Education Law Research Articles

A Case for the Right to Education for Stateless and Undocumented Children: A South African Analysis in the Light of International Law

This paper is grounded in the right to education, guaranteed to every child, whether stateless or undocumented. Being stateless means that the child is not considered to be a national by any State under the operation of its law and when a child is undocumented it means that they have no government-issued proof of identity. The Constitution of the Republic of South Africa, 1996 provides the right to education for all children, regardless of their nationality. However, whether stateless or undocumented, they encounter impediments when they attempt to exercise their right to education. The study questions whether the South African Government is complying with its constitutional and international legal obligations to provide the right to education to all children. The paper contends that it is not sufficient to state that every child has the right to education, and that there is a need to formulate guidelines and procedures to be followed in cases where children are undocumented or stateless. In addition, the paper analyses the relevant education laws and policies together with the immigration laws and the effects they have on one another. It further addresses how the provisions of immigration law related to education impede undocumented and stateless children from accessing the right to education. Accordingly, the study identifies the gaps in the laws regulating the right to education and their implications when stateless and undocumented children seek to exercise the right to education. This paper recommends that the South African Government adapts its education laws and procedures in ways that consider the circumstances of stateless and undocumented children.

СТАНОВЛЕННЯ ТА РОЗВИТОК ЦЕРКОВНО-ПАРАФІЯЛЬНОГО ШКІЛЬНИЦТВА НА ВОЛИНІ У ХІХ – НА ПОЧАТКУ ХХ СТОЛІТТЯ

The article analyzes the process of formation and development of church parish schooling in Volyn from the 19th century to the beginning of the 20th century. It has been proven that two-thirds of the children of the Orthodox faith in the villages and towns of Volyn remained outside the spiritual education of the lower – parish level. The prominent place of law teachers in the educational process of parish schools and their functional connections with local priests are substantiated. The conclusion about the requirement of loyalty, beneficence and religiosity towards legislators from the Russian church and the imperial government is formulated. It was established that diocesan school councils were created to organize and control the activities of parish schools, which, in turn, managed the corresponding county councils, which were responsible for the organization of parish schools in the respective Orthodox parish. It was noted that in order to ensure the educational process in church and parish schools, books in Russian or Church Slavonic were selected for them; historical documents proved that children had a hard time perceiving both educational and literary literature in Russian, did not understand the content of books in Church Slavonic, therefore they did not achieve much success. The opinion is substantiated that the basis of educational activities in parish schools in Volyn were prayer, attendance by students of church schools in the parish and participation in traditional church needs (confession, communion). The main methods of education (encouragement and punishment) were described – praise, awarding books, as well as remarks, instruction, shaming, standing in the classroom during the lesson on your feet, prohibition to participate in children's games during breaks, detention in the classroom after lessons for more than an hour, etc.

‘Please Think Critically’: A Theoretical and Conceptual Analysis of Curriculum Delivery of Law Degrees

This paper aims to perform an analysis of pedagogy and theory of the law degree. Pedagogy is the method and practice of teaching. The paper proposes that law education may accommodate a pedagogy of the development of ‘alternative critical scholarship’ in relation to law students. It employs the phrase ‘Please think critically’ because it is common in the history of legal education that the most successful scholars, and litigators all lived by the mantra: ‘please think critically’. It does not argue that a critical law student must be trained to be disruptive without cause, but that our methodology in curriculum delivery must encourage the law student to de/construct legal doctrine or concepts. This exercise may be accommodated as an alternative model for legal research. Thus, this paper contributes knowledge to critical legal research methodology. The research problem in this paper hinges on the fact that law students learn the skills of litigation (or problem-solving in the legal context) from learning by rote legal principles that are trite. They often do not learn the skills to perform a historical, theoretical and philosophical or doctrinal analysis of a/the law. This paper argues that to address this problem, they may be encouraged to learn about the epistemology, ontology, morality, philosophy of history and African philosophy. This will arm them with the tools to approach the established legal principles with an ability to re/think, re/imagine, and/or re/de/construct the law. This type of study may, wholly or in part, be dependent on research from other disciplines. The development of this critical law student is dependent on the manner they are taught, assessed and developed in and out of the classroom. To encourage critical thinking, the student may be assessed on their ability to critique established legal instruments: the legal doctrine, nature of the law, new and proposed legislation, new case law and judges’ legal interpretations. The critical analyses and thoughts on alternative theories like decolonial schools of thought and African jurisprudence may be reflected in their dissertation.

