Educational Rights Research Articles

Implementation of Guarantees for the Rights to Education Correctional Students While in Prison

A child in conflict with the law, who is then sentenced and placed in the Special Child Development Institution (LPKA), has the right to receive supervision, assistance, training, guidance and the right to education in accordance with the mandate and provisions of the relevant law. This research discusses the application of Guaranteed Educational Rights for Correctional Students (Andikpas) in Class II LPKA Bandar Lampung with the legal issue behind this research is that there are several LPKAs in Indonesia that have not paid attention to the right to education for Andikpas. Based on these legal issues, the problem in this research is related to the application of education rights guarantees in the sentencing of Andikpas at LPKA Class II Bandar Lampung and what are the inhibiting factors for implementing education rights guarantees in the sentencing of Andikpas in LPKA Class II Bandar Lampung. This research uses normative legal research methods which are supported by empirical research. Sources of primary data collection were carried out through field studies by conducting interviews with LPKA structural officials, LPKA employees, Andikpas representatives, and lecturers in the Criminal Law section of the Faculty of Law, University of Lampung. Secondary data collection is done by literature study. The data that has been obtained by the author is then analyzed qualitatively. The results of the research carried out show that the implementation of the Education Rights Guarantee at LPKA Class II Bandar Lampung for Andikpas has been implemented, but not yet fully implemented properly. The forms of education available include formal and non-formal education. For formal education, there are Package A (SD), SMP, and SMA equivalency education programs that work independently with the Dwi Mulya Foundation. Non-formal education can be said to be a skills and training activity in which Andikpas are fostered and trained in their skills through various activities prepared by LPKA on a regular basis. In carrying out the implementation of education, of course, they are faced with various kinds of obstacles, including legal factors, namely there are no specific technicalities in legislation that show how to apply education to Andikpas. Law Enforcement Factors, namely there are still deficiencies in quality and quantity in coaching officers. Factors of Facilities and Infrastructure, which are still classified as limited and not sufficient enough. Community factors, regarding the negative stigma against Andikpas who have returned to social life. And Cultural Factors, cultivate laziness from within Andikpas in carrying out educational obligations. In this way, LPKA strives fully, whatever becomes an obstacle in implementing the implementation of education and the Head of LPKA Class II Bandar Lampung hopes that the education and coaching that has been held can develop the potential of children so that when they return to social life they are still educated and can play an active and responsible role.

Gaps, guesswork, and ghosts lurking in technology integration: Laws and policies applicable to student privacy

Technology integration and learning analytics offer insights to improve educational experiences and outcomes. In advancing these efforts, laws and policies govern these environments placing protections, standards, and developmental opportunities for higher education, students, faculty, and even the nation‐state. Nonetheless, evidence of educational restrictions, encumbered actions, and archaic approaches pervades the legal literature and case law demonstrating that these laws and policies do not always function well in evolving and emerging technology spaces. To examine these laws and policies of student privacy, the author employs the combination of a critical policy analysis, which derives from critical social research as a means to explore discourse and policy through drawing out the policy contexts, texts, and consequences, and Flood's liberating systems theory, which directs the analysis to a problem‐solving approach by examining the policy discourse from a systems‐thinking lens. Based on a review of 184 court cases, 74 policies from a diversified representation of US states/territories, and seven developed nations or multi‐nation consortia, this examination illuminates how context and text such as the type and setting of the privacy matter (eg, various freedom of information acts, educational records under the Family Educational Rights and Privacy Act, and General Data Protection Regulation in the European Union) presents opportunities for protections and standardization efforts; however, they also illustrate significant protection gaps, guesswork and insufficiency around the type and degree of data subject consent, and ghosting effects of data subjects' protections. While the extant literature already supports aspects of these findings, it does not account for this holistic view of these three privacy vulnerabilities—especially in light of the principles to which these laws purport to achieve. Moreover, the three identified privacy vulnerabilities suggest overlooked inclusion of two overarching privacy concepts—transparency and equity. This study recommends that key actors in the policy construction realm (ie, university leaders, policymakers, and judges) should engage in analyses, dialogue, and consideration about transparency and equity by considering contemporary privacy problems in the contexts of artificial intelligence, quantum computing, and cybersecurity as a way to improve transparent and equitable policies in these areas rather than exacerbating the privacy dilemmas already in place. Practitioner notesWhat is already known about this topic In the United States, the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are well documented evidence of privacy protections for education and health records, but they fail to offer sufficient protections for students as data subjects with emerging technologies. Existing federal‐level laws in the United States do not offer a systematic or uniform approach in the manner that data users obtain consent, so data subjects are largely unaware of what is being consented. Other than matters of consent, policy strategies based on student privacy laws (ie, voluntary consensus standards, basic practices to maintain privacy, an ethics review board, data/record retention and destruction, and data sanitation of equipment) are significant and informative largely from the university‐perspective, not the students as data subjects. What this paper adds A new comprehensive examination of US laws including statutes, regulations, and cases as well as seven key nation‐state or national consortia laws—especially the EU's General Data Protection Regulation and selected state laws in the United States, which offer consistent and greater student privacy protections. Insights about the principles designed among the laws, which centre around their application, essentiality, consent, and security. Attention to areas in which student privacy laws still present privacy concerns, but specifically identifying issues of significant gaps, guesswork and insufficiency around levels and types of consent, and ghosting effects of data subjects' protections. Implications for practice and/or policy Data subject consent should be established and consistent– whether an opt‐out provision, opt‐in provision, or some extensive engagement. Student privacy policies should incorporate principles of transparency and equity for data subjects and data treatment. Policymakers should consider now how the intersections of data subject privacy matters shall be addressed in the context of artificial intelligence, quantum computing, and cybersecurity.

