. O programa escola de gestores da educação básica e seus efeitos para a formação de gestores escolares em Minas Gerais. 2014. Dissertação de Mestrado. Universidade Federal de Juiz de Fora. 2014. Disponível em: https://repositorio.ufjf.br/jspui/handle/ufjf/184> Acesso em: 27 out. 2018.FERREIRA, Maria Salonilde. A IV Conferência Brasileira de Educação: algumas considerações. Revista Educação em Questão. V. 1. N. 1. Jan./Jun. 1987. Disponível em: https://periodicos.ufrn.br/educacaoemquestao/article/view/12026> Acesso em: 26 out. 2018.HONORATO, Hercules Guimarães. O gestor escolar e suas competências: a liderança em discussão. Disponível em http://www.anpae.org.br/iberoamericano2012/Trabalhos/ HerculesGuimaraesHonorato_res_int_GT8.pdf. Acesso em: 26 out. 2018.INEP. Relatório do 2º Ciclo de Monitoramento das Metas do Plano Nacional de Educação. Brasília, 2018. Disponível em http://portal.inep.gov.br/informacao-da-publicacao/-/asset_publisher/6JYIsGMAMkW1/document/id/1476034. Acesso em 31 out. 2018.LEITHWOOD, K.; DAY, C.; SAMMONS, P; HARRIS, Alma; HOPKINS, D. Successful school leardership. What it is and how it influences pupil learning. National College for School Leadership. Research Report n° 800. University of Nottingham. 2006. Disponível em http://www.nysed.gov/common/nysed/files/principal-project-file-55-successful-school-leadership-what-it-is-and-how-it-influences-pupil-learning.pdf. Acesso em 31 out. 2018.LIMA, Licinio; SÁ, Virginio (orgs.). O Governo das escolas: democracia, controlo e performatividade. Ribeirão: Edições Humus, 2017. LÜCK, Heloísa. Dimensões da gestão escolar e suas competências. Curitiba: Editora Positivo, 2009.LÜCK, Heloísa. Liderança em gestão escolar. Petrópolis: Vozes, 2008.LÜCK, Heloísa. Mapeamento de práticas de seleção e capacitação de diretores escolares. Estudos e pesquisas. São Paulo: Fundação Victor Civita, 2011, p. 167-225. Disponível em: http://www.fvc.org.br/pdf/livro2-03-mapeamento.pdf. Acesso em: 25 set. 2016.MAGALDI, Ana Maria; GONDRA, José G. A reorganização do campo educacional no Brasil: manifestações, manifestos e manifestantes. Rio de Janeiro: 7Letras, 2003.MELO, Marisete Fernandes de. Programa nacional escola de gestores para a educação básica: um olhar sobre a proposta e execução na Paraíba (2010 - 2012). 2017. Dissertação de Mestrado. Universidade Federal da Paraíba. Mestrado Profissional em Políticas Públicas, Gestão e Avaliação da Educação, 2017. Disponível em https://repositorio.ufpb.br/ jspui/handle/tede/9320. Acesso em 31 out. 2018.NOGUEIRA, Danielle Xabregas Pamplona. Programa de Capacitação a Distância de Gestores Escolares – Progestão no Estado do Pará: um estudo sobre a implementação do curso de especialização, no período de 2001 a 2002. 2008. Dissertação(Mestrado em Educação). Universidade de Brasília, Brasília, 2008. Disponível em: http://repositorio.unb.br/handle/10482/1845. Acesso em: 27 out. 2018.OLIVEIRA, Ana Cristina Prado de. Gestão, liderança e clima escolar. Curitiba: Appris, 2018.OLIVEIRA, Ana Cristina Prado de; CARVALHO, Cynthia Paes de. Gestão escolar, liderança do diretor e resultados educacionais no Brasil. Rev. Bras. Educ. 2018, vol.23, p. 1-18. Disponível em: http://www.scielo.br/pdf/rbedu/v23/1809-449X-rbedu-23-e230015.pdf. Acesso em: 19 ago. 2018.OLIVEIRA, Ana Cristina Prado de; WALDHELM, Andrea Paula Souza. Liderança do diretor, clima escolar e desempenho dos alunos: qual a relação? Ensaio: aval. pol. públ. Educ., Rio de Janeiro, v. 24, n. 93, p. 824-844, out./dez. 2016. Disponível em http://www.scielo.br/pdf/ensaio/v24n93/1809-4465-ensaio-24-93-0824.pdf. Acesso em 12 jun. 2018. PENA, Anderson Córdova. Um conceito para liderança escolar: estudo realizado com diretores de escolas da rede pública estadual de Minas Gerais. 2013. Universidade Federal de Juiz de Fora. Tese de Doutorado. 2013. Disponível em: https://repositorio.ufjf.br/jspui/ handle/ufjf/2426. Acesso em 31 out. 2018.PINHEIRO, Camila Mendes; DAL RI, Neusa Maria. Democratização da educação na década de 1980: o Fórum da Educação na Constituinte e a IV Conferência Brasileira de Educação 1986. Disponível em: http://www.histedbr.fe.unicamp.br/acer_histedbr/jornada/ jornada11/artigos/8/artigo_simposio_8_749_mila_pinheiro_@hotmail.com.pdf Acesso em: 26 out. 2018.PINHEIRO, Camila Mendes. O Fórum Nacional em Defesa da Escola Pública e o princípio de gestão democrática na Constituição Federal de 1988. 2015. 