Education Law Research Articles

Unintended Consequences of Special Education and Consideration of Change

This scholarly review presents a case for transforming special education rather than reauthorizing special education law in its present form and, in doing so, reconceptualizing the inclusion movement to recognize marginalizing influences. A comprehensive review of research, policy reviews, and observations of praxis is undertaken to examine current special education law. Three unintended consequences are identified: (a) the least restrictive environment provision; (b) incremental successes of the inclusion movement’s emphasis on placement; and (c) the effort to promote racial integration in current special education policy. While unintended consequences cannot be foreseen, the structure of the Individuals with Disabilities Education Act (IDEIA) has changed little since the 1970s despite evolving praxis and understandings of social justice. This article is intended to facilitate a conversation about a path forward for special education, including whether IDEIA should be reauthorized in its present form, or what form might be taken under alternative policy.

Point-of-care diabetes testing in the dental setting: A national scope of practice survey.

The aim of this study was to assess the knowledge of state dental directors regarding their state's professional practice act, specifically scope of practice laws regarding point-of-care chairside screening for diabetes. A cross-sectional study design was used to examine the 50 state dental directors' knowledge of policy around point-of-care diabetes testing in their state. A five-item survey instrument was designed in a web-based platform and electronically distributed in 2022. Thirty-seven states (74%) responded to the survey. Regarding whether it was within the scope of practice for dentists to provide chairside point-of-care HbA1c screening, 17 states (46.0%) responded "yes," 5 states (13.5%) responded "no," and 15 states (40.5%) responded "don't know." Of the 17 states who provide diabetes testing, four states (23.5%) reported that dentists were reimbursed, nine states (53.0%) reported they were not reimbursed, and four states (23.5%) reported they did not know regarding reimbursement. There is significant state heterogeneity with regard to laws, regulations, and reimbursement for chairside diabetes testing in the United States. This is accompanied by vagueness and lack of specificity in the state education laws. For more widespread promotion and adoption of this evidence-based screening, the entire dental community including clinicians, educators, policymakers, payers, and professional organizations at all levels are encouraged to work together to advocate for clarification and specificity in the language of state education laws as well as reimbursement for this vital service.

Special Education Law: How the COVID-19 Pandemic Has Impacted FAPE, Child Find, and FERPA Laws

Special Education Law: How the COVID-19 Pandemic Has Impacted FAPE, Child Find, and FERPA Laws

Beyond the Numbers: Exploring the Perspectives of Students on the Integration of Data Analytics in Tax Law Education

Beyond the Numbers: Exploring the Perspectives of Students on the Integration of Data Analytics in Tax Law Education

Integrating Religious and Sexual Education in Aceh: A Comprehensive Approach to Prevent Extramarital Sex and Promote Youth Well-being

Sex outside of marriage is prohibited in Muslim society due to religious rules and its potential negative impacts, such as lineage disruption and the spread of sexually transmitted diseases (STDs). In Aceh, adult sexual relations are governed by Islamic law under Qawun Jinayah, which mandates public punishment for offenders. Despite this law being enforced since 2002, extramarital sex and the spread of STDs remain prevalent. This qualitative research uses data from journals and publications in databases like MEDLINE, Scopus, Web of Science, Google Scholar, PubMed, Elsevier, and legal sources. It also reviews textbooks and Qanun Aceh regulations. The study found that prohibitions and preventive measures of Sharia law have not effectively curbed extramarital sexual practices. Young people, especially those under 18, are particularly vulnerable due to inadequate sexual education and insufficient understanding of Islamic law, making them susceptible to sexual violence, STDs, and legal punishments. The research highlights the need for a multifaceted approach to prevention, combining religious, cultural, and comprehensive sexual education for children. Educating youth about religious prohibitions and health risks can reduce their vulnerability and prevent legal repercussions from norm violations. An integrated educational approach in Aceh, which includes collaboration between educators, religious leaders, and policymakers, is crucial. This holistic curriculum would promote healthier and more informed lifestyles among young people, addressing both religious and health education needs.

