Because of the impact of teacher strikes on education there has been a call to declare the teacher‟s profession an essential service and thus prohibit them from striking. This call was made by the Democratic Alliance (DA). The Democratic Alliance arguments in their application to the Essential Services Committee was based on the fact that education in South Africa is in a crisis and the life-altering inconvenience this caused for children. The combined teacher unions in the Education Labour Relations Council (ELRC) expressed their concerns over the DA‟s call for education to be declared an Essential Service. The Bill of Rights grants every employee the fundamental right to strike. This is an absolute and should always be exercised under certain controlled conditions, as stipulated by the Labour Relations Act 66 of 1995. Convention 87 of the International Labour Organising (ILO) recognises the right of trade unions, as an organisation of workers set up to further and defend their interest (Article 10), to formulate their programs and organise their activities (Article 3); this means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interest of their members. This constitutes the position that the right to strike is one of the legitimate and indeed essential means available to workers for furthering and defending their occupational interest. Balanced against the right of every teacher to strike is the right of everyone to have a basic education as set out in section 29 of the Constitution. In terms of section 29(1)(a) everyone has a right, enforceable against the state, to basic education. This creates a strong positive right. Aspects of the right to education are found in human rights treaties and declarations. This right to education is contained in article 26 of the Universal Declaration of Human Rights (1948) which states that “everyone has the right to education”. The International Covenant of Economic, Social and Cultural v Rights of 1966 covers the right to education comprehensively, especially article 13 and 14. In 1989 the Convention on the Rights of the Child further confirmed this right. The right to a basic education is further enhanced by section 28(2) of the Constitution “(a) child‟s best interest is of paramount importance in every matter concerning the child”. It is significant to note that in 2007 the Constitutional Court elevated the “best interest” principle to a right. This implies that the best interest of the child would be the decisive factor in each matter that affects the child. In deciding to declare the teaching profession as an essential service constitutional rights must be balanced. These are the right to strike, the right to a basic education and the best interest of the child principle.

The purpose of this study is to gather and to present information on the liability structure of our legal system in such a manner as to help the classroom teacher to understand more fully his legal responsibilities and thus relieve him of unwarranted fears regarding accidents and injuries resulting from classroom activities. It is hoped that this study will ultimately contribute to the security of those who read it and give encouragement to those who seek to enrich their classes by means of the experience type curriculum. / Typescript. / "A Paper." / "Submitted to the Graduate Council of Florida State University in partial fulfillment of the requirements for the degree of Master of Science." / "August, 1956." / Advisor: Edna E. Parker, Professor Directing Paper. / Includes bibliographical references.

No description available.

This dissertation examines the significance of the Kansas Tort Claims Act of 1979 on state of Kansas court decisions in litigation against Kansas school districts and their employees. Through providing a historical perspective of the adoption and abolishment of the doctrine of sovereign immunity in the United States, which subsequently led to the enactment of the Federal Tort Claims Act, and ultimately led to the Kansas Tort Claims Act, the researcher analyzes pertinent case law and scholarly commentary pertaining to school negligence litigation. The goal of the analysis is to answer the following research question: How have Kansas state courts interpreted the Kansas Tort Claims Act in litigation against state school districts and their employees? Although the KTCA provides citizens with a vehicle for redress against governmental entities by virtue of tort claims, the KTCA also provides immunities from liability for governmental entities and their employees under exceptions to the KTCA. Most notably, the discretionary function exception and the recreational use exception are two exceptions to liability applied in a significant number of tort cases against Kansas school districts and employees. The case law analysis provides explanations for the types of actions of negligence that Kansas courts have qualified for school district or school employee liability, and, when permitted, negligent actions that qualified for immunity under a KTCA exception to liability.

The purpose of this study was to develop guidelines for small school divisions in Virginia to use in preparing an orientation program which would meet the needs of the new school board members. These guidelines addressed state and local concerns which had been identified through the review of literature and a questionnaire which was completed by superintendents and school board members from small school divisions in Virginia. The questionnaire was distributed to all superintendents and school board members from school divisions with fewer than five thousand students. The contents of the guidelines were determined by those items which were identified as being essential by 50 percent or more of at least one of the respondent groups. The results from this study indicated that school board members and superintendents do agree on the majority of items that were essential to an orientation program for new school board members. Thirty-eight of the sixty-nine items were regarded as essential by both respondent groups. There were eight areas in which the superintendents and school board members disagreed. These areas were also included in the guidelines. As a result of this study a set of curriculum guidelines was developed which would assist small Virginia school divisions in preparing an orientation program for new school board members. The ultimate aim of these guidelines was to improve the effectiveness of the new school board member. / Ed. D.