234 f. Dissertação (mestrado). Universidade Estadual Paulista Júlio de Mesquita Filho, Faculdade de Filosofia e Ciências, 2015. Disponível em: http://hdl.handle.net/11449/ 124369. Acesso em: 26 out. 2018.POLON, Thelma Lucia P. Perfis de liderança e seus reflexos na gestão escolar. In: 34ª Reunião Anual da ANPED, 2011, Anais... Natal/RN: Centro de Convenções, 2011.ROMANO, Alessandro Segala; OLIVEIRA, Márcia Pacini de. A gestão participativa e o papel da liderança do diretor na educação profissional. Revista InSIET: Revista In Sustentabilidade, Inovação & Empreendedorismo Tecnológico, São Paulo, v. 2 n. 2, agosto/dezembro de 2015.RUA, Maria das Graças. Análise de políticas públicas: conceitos básicos. s. d.SCOTUZZI, Claudia Aparecida Sorgon. Gestão democrática nas escolas e progestão: que relação é esta?. 2008. Dissertação (mestrado). Universidade Estadual Paulista, Instituto de Biociências de Rio Claro, 2008. Disponível em: <http://hdl.handle.net/11449/90065> Acesso em: 27 out 2018.SILVA, Givanildo da; SILVA, Alex Vieira da; SANTOS, Inalda Maria dos Santos. Concepções de gestão escolar pós–LDB: o gerencialismo e a gestão democrática. Revista Retratos da Escola, Brasília, v. 10, n. 19, p. 533-549, jul./dez. 2016.SILVA, Luís Gustavo Alexandre da; ALVES, Miriam Fábia. Gerencialismo na escola pública: contradições e desafios concernentes à gestão, à autonomia e à organização do trabalho escolar. 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Purpose – The paper aims to examine the jeopardy of the bank in performing its varied functions to customers, the public and regulatory authorities. The bank’s overriding mandate is accepting deposits from its customer and to make payments as and when requested. However, banks also perform investment undertakings and other related functions. Banks have been applauded for facilitating the fight against crimes such as money laundering and financing of terrorism but they are times when they have also been vilified for not doing enough to prevent the foregoing crimes. There is evidence that banks have sometimes been exploited to facilitate commission of crimes either wilfully or recklessly. In this regard, banks which do not do enough to prevent commission of crimes have been perceived as either delinquents or villains for allowing themselves to be exploited for those inclined at committing money laundering and its predicate offences. The paper explores the varied situations in which banks have been caught up in both of these foregoing situations. They have done a plausible job in safeguarding the public and prevention of money laundering and terrorism offences. They have also been perceived as villains by allowing themselves to be exploited by criminals in perpetuating the foregoing offences. In both of the foregoing extremes, public opinion has been divided – there are those who support that banks do a good job and those who brand banks as villains. Those empathising with banks argue that by requiring banks to report suspected money laundering activities creates unfriendly business environment and hostilities in a particular bank. Apparently, this school of thought posits that over-regulation of banks potentially generates a hostile business environment and scares off potential business clients not to mention generating an anti-business climate in a particular bank. To them, banks should do just banking without being encumbered to provide overarching oversight responsibilities such as fighting money laundering and terrorism. The work of preventing crimes should be responsibility of oversight institutions and authorities, and banks should not be involved in executing of the foregoing responsibilities. As such, banks have been reduced to act as policemen. However, one wonders whether the foregoing thesis suggests that banks should just sit back and be exploited for criminal purposes or accept to acquiesce wrong doing or lawlessness simply for business expediency? This paper explores the jeopardy of the bank in delivering its mandate and to evaluate where the balance between its competing obligations needs to be drawn. Banks perform duties to the customer (emanating from their contractual relationship) and its responsibility to the regulatory authorities to safeguard the public. The paper provides an exposition of the modern business regulatory landscape within which banks operate in performing their competing duties towards the customer and the public. In the modern elusive global market environment, banks are in a jeopardy because people they would least expect to be involved in money laundering could be chief instigators of money laundering (ML) and predicate crimes. This includes presidents (e.g. Sana Abacha of Nigeria), minsters, judges and other elevated government figures could be the ones instigating the commission of money laundering offences in their countries. The jeopardy of the bank is that some of the