Learn when a school official's personal observations are considered education records

Learn when a school official's personal observations are considered education records

Learn when a school official's personal observations are considered education records

The Family Educational Rights and Privacy Act generally prohibits a college or university from disclosing personally identifiable information in a student's education record to a third party without consent. However, in an April 2023 guidance document, the Student Privacy Policy Office explained that “information that a school official obtains through personal knowledge or observation . . . is generally not protected by FERPA's limitations on the disclosure of education records, even if that information is also contained in an education record.” (Student Privacy Policy Office, Guidance for School Officials on Student Health Records (April 12, 2023).

Disclosures 5: Notifying parents about student suspensions, Part 1

I sometimes wonder if it wouldn’t be better if parents had the ability to know what their student's grades and academic status were without having to prove their student was a dependent. These two items of a student's education records are considered by The Family Educational Rights and Privacy Act to be non‐directory information. The obvious solution, as I’ve mentioned several times before, is that the student could give written consent or digital permission for the parents to see all that information online.

Research on Legal Regulation of Stakeholders under the Background of “Double Reduction” Policy

The “double reduction” policy provides strong enlightenment for educational reform and an effective guarantee for a good educational ecological environment. However, related policies will inevitably encounter challenges and difficulties in their implementation, such as unclear limits of individual rights, vague boundaries of government supervision, and insufficient ways to relieve infringement. Due to the lack of legal regulation, the policy can not completely adjust the social relations of related subjects. Therefore, in addition to strengthening the legal guarantee of the “double reduction” policy, we should clarify the limits of individual education rights and the boundaries of government public power, so as to fully synergize family education, school education, and off-campus education, and ensure the relations and corresponding legal responsibilities of each subject.

Community-Based Empowerment in The Perspective of Maqāṣid Al-Sharīʿa

The purpose of this research is to explore the role of community-based empowerment in the Depok UKMP community. Community-based empowerment as one of the bottom-up economic development is needed to enhance the economic performance of the city of Depok. The economy of Depok has not shown consistent indicators of improvement over the last decade. Accordingly, bottom-up economic development is needed in which the community can participate in it. This research is case study research with a descriptive qualitative approach. The data used are primary data and secondary data. The role of empowerment is analyzed using indicators from al-kulliyyát al-khamsah maqásid alsharí'a to review worldly and ukhrowi aspects. The results of the study indicate that the UKMP community hasplayed a role in empowering its members. Empowerment is perceived in imensions of spiritual, material, educational, and human rights protection. MSMEs can empower themselves through the role of the community to increase their capacities, develop knowledge, create independence, and support economic improvement.

THE RIGHT TO LEARNING AS THE TELEOLOGICAL QUALITY OF EDUCATION

The purpose of this Article is to bring to the discussion that having the Right to Education and/or access to it is not enough; it is necessary to have the right and access to Learning, which constitutes, in the current studies of Human Rights in interface with the Sciences of Education, the main goal of Education and Human Development. It is necessary to undo the classic idea, still perennial and of a place of teaching speech that if there was teaching, there was also Learning. Not necessarily, even though it should be. This Article will defend that this prerogative should be consistent and that people do not learn in series, nor in the same way. For this defense, we bring to the discussion new information about Learning, based on studies on Educational Sciences; about Neuroscience; on Psychology and Psychoanalysis of Learning; and on Linguistics Applied to Education – information all of which are transversal to current, poignant and stimulating studies of Human Rights in Education.