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The focus of the study was to observe changes brought about by the implementation of Chapter 2 of the Education Consolidation and Improvement Act of 1981 in local jurisdictions of government when the disposition of federal funds were under local control. The study investigated the extent to which the six expressed intentions of Chapter 2, ECIA legislation were realized in 154 local education agencies in the state of Mississippi two years after implementation. Specifically, the six legislative concerns were to: * Reduce the amount of paperwork without reducing the quality of programs, * Equalize the distribution of federal funds without reducing the benefits to specific target populations, * Increase local discretion without diminishing prior program commitments to the original national priorities, * Increase the role of private education without raising the constitutional issue, * Reduce reporting and evaluation requirements without a commensurate loss of accountability, and * Reduce the constraints on SEAs in the planning of federally funded projects and programs without a loss of perceived quality in those programs. Data sources collected for analysis included: a mail survey, interviews with state and local school personnel, and supportive documents from both the state education agency and local school districts. The data was analyzed using descriptive statistics. From the study it was concluded that, while the goals of Chapter 2, ECIA legislation were admirable, they were replete with unintended consequences. Further, while many of the legislative objectives were met at the national level several of the objectives had differing effects in a state like Mississippi which exerted little SEA influence. / Ph. D.

This doctoral thesis deals with Panola County, a rural county in northwestern Mississippi. This historical-comparative study provides insight into the various social, economic, and political factors which have effected the development and diversity of education and schools in its two distinct school systems existing above and below the county's Tallahatchie River. Books, interviews, letters, newspapers, school records, state documents, United States census reports, the Mississippi Official and Statistical Register, Biennial Reports, school financial reports, school board minutes, and other local, state, and federal sources were scrutinized to determine these changes within the county. Based on an analysis of the information, starting in the 1830s, both sections of the county became resentful over a battle regarding the site of the county's seat and courthouse. Because of this dispute, resentment and bitterness developed between residents north and south of the river which resulted in producing diverse educational methodology, school growth, curricula, and school advertising. Because of the isolationism of the north portion of the county, residents refused, or were unable, to attract new industry which would increase their tax base to support the schools. During racial integration in the late 1960s the county's southern school district was provided the opportunity to co-operate with federal officials, black and white civic leaders, and community residents to form a more progressive school system. South Panola, like North Panola, initially did not desire integration, but by 1970 knew co-operation between all parties involved was necessary, and this decision aided the southern district in obtaining additional federal funding to make it one of the best school districts in the state. White residents in North Panola, refused to form a co-operative scheme between blacks, whites, and the federal government and chose instead to support the creation of private schools, further causing an environment leading to poor educational leadership, corruption, and the near disintegration of the school district by the 1990s / Educational Studies / D.Ed. (History of Education)

This doctoral thesis deals with Panola County, a rural county in northwestern Mississippi. This historical-comparative study provides insight into the various social, economic, and political factors which have effected the development and diversity of education and schools in its two distinct school systems existing above and below the county's Tallahatchie River. Books, interviews, letters, newspapers, school records, state documents, United States census reports, the Mississippi Official and Statistical Register, Biennial Reports, school financial reports, school board minutes, and other local, state, and federal sources were scrutinized to determine these changes within the county. Based on an analysis of the information, starting in the 1830s, both sections of the county became resentful over a battle regarding the site of the county's seat and courthouse. Because of this dispute, resentment and bitterness developed between residents north and south of the river which resulted in producing diverse educational methodology, school growth, curricula, and school advertising. Because of the isolationism of the north portion of the county, residents refused, or were unable, to attract new industry which would increase their tax base to support the schools. During racial integration in the late 1960s the county's southern school district was provided the opportunity to co-operate with federal officials, black and white civic leaders, and community residents to form a more progressive school system. South Panola, like North Panola, initially did not desire integration, but by 1970 knew co-operation between all parties involved was necessary, and this decision aided the southern district in obtaining additional federal funding to make it one of the best school districts in the state. White residents in North Panola, refused to form a co-operative scheme between blacks, whites, and the federal government and chose instead to support the creation of private schools, further causing an environment leading to poor educational leadership, corruption, and the near disintegration of the school district by the 1990s / Educational Studies / D.Ed. (History of Education)

No description available.