The purpose of the study was to trace the historical and legal development of the financial support system for public elementary and secondary education in West Virginia from 1863 through November, 1984. In addition, the study provided a compiled source of data on selected aspects of the West Virginia school support system which had bearing upon the 1975 legislation that successfully challenged the constitutionality of the state school finance system. In the case of Pauley et al. v. Bailey et al., the method of financing public schools in West Virginia was declared unconstitutional on May 11, 1982, and the court directed the Legislature to completely redesign the West Virginia system of public school finance. In order for the educational and legislative leaders to fulfill meeting the court's criteria, an awareness of the changes and carryover of past doctrines and practices into the present situation was deemed to be of great importance. The study provided a historical review of significant legislation and cases affecting the evolution of the West Virginia school finance system. Designated periods of time in education history were presented through the utilization of both a chronological and topical approach. Evaluative criteria, such as equity in funding, adequacy in educational opportunity, efficiency of organization, and formula alterations were incorporated into the study in order to identify the significant changes in the developmental process of school finance. / Ed. D. / incomplete_metadata

The purpose of this study was to provide an analysis of the laws affecting boards of education in the public schools of Virginia. The Constitution of Virginia, state statutes, attorney general opinions, court decisions and regulations of the State Board of Education were utilized in the analysis. Topics were selected for this study on the basis of the volume of litigation surrounding the subject in Virginia. The major topics included in the study were: (a) The Legal Authority for Public Education, (b) School District Property, (c) The Legal Basis for Financing Education, (d) School District Liability, (e) Compulsory Attendance and (f) Religious Instruction. The appropriate statutes, attorney general opinions, court decisions and State Board of Education regulations were applied to each topic to determine the law encompassing the topic. As a result of this study the following rather general conclusions were made: 1. The local school board in Virginia is a quasi-corporation which exercises only those powers and duties granted from the Constitution or specific statutes or which may be fairly implied from statutes. 2. A board of education has authority to acquire property for school purposes by purchase, lease, donation, eminent domain and adverse possession. A board has discretion in allowing school property to be used for community and general purposes but must not act in an arbitrary or capricious manner. School property may be disposed of by sale, lease and by reversion and reconveyance to the original granter. 3. School boards in Virginia are fiscally dependent on the local governing body. Cities and towns have a debt limit of 18 percent of the assessed value of real estate. Counties have no specified debt limit but in general must seek voter approval to incur debt. Property tax is the major source of revenue to finance education in Virginia. 4. A board of education in Virginia is immune from suit in tort liability. However, school boards must carry liability insurance for the transportation of pupils but this does not affect their immunity in other areas. 5. Under Virginia law children must attend public school, a private, denominational or parochial school, or have tutoring at home by a tutor meeting certification. Violation of the compulsory attendance statute by parents or guardians is a criminal offence. 6. Religious exercises in the public schools are unconstitutional. Religious instruction is permissible for students during the school day if held off school property. The findings of this study have led to the following recommendations: 1. The findings of this study may be used to train potential and present school board members, administrators, and teachers. 2. The findings of this study could be used to develop a legal handbook for board members, administrators and teachers. 3. Further study should be conducted to: (a) analyze the laws affecting boards of education in topics not included in this study. (b) compare the findings of this study with actual practices of boards of education. / Ed. D.

The purpose of this study is to determine to what extent the present laws for distributing the public school funds meet certain criteria set up for apportioning the public school funds of Texas.

This dissertation examines the impact of the 1992 Georgia Tort Claims Act on educators in court decisions involving liability cases against Georgia school districts and/ or their respective employees. By examining pertinent court cases in which Georgia educators were, for the first time, subjected to potential litigation, the researcher outlines circumstances in which educators can and should be held liable for their actions. Additionally, the researcher analyzes the Tort Claims Acts of Texas, Oklahoma, and Mississippi as well. This analysis allows the researcher to contrast the types of litigious actions that educators in each of these states are held liable. Findings include the types of actions in which educators in each of the respective states are subject to liability. Case study analysis of randomly selected court cases involving tort liability, provides the infrastructure for in-depth research allowing the following questions to be addressed: (1) How have Georgia courts interpreted the Georgia Tort Claims Act in litigation against school personnel and school districts? (2) How do tort liability rulings, involving school personnel or districts, in other states within the United States compare with similar cases filed in Georgia since 1992? The Georgia Tort Claim Act of 1992 propelled an array of circumstances in which educational entities would be held liable for their actions. This research clearly explains the types of actions in which educators in the state of Georgia are subject to suit and to what degree they are subsequently held liable. Case study research also uncovered specific areas in which Georgia educators can be held liable. Specific research involving actions deemed either ministerial or discretionary are detailed specifically through case analysis. Additionally, the degree to which liability insurance provides protection for educational entities or their respective employees is also addressed in this research in order that state-by-state comparisons can be understood.