Improving Thinking Skills Through Usul Al-Fiqh Learning: An Action Research on Prospective Islamic Religious Education Teachers

As part of the study of Islamic law, ushul fiqh demands that one be able to practically handle religious issues by using the ulama's defined principles of Islamic law. Applying Islamic legal theory practically calls for critical thinking abilities. Therefore, this research aims to find a learning formulation in Ushul fiqh that integrates efforts to improve thinking skills. To achieve this goal, action research was chosen as a research design which was carried out in three research stages, namely pre action, implementation action and post action. This design was chosen considering that the context of this research is oriented towards finding solutions to learning problems. This research involved 35 prospective Islamic religious education teachers who took Ushul Fiqh courses from one of the government-owned Islamic universities, which is quite popular in Indonesia. Data was collected through surveys and semi-structured interviews which were analyzed using a descriptive quantitative approach and qualitative with content analysis. This research produced seven stages as learning formulations that need to be implemented in the ushul fiqh learning process. The study concludes that the proposed seven steps effectively elevate students' thinking skills to the Higher Order Thinking Skills (HOTS) level while applying usul al-fiqh principles. The findings suggest a promising pedagogical approach for cultivating advanced thinking skills within the context of Islamic law education. The main contribution of this study is to present a practical methodological guide regarding the steps for teaching usul fiqh, which is oriented toward improving students' thinking skills.

Феномен социокультурных эффектов юридического образования (на примере исследования эффект-изменения и эффекта информационного взаимодействия образовательной среды)

Attention to the problem of studying the socio-cultural effects of legal education as a phenomenon that contributes to the formation of a law student’s personality is due to modern processes of transformation of social relations (a change in the attitude towards the spiritual and moral foundations and cultural and historical heritage of Russian society at the state level). The aim of the article is to identify and characterize the socio-cultural effects of legal education on the basis of the analysis of the specifics and capabilities of a law school in changing conditions. The article comprehensively studies the problem of socio-cultural adaptation of the younger generation in the conditions of higher education in law. The role of legal education in the socialization of a student’s personality provokes scientific interest. The scientific novelty of the study lies in the fact that it attempts to define the socio-cultural value of legal education as an effect of change and as an effect of informational interaction in the educational environment. As a result of the study, the specifics of socio-cultural aspects of legal education, a number of effects of socio-cultural interaction, such as effects of change, were identified; positive and negative effects of socio-cultural interaction in the educational information space were defined; in addition, basic manifestations of the socialization of a student’s personality were identified.

The Difficulty and Should of School-Enterprise Cooperation in Vocational Colleges -- Based on the Implementation Background of China s Vocational Education Law

School-enterprise cooperation is an inherent requirement for the development of vocational colleges, and it is also one of the strategic measures to promote national prosperity and strength. Based on the implementation of the Vocational Education Law of the People s Republic of China, this paper discusses the feasibility of school-enterprise cooperation in vocational colleges, and explains the reasons for the difficulty of school-enterprise cooperation in vocational colleges from the school level, the enterprise level, the government level and the student level. Based on four aspects, the paper summarizes the should way of school-enterprise cooperation in vocational colleges.

Legal Education in Pakistan: An Overview of Stakeholders’ Perception

Abstract Legal education plays a vital role in the country’s justice system. The graduates with good quality of law education have a great impact on the quality of the judiciary, Bar, and Bench. There is a general perception amongst the stakeholders comprising of that the present legal education in Pakistan does not satisfactorily match the needs of the country. Thus, it needs to be reviewed and reformed. In line with this, the objective of the current qualitative study is to analyze the opinions of stakeholders. The article ends with recommendations for improvement in legal education as advocated by the stakeholders.

