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The United States is in the midst of historic experiments with publicly funded choice in K-12 education, experiments that recently received a "green light" from the Supreme Court. Other nations have long experience with the funding and regulation of nonpublic schools, including religious schools. This book asks what U.S. policymakers, public officials, and citizens can learn from these experiences. In particular, how do other countries regulate or structure publicly funded educational choice with an eye toward civic values —looking not only for improvements in test scores, but also in tolerance, civic cohesion, and democratic values such as integration across the lines of class, religion, ...
This timely book is about raising awareness of the rights of disabled people to full equality and participation in all areas. It aims to show that disability is an issue of concern to all of us. It is for university faculty staff teaching courses on education law and policy and serves as a resource for students conducting research, government officials, and professionals in these fields.
Since the early Eighties a number of themes have dominated the landscape of higher education, among them budget cuts, rationalisation in provision, accountability and quality control, closer links between higher education and the region, and a greater alertness to changes in economic and social policy. At the institutional level, the drive towards a greater degree of latitude and autonomy has found a ready echo among universities and other establishments of higher education. And this, in its turn, has posed major questions about the range of responsibilities central government and administration ought to retain or to delegate. Here is an in-depth treatment of the important legal issues emerging from these developments.
School choice has lately risen to the top of the list of potential solutions to America's educational problems, particularly for the poor and the most disadvantaged members of society. Indeed, in the last few years several states have held referendums on the use of vouchers in private and parochial schools, and more recently, the Supreme Court reviewed the constitutionality of a scholarship program that uses vouchers issued to parents. While there has been much debate over the empirical and methodological aspects of school choice policies, discussions related to the effects such policies may have on the nation's moral economy and civil society have been few and far between. School Choice, a ...
The push towards greater autonomy is one of the three main trends in every modern educational policy, alongside quality assurance and quality evaluation techniques and the need to devote attention to special — and often disadvantaged — target groups. It is, however, difficult to derive a unified concept of `autonomy’ from the comparative indicators which are published on a regular basis and it has emerged that there are significant differences depending on the specific area and the administrative organisation of education in the country in question. During the discussions of the annual Congress of the European Association for Education Law and Policy (ELA) in Salzburg (1998) it was app...
Over the last few years, Orthodox Jewish private schools, also known as yeshivas, have been under fire by a group of activists known as Young Advocates for Fair Education, run by several yeshiva graduates, who have criticized them for providing an inadequate secular education. At the heart of the yeshiva controversy lies two important interests in education: the right of the parent to choose an appropriate education, which may include values-laden religious education, and the right of each child to receive an appropriate education, as guaranteed by the state. These interests raise further questions. If preference is given to the former, how much freedom should be given to a parent in choosing an appropriate education? If the latter, how does the state define what constitutes an appropriate education or measure the extent to which an appropriate education has been achieved? And when can—or must—the state override the wishes of parents? The purpose of this book is to explore these difficult questions.
This book deals with the theoretical and empirical questions of federalism in the context of five case studies: Austria, Belgium, Canada, Germany and Switzerland. The central argument is that in the long run the political institutions of federalism adapt to achieve congruence with the underlying social structure. This change could be in the centralist direction reflecting ethno-linguistic homogeneity, or in decentralist terms corresponding to ethno-linguistic heterogeneity. In this context, the volume: fills a gap in the comparative federalism literature by analyzing the patterns of change and continuity in five federal systems of the industrial west, this is done by an in-depth empirical examination of the case studies through a single framework of analysis illustrates the shortcomings of new-institutionalist approaches in explaining change, highlighting the usefulness of society-based approaches in studying change and continuity in comparative politics. Explaining Federalism will be of interest to students and scholars of federalism, comparative government, comparative institutional analysis and comparative public policy.
In the centre of the whole educational cosmos stands the pupil, the student. He or she has rights, sanctioned by a national and international judicial apparatus. The freedoms of parents, teachers and education establishments are functional in the service of the rights of the "user of education", as is the government's assignment. They hold a joint responsibility with regard to the right of a young person to be educated, and a fortiori of the school-age young person. The context in which education takes place is nevertheless undergoing major change. In recent times, schools have been presenting themselves more as brittle social institutions, sensitive to internal and external conflicts. If ev...
Just how fascinating the discussion between the disciplines of education law and education policy can be was apparent at the Annual Congress of the European Education Law and Policy Association (ELA) in Rotterdam in December 1997. Although, on this occasion, the option was for an education policy subject, a multidisciplinary approach is always to be preferred. Policy-makers interrogate lawyers; lawyers question scientists from other fields of study and lines of practice. It was, at the same time, a further illustration of how inspiring and productive - in the context of the European Union at any rate - comparative analyses can be for national and international education and social policy. The theme of the 1997 Congress and consequently of this Yearbook, was urban education policy and its legal form as the touchstone of the modern interpretation of individual and social rights. This collection of thought-provoking essays and country reports thus centres on the question: what challenges for education do urban associations represent?