The Comparison of Educational Rights between State Constitutions of Indonesia and Singapore

The constitution is the basis for a country which contains various kinds of human rights, one of which is the right to education. This study aims to find out the need for education and the constitutional comparison of the right to education applied in Indonesia and Singapore. The research uses a normative juridical approach with a comparative approach. This study aims to analyze the comparison of the constitutional rights to education applied in Indonesia and Singapore. It can be seen that the state of Singapore has succeeded in implementing reforms in education rights properly. We can see this in the quality of education in Singapore, which is in the top ranking among countries with the highest attainment of international education standards. Meanwhile, the Indonesian state still has to struggle to achieve the goal of implementing the right to education properly. The results of the different implementation of education between the two countries are due to different backgrounds, such as social, political, cultural, and economic conditions. Therefore, it can be concluded that many factors influence the success of implementing the right to education in a country.

Providing Access to Higher Education for Refugees: Comparative Analysis and Policy Recommendations for South Korea

Securing higher education rights for refugees is critical not only for refugees’ selfempowerment but also for the peaceful development of communities. Qualifications recognition is a major barrier when refugees attempt to apply for work or higher education, due to missing documents or unavailability of issuing institutions in their home countries. This issue led to the 2019 Global Convention as the first global treaty on higher education. However, South Korea, a rising power with a normative policy focus, has little addressed qualifications recognition for refugees. Therefore, this research examines the extent to which South Korea, has internalised international norms regarding the provision of education for non-North Korean refugees. Then, by benchmarking the policies of Western normative middle powers, Canada, Norway, and Australia, the research analyses the strengths and limitations of existing qualifications recognition policies for refugees. The paper also refers to the existing policy for access to higher education for North Korean refugees in South Korea. It argues that South Korea should not only welcome more refugees but also develop an effective measure for the recognition of qualifications for refugees to integrate them as productive members of the society in fulfilment of its international humanitarian obligations, but also in accordance with its national interest. Lastly, this research concludes with policy recommendations for establishing a fair and effective recognition system for qualifications of refugees in South Korea, modelled on existing policies for North Korean refugees.

The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students

The Principle of Legal Reservation and the Protection of College Students' Rights in Ideological Education of College Students

The Role of the Government of Indonesia in Fighting for Recognition and the Right to Education for Children of Indonesia Migrant Workers in Malaysia

This study describes the role of the government and the struggle to get education for Indonesian citizens in Malaysia and to fulfill the right to education for the children of Indonesian Migrant Workers in Malaysia. There are several cases of children of Indonesian workers in Malaysia whose children's rights to education are not fulfilled, especially for illegal Indonesian migrant workers. In this study the authors used a qualitative research method - descriptive with the techniques used for data collection in the form of observation, interviews, and documentation. The results of the study show that the government has not been able to provide maximum facilitation for the children of illegal Indonesian workers so that the existence of non-formal learning centers in the form of guidance workshops plays a very important role in the achievement of migrant children who are struggling to get an education in Malaysia. From simple enrollment and low-cost tuition fees to many flexible solutions. This school is also considered to have fulfilled the indicators of achieving the right to education for the children of Indonesian workers, one of which is in the Gombak area, Selangor, Malaysia. The conclusion obtained in this study is that the government must guard the existence of Indonesian migrant workers in Malaysia with all its problems so that Indonesian migrant workers and their children can obtain proper education rights in accordance with policies issued by the government.

The forgotten African American innovators of educational technology: stories of education, technology, and civil rights

ABSTRACT The history of educational technology is replete with stories of mostly White men who have conducted some of the leading innovations in the field. The stories of educational technologists from minority backgrounds have largely gone untold, perhaps giving the false impression that such individuals were not involved in this field. This article recounts the stories of several leading African American innovators. These individuals did cutting-edge work and worked with well-known researchers from the 1960s to the present day, but their work has largely gone unnoticed by educational technology researchers and developers. These narratives provoke us to reconsider the meaning, scope, and purpose of educational technology as they collectively describe how the desire of a few individuals to use technology to educate and empower the underserved was intertwined with the African American struggle for civil rights.