Right to learn in the digital age: Challenges and protection in China

The right to learn is a fundamental human right that can be summarized as a personal entitlement to acquire knowledge, increase one's wisdom, and fully develop inherent capacity through various learning approaches and activities. With the advent of the information age, the notion of right to education is unable to meet the needs of the development of human beings and society. Thus, introducing a concept with a rich connotation, namely, the right to learn is necessary. However, this right has not been stipulated and protected by constitutional law in most countries. The development of digital technology and artificial intelligence not only brings great opportunities for its realization, but also poses challenges to this right. In China, the economic and digital gap has led to the unequal and uneven development of the right to learn, while the rigid internet review system and expectations of digital copyright protection have hindered this right. To address these challenges in the information era, the government should address the right to learn as a fundamental right and establish a protection system in China's education law. Moreover, it should improve the fair use of the copyright system and strike a balance between the right to learn and copyright. In addition, emerging management rights and the equitable distribution of e-learning resources and digital infrastructure are essential to the right to learn.

Effective communication in a crisis requires advance planning

CLEARWATER BEACH, Fla. — From cybercrime, on‐campus violence, student deaths, and natural disasters to academic scandals and faculty/staff misconduct, there's no shortage of potential crises that can hit college campuses. In the midst of a crisis, higher education administrators often find themselves unprepared to manage communications effectively, which only exacerbates the problem, according to James Haggerty, J.D., CEO of PRCG/Haggerty LLC, a strategic crisis communications firm. He spoke at Stetson University's Annual National Conference on Higher Education Law and Policy.

A New Approach to Islamic Inheritance Law Education in Pesantren

Ilmu mawarits, or Islamic inheritance law, holds significant importance in Muslim communities as it ensures the fair distribution of a deceased person's estate in accordance with the Qur'an and Hadith. Despite its importance, the study and application of ilmu mawarits are often neglected in modern times, leading to conflicts and misunderstandings within families. The Centre for Mawarith Studies (CMS) at Universitas Darussalam Gontor aims to address this issue by implementing innovative educational approaches to enhance the understanding and application of Islamic inheritance law. This research aims to explore the thoughts and movements of CMS in educating ilmu mawarits within pesantrens, providing insights into its innovative curriculum, teaching methods, and the overall impact on the community's understanding of Islamic inheritance law. A qualitative case study method was employed at the CMS of Universitas Darussalam Gontor. Data were collected through in-depth interviews, participatory observations, and document analysis involving 30 participants, including CMS administrators, educators, and students. Thematic analysis was used to analyze the data, ensuring validity through triangulation techniques. The findings reveal that CMS has significantly influenced the approach to teaching ilmu mawarits by focusing on practical applications and interactive learning methods. This approach has successfully enhanced the understanding and skills of students, making Islamic inheritance law more accessible and applicable in daily life. The study recommends further development of innovative educational methods and the integration of practical applications in the teaching of ilmu mawarits. Additionally, expanding CMS programs to other Islamic educational institutions could further promote the understanding and application of Islamic inheritance law across broader communities.

Theoretical Evaluation and Application of Case Law Teaching in General Principles of Commercial Law

The General Principles of Commercial Law is a general summary and abstraction of the normative system of commercial law, which is of great guiding significance for the rules of adjudication of disputes in commercial practice in reality, and the lack of general commercial law norms makes the research and teaching of the General Theory of Commercial Law particularly important. The study of general commercial law is undoubtedly of more fundamental significance than the study of specific areas of commercial law. With the development of social economy, commercial law embodies more and more technical and practical, and the cultivation of commercial legal talents is more and more oriented to the employment demand, case study teaching has advantages in the teaching of general commercial law and should be emphasized. In the case teaching of general commercial law, the irrevocability of securities trading results can clearly reflect the style of commercial law to protect the security of transactions. The proportion and priority of case teaching in the teaching of general commercial law should be emphasized.

Predicted impact of banning nonessential, energy-dense food and beverages in schools in Mexico: A microsimulation study.