In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers. / Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels. / First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity. / Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors. / We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.

No description available.

This study was conducted to analyze the effect of implementation of Texas House Bill 72 on budgets of selected Texas public school districts and to ascertain educational benefits to students derived from implementation of the bill as perceived by superintendents. Questionnaires were sent to superintendents of the Region 10 Education Service Center to determine perceived educational benefits to students. A demographic data sheet provided information for classifying respondents by educational experience, superintendent experience, and district enrollment classifications. Sixty-two districts responded. Official public school budget data for each district were analyzed for fiscal years 1983 through 1986 as were data from the questionnaire. Overall statistical information was gleaned through CONDESCRIPTIVE. Mean total expenditures, mean total tax rate, and state fiscal aid data were compiled, tabulated, and reported for each enrollment classification and entire sample. In addition, a t-test between the difference of two independent means at a probability level of .05 was applied. The two independent means were the averages of data for the two years prior to and after implementation of the law for expenditures, tax rates, and state fiscal contributions. Data comparing local and state expenditures were compiled, tabulated, and reported for each group to compare local and state fiscal effort prior to and after implementation. One-way analysis of variance was used to compare demographic variables with perceived educational benefits. Item and factor analyses were applied to establish reliability.

Made available in DSpace on 2017-07-21T20:31:59Z (GMT). No. of bitstreams: 1 Daniele Ditzel Mattioli.pdf: 1256902 bytes, checksum: a48d473c504b243072c89417300eaca7 (MD5) Previous issue date: 2012-12-12 / This study focuses on the comprehension of how the Child and Adolescent Statute is dealt with in public schools in the Paraná Education System, in Ponta Grossa,regarding the paragraph 5th, article 32 of the Brazilian Guidelines and Bases for Education, which determines that the elementary school curriculum address the children and adolescents rights based on the Child and Adolescent Statute. It aims to verify how the Child and Adolescent Statute is materialized in the school life in public Schools in Paraná State, in the city of Ponta Grossa, in 2012. It also seeks: 1) to discuss the right to education in Brazil as seen by the education in rights; 2) to analyze the Child and Adolescent Statute in its relation with international instruments of chil‟ren's protection; 3) to recognize the Child and Adolescent Statute as a pedagogical tool for the education in values and development of children‟s and adolescents‟ autonomy. The first chapter addresses the public and subjective right to education and the Educational Law as the systematized juridical branch which gives the instruments to the participants involved in the education process. It also discusses the education in rights as a public policy enacted by the National Plan of Education in Human Rights, based on Benevides (2011), Bobbio (1992; 2000), and Dallari (2004) contributions. The second chapter develops an analysis of the international documents of defense of Human Rights of Children and Adolescents and the Child and Adolescent Statute based on Digiácomo (2010), Ishida (2011), and Comparato (2008) studies. The third chapter presents a study on education in the Brazilian Federal Constitution, based on the Brazilian Guidelines and Bases for Education and on the Child and Adolescent Statute, and the analysis of data collected. The methodology employed was explanatory research with a qualitative approach, developed based on the dialectic method from categories of the right to education and considering citizenship in childhood. For data collection, a questionnaire was applied to 39 (thirty-nine) State schools in Ponta Grossa-PR. The study allows to state that: a) the Children and Adolescent Statute is present in the school life, even if in disagreement with the current educational law, once it has been worked detached from the curriculum through lectures, debates, projects and in pedagogical meetings; b) education is recognized as a public subjective right and the education in rights as an educational process for the active citizenship development, based on the principle of human dignity; c) the approval of the Child and Adolescent Statute in the 1990s corresponds to the concretization of the Brazilian State Commitment in the international community with the defense of human rights of children and adolescents; d) there is some resistance of educational agents to recognize the Child and Adolescent Statute as a pedagogical instrument due to the lack of knowledge of its principles, along with the belief that it withdrew the authority of parents and teachers, as well, as the use of its institutions for the immediate solution of school problems, mainly regarding