“Inclination Towards Innovation”: Deconstructing Neoliberal Educational Discourses from a School Context

Educational innovation is a key concept for policymakers, school leaders, and families, but its conflicting aspects make it hard to define clearly. This study explores how pro-innovation narratives are created within Spanish educational policies and how these narratives are received in schools. Using principles of critical discourse analysis, we examined a corpus of ten texts from three different discursive fields with a tailored analytical approach. This paper focuses specifically on findings related to regulations and the private school involved in the study. The results reveal a strong connection between Spanish educational laws and the political environment in which they were developed. Additionally, the study identifies new, economically-driven definitions for key concepts like education, quality, and innovation. A major conclusion is that today’s “innovative” schools align with the principles of educational neoliberalism. In this context, the concept of innovation reflects lawmakers’ goals, which school leaders endorse. At the school level, administrators adopt a self-promotional discourse that often appears contradictory and propagandist.

Treinta años de la Ley General de Educación colombiana: un planteamiento sobre la autonomía estudiantil

On February 8, 2024, Colombia celebrated the 30th anniversary of the enactment of the General Education Law, which places autonomy as one of its core principles. The gap between what the law stipulates regarding this principle, and the realities experienced in some classrooms, both in basic and secondary education, as well as in undergraduate and even graduate education, appears to be, at the very least, immense. This discussion aims to reflect on the principle-concept of student autonomy from a philosophical and psycho-pedagogical perspective oriented toward identifying progress in the implementation of the General Education Law in Colombia. Through a qualitative methodology, the concept of autonomy is approached from natural language, philosophy, and legislation. Some successful experiences are described where autonomous student development and teaching and learning processes were achieved. Citizen autonomy is considered the foundation for the strengthening and development of successful, or at least functional, societies, and in this sense, it is shown how, from the experiences and dynamics of the Colombian educational system, the path to forming autonomous individuals is still far from being achieved. It is concluded that rethinking the role of the agents linked to the educational context will be essential if the course is to be changed.

Transitioning to Adult Life for Students With Intellectual Disability in Saudi Arabia: A Systematic Literature Review

Although transition services for individuals with intellectual disability (ID) in Saudi Arabia are required by special education law and regulations, no literature synthesizes peer-reviewed studies focused on transition services for individuals with ID in Saudi Arabia. The purpose of this systematic literature review was to describe the peer-reviewed studies that have been published in English and Arabic over the past 15 years (2008–2023) related to transition services for individuals with ID in Saudi Arabia, the period in which the Saudi Arabian government has provided a new focus on the needs of individuals with disabilities. Our search yielded 22 studies that met the inclusion criteria for this systematic review. Results were discussed in terms of the lack of research focused on transition services and the lack of transition services available for individuals with ID in Saudi Arabia. A discussion of the limitations of this study, as well as the implications for future research, are provided.

Integration of Teaching Resources for English Majors under Local Autonomy: Collaboration and Development

In the process of local social governance, educational resources are the basic conditions for social governance, so the integration of English education resources has become the main research aspect of local governments and educational institutions. The integration of key educational resources needs to be supported by local education policies, education systems and education laws, and the corresponding regulations and laws should be improved, and the English cognitive level of the public and the environmental governance of education need to be intervened by local governments, as well as the extensive participation of the public. Laws and regulations should be improved under the guidance of the government to provide support for the integration of English education resources, and the public should widely participate in the integration of educational resources of English majors under the publicity of educational resources, so as to form a good interactive relationship to provide support for local education governance. Therefore, the necessary conditions for the integration of local governments, legal institutions, education departments and the general public, military and local English education resources play a role in promoting the development level of English and the creation of a social environment.