Childhood obesity is a growing concern worldwide. School-based interventions have been proposed as effective means to improve nutritional knowledge and prevent obesity. In 2023, Mexico approved a reform to the General Education Law to strengthen the ban of sales and advertising of nonessential energy-dense food and beverages (NEDFBs) in schools and surroundings. We aimed to predict the expected one-year change in total caloric intake and obesity prevalence by introducing the ban of NEDFBs sales in schools, among school-aged children and adolescents (6 to 17 years old) in Mexico. We used age-specific equations to predict baseline fat-free mass (FFM) and fat mass (FM) and then estimated total energy intake (TEI) per day. The TEI after the intervention was estimated under 4 scenarios: (1) using national data to inform the intervention effect; (2) varying law compliance; (3) using meta-analytic data to inform the intervention effect size on calories; and (4) using national data to inform the intervention effect by sex and socioeconomic status (SES). We used Hall's microsimulation model to estimate the potential impact on body weight and obesity prevalence of children and adolescents 1 year after implementing the intervention in Mexican schools. We found that children could reduce their daily energy intake by 33 kcal/day/person (uncertainty interval, UI, [25, 42] kcal/day/person), reducing on average 0.8 kg/person (UI [0.6, 1.0] kg/person) and 1.5 percentage points (pp) in obesity (UI [1.1, 1.9] pp) 1 year after implementing the law. We showed that compliance will be key to the success of this intervention: considering a 50% compliance the intervention effect could reduce 0.4 kg/person (UI [0.3, 0.5] kg/person). Our sensitivity analysis showed that the ban could reduce body weight by 1.3 kg/person (UI [0.8, 1.8] kg/person) and up to 5.4 kg/person (UI [3.4, 7.5] kg/person) in the best-case scenario. Study limitations include assuming that obesity and the contribution of NEDFBs consumed at school remain constant over time, assuming full compliance, and not considering the potential effect of banning NEDFBs in stores near schools. Even in the most conservative scenario, banning sales of NEDFBs in schools is expected to significantly reduce obesity, but achieving high compliance will be key to its success. - School-based interventions have been recognized as effective means to improve nutritional knowledge and prevent obesity-related diseases.- In December 2023, the Chamber of Representatives of Mexico approved an amendment that strengthens and updates the General Education Law (Article 75) and nutritional guidelines to ban the sales and advertising of nonessential energy-dense food and beverages (NEDFBs) in schools. - We used age-specific equations to predict baseline fat-free mass (FFM) and fat mass (FM) and total energy intake (TEI) per day.- We used microsimulation modeling to predict body weight and obesity prevalence of children and adolescents 1 year after implementing the intervention in Mexican schools.- Our modeling study suggests that an important impact on obesity prevalence can be expected if the law is implemented and enforced as intended. - If successful, this law could serve as an example beyond Mexico on how to achieve changes in body weight through school food regulation.- An important limitation of our main scenario is that we assumed full compliance of schools with the law, yet lower compliance will reduce its impact. We also did not consider historical trends on obesity or NEDFBs consumed in schools during our 1 year simulation, and we considered only the ban impact inside schools, excluding effects near and outside schools.

A Study the Criminal Law Teaching Approach to Promote "Three Recognitions" through "Three Qualities"

The cultivation of professional knowledge and skills, as well as the effective education of people, are not only the functions of criminal law teaching but also its significant responsibilities. During the teaching process, the basic needs of the first level, encompassing knowledge, methods, emotional input, and output, and the second level, involving ethics education's progression from point-to-point to face-to-face interactions, have already been established. Nevertheless, the relationship between criminal law teaching and the cultivation of legal talents has been selectively overlooked, leading to a lack of a visible holistic perspective, consciousness perspective, and overall perspective in criminal law teaching. This has hindered the first two levels from fully realizing their potential effectiveness. Under the overarching concept of promoting "three recognitions" through "three qualities," an effective connection is established among the academic, regularity, practical aspects，course recognition, identity recognition, and professional recognition, facilitating the transformation and metamorphosis from the first level of basic teaching needs and the second level of actual expansion to the third level of aggregation. Specifically, the promotion of students' course recognition is achieved through regularity, their identity recognition through academic quality, and the construction and development of their professional recognition through practicality. The realization of "three recognitions" aims to continuously achieve the completeness and effectiveness of the cultivation of legal talents.