DIPLOMASI PENDIDIKAN SABAH BRIDGE DALAM MEMENUHI HAK PENDIDIKAN BAGI ANAK PEKERJA MIGRAN INDONESIA DI SABAH, MALAYSIA

This research was conducted to describe the role of Sabah Bridge in conducting educational diplomacy in fulfilling the educational rights of Indonesian migrant workers' children through educational diplomacy. Qualitative research methods, literature studies, interview techniques, and educational diplomacy theory involving non-government actors were carried out. The results of the study show that there are three results from Sabah Bridge's educational diplomacy with related parties: (1) the Indonesian government built the Kota Kinabalu Indonesian school in Malaysia; (2) immigration cooperation between the two countries to facilitate documents needed by PMI children; and (3) Sabah Bridge and the Government of Indonesia provide repatriation scholarships to continue higher education in Indonesia. This research confirms that through diplomacy non-state actors can contribute to the national interests of their countries

Students - Teachers of the Future, Citizenship, and Inclusive Rights in Education

The demand of equipping students with knowledge, skills, expression, attitudes, and values that aim to prepare them as future teachers in the exercise and protection of rights and responsibilities in society, In Albanian universities, is increasing. The study was conducted with 90 students of the Professional Master's program "Elementary Education" and the Bachelor's program "Pre-School Education" at the Faculty of Education, Aleksandër Moisiu University in Durrës. The aim of this study is to assess the students' evaluation of programs that contribute to their civic development and prepare them for roles and responsibilities in society as teachers who will work in inclusive education and training of younger generations. The study methodology is based on reviewing the literature in the field, analysing the questionnaire responses from the students, and processing the data collected from the focus group conducted with the students. The study revealed that the university program places importance on the civic education and formation of students through the courses offered in this field. It was evident that teaching has improved in the level of theoretical knowledge and practical skills of the students. The establishment of a fair balance between theoretical information and practical activities is considered important. The study confirmed that the role of the teacher is crucial in the civic education and formation of students. The significance of this study lies in increasing students' confidence in their roles and responsibilities as future teachers, strengthening their role in safeguarding and respecting the rights of children, particularly those with disabilities, and promoting freedom of speech and respect for human dignity. The inclusion of civic education and human rights courses in all programs of the Faculty of Education, which prepares teachers, was seen as a necessity by all students. This is because, after completing this faculty, they will be in contact with students, which will enable the enhancement of students' benefits and their preparation as worthy citizens of a democratic society.
 
 Received: 05 May 2022 / Accepted: 16 June 2023 / Published: 23 July 2023

Learn when a school official's personal observations are considered education records

The Family Educational Rights and Privacy Act generally prohibits a college or university from disclosing personally identifiable information in a student's education record to a third party without consent. However, in an April 2023 guidance document, the Student Privacy Policy Office explained that “information that a school official obtains through personal knowledge or observation … is generally not protected by FERPA's limitations on the disclosure of education records, even if that information is also contained in an education record” (Student Privacy Policy Office, Guidance for School Officials on Student Health Records, April 12, 2023, https://bit.ly/3Nu74UK).

A call for saying “gay”

AbstractOn March 28, 2022, Florida's Governor Ron DeSantis signed HB 1557 “The Parental Rights in Education” bill into law, taking effect July 1, 2022. As written, the bill: (a) prohibits discussion of lesbian, gay, bisexual, transgender, intersex, queer/questioning, and all other terms and concepts related to sexuality and gender (LGBTQ+) topics within schools, (b) requires schools to provide access to confidential records (e.g., counseling notes), and (c) requires school staff to notify parents when students engage in LGBTQ+ conversations or seek resources. While proponents posit that HB 1557 protects the “parents' fundamental rights to make decisions regarding the upbringing of their children,” critics and activists contend that the bill will result in enduring damage to LGBTQ+ students. The purpose of this essay is threefold: (a) describe HB 1557 and elaborate on public responses to the bill, (b) provide stakeholder commentary on HB 1557, and (c) offer considerations to support members of the LGBTQ+ community in schools.

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia

Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.

Book review: Cole, M. (ed.), Education, Equality and Human Rights: Issues of Gender, ‘Race’, Sexuality, Disability and Social Class

Cole, M. (ed.), Education, Equality and Human Rights: Issues of Gender, ‘Race’, Sexuality, Disability and Social Class (5th Edition) (London: Routledge, 2022), 350 pp. £28.99 (paperback), £120.00 (hardback), ISBN: 9781032010991.

Exploring Women's Educational Rights in Pakistan through a Case Study of Female Education in FATA"

Education the basic right of each and every individual both male and female and it is one of those right that recognized internationally in UDHR and in other treaties Pakistan is party to some international accords like UDHR, due to this reason some efforts were made by the government official regarding education right but the female right to education in our state is not satisfactory specially in FATA. This research paper explore the current situation of female education in the area of FATA. Some factors like militancy attacks, male dominated society, and orthodox, early child marriages are the reason that deprived the daughters of tribal area from their basic need and rights i.e. education. The objective of this research is to create awareness, law reforms and give some policy recommendation to lawmaking body so that every child of our nation should attain the education right. The methodology used in this study is secondary sources and qualitative data and we take thousand schools both male and female from age group five to sixteen years.