The Decisive Role of Educator in Ensuring the Vietnam Tertiary Education Quality

Many studies show that accreditation and education quality assurance achieve a large number of results relating to the quality of training programs, the quality of higher education institutions and contribute to the increase of international publications and domestic publications. But little scientific theoretical research has been done on these matters. Therefore, the article applies system theory, instructional leadership theory, bureaucracy theory and method of content analysis to clarify the decisive role of educators in the quality and effectiveness of education and training in Vietnam. This study founded that the basic and most important concepts such as "education quality" and "education quality standards", "tertiary education quality" and "tertiary education quality standards" have not been explained. Some provisions of the education law, such as regulations on the decisive role of educator in ensuring the education quality and on academic autonomy, are inadequately implemented. Therefore, the proposed solution is, on the one hand, to clarify and fully implement the legal provisions on "education quality", academic autonomy, “academic freedom” in effective ways without lavish. On the other hand, it is necessary to focus on implementing solutions to govern, manage, accredit, ensure and improve "education efficiency" which is understood as a solution that maximizes the benefits of education and minimizes its physical, financial and human costs.

EXPERIENCE IN ORGANIZING STUDENT RESEARCH CLUB FOR UNDERGRADUATE STUDENTS IN HIGHER EDUCATIONAL INSTITUTION

The relevance of this article is underscored by recent legislative changes in Ukraine, including the “Higher Education Law” and the “Law on Scientific and Technical Activity”, which have increased focus on integrating research into the educational framework of higher education institutions. These laws emphasize the need for a symbiotic relationship between higher education and scientific research, particularly in the training of medical students. They mandate new standards for the structure and objectives of scientific research activities within these institutions, encouraging the development of clear research agendas, updated educational resources to foster relevant competencies, and environments that support effective research endeavors. Cultivating a research-oriented professional requires concerted effort starting from the very beginning of a student’s academic journey. Broadening the engagement of medical students in Student Research Club activities is essential. Through participation in Student Research Club, students gain proficiency in navigating scholarly sources, acquire fundamental research skills, learn to apply theoretical knowledge in clinical contexts, and develop the ability to bridge theory with practice. Encouraging medical students to participate in professional competitions, conferences, and symposia at various levels is of great importance as well. Such activities hone public speaking skills, teach students how to engage and retain an audience, and prepare future healthcare professionals to be confident and persuasive communicators. Professional mentorship is vital for Student Research Club members. Faculty involvement, the guidance of Student Research Club advisors, scientific mentors, and leadership from the Student Research Club team are all critical to cultivating the research skills of emerging medical scientists. This article outlines the strategies implemented by the Department of Human Anatomy, Clinical Anatomy, and Operative Surgery at Dnipro State Medical University to engage early undergraduate students in scientific research.

Thirty-five years of feminism and family law in the legal academy

ABSTRACT This chapter is in two parts, each of which reflects upon the developments and current state of family law scholarship and feminist teaching in universities in England and Wales. Piper focuses on the enormous body of research and writing that Felicity Kaganas achieved in over 35 years of research in family law. It outlines the publications that she and Kaganas wrote together and highlights Kaganas’ other significant work. It reflects upon the impact of this work for students, academic colleagues and policy-makers and concludes that many of the same issues Kaganas addressed over the years remain current. Auchmuty, on the other hand, reflects upon 35 years of feminism in the classroom. Both Auchmuty and Kaganas started teaching in English law schools in the 1980s when the job was very different. Since that time, law teaching has become an increasingly feminised profession, with feminist teachers occupying some of the highest positions, and feminist legal research has flourished. In spite of these two profound shifts, the law degree has remained virtually unchanged, especially in respect of the ‘core curriculum’. These reflections consider why this is so, focusing on mechanisms of patriarchal containment and backlash, and considers what can be done about it.