Realizacja prawa wglądu do sprawdzonej i ocenionej pracy egzaminacyjnej z egzaminu maturalnego przez osoby z niepełnosprawnościami

The article cites the procedure for inspecting the graded examination paper of the Matura exam conducted in Poland in accordance with Article 44zzz of the Act of 7 September 1991 on education system, pointing out the inadequacy of this procedure to the needs of persons with disabilities. The author presents the still existing problem of duplication law and its impact on the state administration, resulting in this work from the analysis of acts issued in the field of education law. The thesis of the insufficiency of regulations in this area, as presented in the article, also highlights the solutions resulting from the Directory, which ignore – with one exception – the need to adapt this procedure to persons with near-complete disabilities, which is a potential violation of the principles stemming from the Polish Constitution and international law.

The Structuralist Study of Constitutional Law: a New Paradigm in Teaching Law

The aim of this paper is the structuralist study of constitutional law teaching: the organization of constitutional law based on the three foundations of neoconstitutionalism. The systemic vision of the legal system involves not only perceiving the Law as a whole but visualizing all this from a fundamental law that serves as an interpretive basis. It’s conceived that constitutional law, in a broad sense, encompasses constitutional theory and constitutional law. It’s subdivided into separation of powers, balance between powers, and guarantee of rights. All other themes, in this regard, would derive from these three bases. It involves the organization of powers, control of constitutionality, and fundamental rights. Thus, for example, the study of the organization of each of the powers, the control of constitutionality and fundamental rights, correspondingly. This format allows a holistic view of constitutional law and the constitutions.

基于BOPPPS 教学法的高校电子商务法律课程教学改革探究

With the rapid development of the Internet era, e-commerce has changed people’s shopping concepts and ways, and has become the most important shopping and consumption channel. As China’s e-commerce industry continues to standardize, unify and standardize, e-commerce enterprises and platforms for talent demand standards are also constantly improving, not only require students to have a solid basic knowledge and professional skills, but also need to have a deep e-commerce legal awareness and cognition. In this context, this paper carries out research. By analyzing the practical problems and learning situation of E-commerce Law teaching in colleges and universities, it proposes the teaching reform strategies and paths of E-commerce Law teaching based on BOPPPS teaching method, so as to consolidate students’ awareness of E-commerce Law and lay a foundation for their employment development.

PERLINDUNGAN HUKUM BAGI KONSUMEN PADA TRANSAKSI JUAL BELI HEWAN KURBAN MENURUT HUKUM ISLAM

This article aims to examine the legal protection for consumers in the sale and purchase of qurban animals provided by Kutaraja Aqiqah as a business actor to its customers (consumers) according to Islamic law. The research method used is qualitative research, namely solving problems by collecting, compiling, analysing, and interpreting the data that has been obtained. The phenomenon that occurs about consumer protection in Kutaraja Aqiqah demands descriptive analysis and answers. This can be fulfilled by describing the conditions and situations, as well as answers related to the problems in the phenomenon. The results of this study conclude that first, the mechanism of buying and selling transactions in kutaraja aqiqah follows the teachings of Islamic law, several types of livestock buying and selling transactions in kutaraja aqiqah such as cash, salam contracts, down payments, and qurban arisan. Second, the form of protection provided by kutaraja aqiqah according to Islamic law is in accordance with sharia which is also beneficial for business actors in attracting the attention and interest of purchasing power of customers

Language rights and factors affecting the written choice of ethnic minorities: The case of H’mong script in Vietnam

The article outlines and discusses aspects of language rights as a component of human rights. The article affirms that the Party and the Government of Vietnam always support the rights of all ethnic groups in preserving and promoting their cultural identity, which is reflected in the Constitutions and Laws (such as the Law of Education), Decrees and Circulars, ensuring the harmonious development of each ethnic group in the sustainable development of the country, ensuring the rights and obligations of each ethnic group in a multi-ethnic and multi-language country, ensuring unity in diversity. The article also introduces several core points in the linguistic rights of ethnic minorities, aiming to preserve languages in danger and create conditions for ethnic minorities to promote their values in preserving national identity and cultural values. In the language right, there is the right to choose the script. Based on the approach of P. Unseth (2005) [1] to factors affecting script choice when more than one script exists, the paper discusses the case of Hmong script choice in Vietnam as a case study.