foregoing political officials could be untouchable political figures on whose its survival depends. Banks need to remain fully alert bearing in mind that with globalised business environment in which they operate, circumstances can change very rapidly. It would also be overly unnecessary to blame banks for failures in the regulatory system beyond their control such as the global crisis – which they could not have foreseen or prevented. Finally, this paper articulates the fluid environment in which the modern bank operates and its attendant challenges. Design/methodology/approach – The paper was written by the analysis of both primary and secondary data sources focusing on vulnerability of banks in executing their mandate as financial institutions. The paper has also utilised case law on misfeasance of banks where courts have found banks for misfeasance and literally not doing enough in execution of their obligations to prevent financial crimes. This paper has also utilised some of the data utilised by the author in writing his PhD dissertation but done so in a distinctive manner to foster the objective of this paper. The author has harnessed and evaluated the foregoing data sources and adapted them in different contexts to address pertinent issues this paper was written on. Findings – The findings are not clear cut of whether banks qualify to be branded villains or heroes. The findings have demonstrated that the majority of banks are doing a plausible job to prevent money laundering and prevention of terrorism. There are also discerning situations where banks have been less valiant in prevention of crimes and in doing so they have put themselves in a negative spotlight. The paper has utilised different data sources generated on the role of banks in providing frontline services to the public and their failure to execute the foregoing mandate diligently. Research limitations/implications – The limitation of the paper is that it would have been better to evaluate the secondary data sources used in writing it by carrying out interviews on some issues it hinges. Due to some practicalities, it was not possible to carry out interviews or to send out questionnaires to banks and other financial institutions. As such, some of the data sources used could have been biased. Practical implications – This paper is of significant importance for banks, regulatory authorities, governments and those with a stake in the way banks are regulated and governed. I presume the foregoing stakeholder constituencies will find it a worth read and interesting. The paper also demonstrates that some the information written on banks in newspapers is not always true and urges caution in utilising newspapers as a source of generating data. It also underscores the need for banks to be more vigilant in execution of their mandate towards different stakeholder constituencies, so that they are not inadvertently exploited for criminal purposes. Social implications – The paper has far reaching implications for banks to be utilised in prevention of crimes in executing their mandate cautiously. It is important that much as financial institutions should be utilised in the foregoing respect, they should not be constrained by over-regulation, as this also means that they would pay dearly in compliance costs. Originality/value – The originality of the paper is manifested that while it has relied heavily on secondary and primary data sources, it was written in a distinctive way to foster the objectives of writing it. The paper was also evaluated in the context of empirical evidence where banks have used the influence to prevent crimes or where they have been less vigilant in doing so and they have been exposed to criminal exploitation. The foregoing experiences were evaluated carefully using reliable data sources such as case law and recent legislation.

The opportunity to earn college credit while in high school is an attractive option for high school students to start a college career. The process is referred to as dual credit courses. In 2015 Texas law from House Bill 505 allows for high school freshmen and sophomores to take college courses to increase certificate and degree completion, thus meeting the goals of the Texas higher education masterplan. The purpose of the study was to examine how student characteristics among 9th, 10th, 11th, and 12th-grade high school students relate to academic success in a dual credit environment. However, results showed a lack of participation grounded in the foundation of House Bill 505. Results of statistical and policy analyses show the law falls short of its intended outcomes and may have adverse effects.