Approaching a substantive theory of moral reckoning in special education leadership: Innovative grounded theory methods using extant data on principals

This original grounded theory research addresses leading for inclusion within the context of special education services and the educative outcome of equity as a moral aim of schooling in the United States. We pinpoint the critical positionality of the principalship in realizing both the letter and spirit of special education law in the US and its consequent practice. Through a secondary analysis of extant qualitative data, we examine dis/ability in schooling and administrative decision making in the day-to-day reality of implementation and present a working substantive theory of moral reckoning for special education leadership. Principals’ thinking and professional praxis revealed the existence of varying layers of ethical deliberation, ranging from surface appraisals, partial judgments, and conflicting calculations to deep, soul-searching deliberation. We conclude with recommendations for future research and practice.

Health and Healthy Lifestyle Habits in Primary Education: An Analysis of Spanish Autonomous Curricular Decrees Under the Current Education Law (LOMLOE)

The Spanish basic education curriculum, specifically the section on primary education, addresses global challenges and recognizes schools as essential in health education. Healthy lifestyle habits are fundamental due to their impact on health and well-being, especially in children. This study analyzes the integration of health and healthy lifestyle habits in Spanish autonomous curricular decrees using a qualitative documentary analysis and a comparative approach with a statistical/descriptive basis. The corpus includes the 17 autonomous curricular decrees derived from the Organic Law 3/2020 (LOMLOE). The data, derived from the 17 autonomous curricular decrees, were examined using lexical and grammatical analyses, then processed with Atlas.ti 23 software. The results reveal that the dimensions and categories related to health and healthy lifestyle habits focus mainly on physical aspects. In common areas or fields, physical education and knowledge of the natural, social and cultural environment are the most relevant areas for integrating health and healthy lifestyle habits into the framework in this study. However, the current curriculum proposal lacks continuity between curricular elements. In summary, this study represents a step forward in the recognition of the extent to which health and healthy lifestyle habits are established in the curriculum.

Shifting perspectives: the potential of rich, ill-structured problems in legal education

ABSTRACT Messy, real-world problems that haven’t yet been framed into a single, neat narrative contain a richness that makes them a powerful tool in legal education. This paper explores the practices of three law teachers who use ill-structured problems to help law students develop the capacity for problem setting, enabling them to structure and restructure problems from different doctrinal, conceptual and theoretical perspectives. In each course, the confrontation of legal rules or reasoning with the concrete realities of a specific situation serves as a catalyst for insight, teaching students the value of seeing and staying with complexity to gain deep understanding and potentially generate new ideas.

The Constitutional Logic of Patriotic Education Law

爱国主义教育法的出台对完善我国法律体系和提高爱国主义教育质量具有重要意义。宪法规范为爱国主义教育立法提供了合宪性与正当性基础。从宪法角度对爱国主义教育法进行考察，其目的在于形成宪法规范与爱国主义教育立法的协调实施体系。通过对爱国主义教育法进行规范结构的分析，可以理解爱国主义教育规范的内在逻辑和适用范围，同时能够发现规范存在的问题和不足，促进爱国主义教育法的实施。爱国主义教育法的后续实施应着重打造“国家、社会与个人”多元主体参与、“法律与文化”共同提供保障的立体化爱国主义教育体系，以加强爱国主义教育立法的实效性。

Young people’s civic engagement in Italy: evidence on grade 8 students from the international civic and citizenship education study (ICCS) 2016

Civic engagement represents a key aspect of a democratic society and is itself a multidimensional construct. Research has shown that the promotion of civic engagement is an important component of civic and citizenship education intended in a broad sense, pertaining to formal, non-formal and informal learning situations. Within a national scenario characterised by increasing levels of general institutional disaffection and a lack of electoral and political involvement, the recent reform in the area of civic and citizenship education (Law 92/2019) has led to lively debates on the status of its implementation in Italian schools and recent research at the national level has highlighted the lack of activities to promote students’ engagement. This study further investigates the ICCS 2016 findings on civic engagement of Italian students with two objectives: to identify possible groups of Italian eighth-grade students on the basis of their level of civic engagement and to examine the associations among these groups and some key factors reflecting school contexts and students’ attitudes and behaviours. To reach these goals, the data analyses encompassed a latent profile analysis and a logistic regression model. The latent profile analysis allowed the identification of three groups of Italian students: disengaged, moderately engaged and engaged students. The results of the regression model showed that engaged students were characterised by a higher level of citizenship self-efficacy. These findings confirm those of previous research on the key role of internal self-efficacy in promoting students’ civic engagement.

LAW AND INCLUSIVE EDUCATION

LAW AND INCLUSIVE EDUCATION

Redesigning of Flexible Learning Itinerary Configurator (FLIC) for the Design of Learning Situations in Compulsory Education (FLIC-IPAFLEX)

This paper presents the redesign process of FLIC, a web application developed for creating personal learning itineraries in higher education, now adapted for primary and secondary education as FLIC-IPAFLEX. This redesign meets the need for personalised learning through flexible pathways. It supports teachers in creating learning situations (LSs) as per the criteria set forth by the new Spanish Education Law (LOMLOE). The SCRUM model, integrated into Design-Based Research (DBR), was employed, implementing several iterative cycles involving teachers to validate the tool’s utility. The platform facilitates the creation, publication, and reuse of LS by enabling the filtering of competencies, evaluation criteria, and basic knowledge, as well as integrating with Google Classroom, an application widely used by teachers. The results show a positive user evaluation, highlighting its ease of use and capacity to foster collaboration among teachers, thereby promoting the co-design of flexible and adaptive LSs. FLIC-IPAFLEX aims to contribute to the field of learning design technologies, aligning with the demands of compulsory education and supporting collaborative processes within the educational environment.

Research on Skill Enhancement Training for Workers in the Construction and Installation Industry under the Background of the New Vocational Education Law

Research on Skill Enhancement Training for Workers in the Construction and Installation Industry under the Background of the New Vocational Education Law

The Message Of Da'wah In Films And Criticism Of The Concept Of Reincarnation

The concept of reincarnation is often a controversial topic because it raises deep theological debates. Film, as a mass communication medium, has the potential to spread thoughts or beliefs, including reincarnation. One of the films that raises this theme is Along With Gods 2: The Last 49 Days, a production work from South Korea. Seeing the potential negative impact of the concept of reincarnation on Muslims, this study aims to analyse and criticise the concept based on the teachings of Islamic law—qualitative method with Charles Sander Peirce's semiological approach. The data obtained from the film were analysed using Peirce's semiotic theory through the analysis of the concept of trichotomy. The results of the study showed that there were 25 scenes related to reincarnation in the film, of which eight messages of faith and three moral messages were found that contained da'wah values. Criticism of the concept of reincarnation is based on its irrationality and contradiction with Islamic teachings. In Islam, resurrection is believed to occur on Yaumul Ba'ats, the day of resurrection to account for charity, and not in the form of rebirth in the world as depicted in the concept of reincarnation.

Edukacja prawna w szkołach ponadpodstawowych

The article addresses the issue of legal education in secondary schools, especially in the context of recent changes that drastically reduce the legal issues discussed in the core curriculum. The author presents the social importance of legal education and the need to raise legal awareness, compares the past and current scope of law-related content provided in the subjects “Social Knowledge” and “History and the Present”, and formulates postulates as to the future form of education law in secondary schools.