lack of discipline, in detriment of the children and adolescents‟ total protection which is one of its fundaments. / Esta pesquisa concentra-se em compreender de que forma o Estatuto da Criança e do Adolescente se faz presente nas instituições públicas de ensino da Rede Estadual de Educação do Paraná, na cidade de Ponta Grossa, em razão do disposto pelo §5º do artigo 32 da Lei de Diretrizes e Bases, que determina para o currículo do Ensino Fundamental o trabalho com conteúdo que trate dos direitos de crianças e adolescentes, tendo como diretriz o Estatuto da Criança e do Adolescente. Objetivou-se verificar de que forma o Estatuto da Criança e do Adolescente é vivenciado no cotidiano escolar das instituições de ensino da rede pública do Estado do Paraná, na cidade de Ponta Grossa, no ano de 2012. Buscou-se, também, 1) discutir o direito à educação no Brasil sob a perspectiva da educação em direitos; 2) analisar o Estatuto da Criança e do Adolescente na sua relação com instrumentos internacionais de proteção à infância; 3) reconhecer o Estatuto da Criança e do Adolescente como instrumento pedagógico para a formação em valores e em desenvolvimento da autonomia de crianças e adolescentes. O primeiro capítulo contemplou o direito público e subjetivo à educação e o Direito Educacional como ramo jurídico sistematizado com vistas a instrumentalizar atores e instituições envolvidos na relação educacional. Foi ainda discutida a educação em direitos como política pública instituída pelo Plano Nacional de Educação em Direitos Humanos, a partir das contribuições de Benevides (2011), Bobbio (1992; 2000), Dallari (2004). O segundo capítulo ocupou-se da análise dos documentos internacionais de defesa dos direitos humanos de crianças e adolescentes e do Estatuto da Criança e do Adolescente com base nos estudos de Digiácomo (2010), Ishida (2011), Comparato (2008). No terceiro capítulo realizou-se um estudo sobre a educação na Constituição Federal, na Lei de Diretrizes e Bases e no Estatuto da Criança e do Adolescente, além de tratar da análise de dados coletados. A metodologia empregada foi a da pesquisa explicativa de abordagem qualitativa, desenvolvida com base no método dialético a partir das categorias do direito à educação e da infância cidadã. Para a coleta de dados utilizou-se o questionário aplicado em 39 (trinta e nove) instituições de ensino estaduais de Ponta Grossa. Esta pesquisa permite afirmar que: a) ainda que em desacordo com a legislação educacional vigente, uma vez que trabalhado de forma dissociada do currículo através de palestras, debates, projetos e em reuniões pedagógicas, o ECA se faz presente no cotidiano escolar; b) a constatação da educação como direito público subjetivo e da educação em direitos como processo de formação para o exercício da cidadania ativa, alicerçada no princípio da dignidade humana; c) a aprovação do ECA na década de 90 corresponde à concretização dos compromissos assumidos pelo Estado Brasileiro frente à comunidade internacional na defesa dos direitos humanos de crianças e adolescentes; d) a resistência dos agentes educacionais em reconhecer o ECA como instrumento pedagógico devido à falta de conhecimento de seus princípios, somada à crença de que este retirou a autoridade de pais e professores, bem como, o uso pontual de seus institutos para solução do problemas imediatos do cotidiano escolar, em especial a indisciplina, em detrimento da proteção integral de crianças e adolescentes que constitui seu fundamento.

The purpose of this paper was to prove that the Fabians were a political pressure group and that Fabian methods were responsible for the enactment of the 1902 Education Act that nationalized education in England. Also that Sidney Webb played far greater and more significant part in the formulation of the actual Bill than did Robert Morant, who is usually credited as the person responsible for the Bill. It seemed to me that it was necessary to trace the evolving educational system in England; therefore, I made the arbitrary decision of beginning with the “Sunday school” which I view as the beginning of "education for all.” It was necessary to select the elements of the social and political affairs that I felt pertained to the subject as I dealt with it. There are situations that have been omitted, and there were times when it was difficult not to digress into areas of lesser significance. Therefore, the paper is divided into two sections: the first section traces the historical pattern of the emergence of education for the common people; the second section is devoted to the active involvement of the Fabians and covers a much shorter span historically. The first part of the paper traces the dual system of education that consisted of the “board” schools, which date from 1870, and the “voluntary” schools. Although the “voluntary” schools are as old as the Christian Church in England, the development of the “voluntary " system for the purpose of this paper, begins at the time of the Wesleyan rift with the Church of England. It was from that time that the voluntary schools developed into “denominational” schools and as a consequence, reflect the power struggle that developed between the landed gentry and the entrepreneurs as a result of industrialization. Throughout the nineteenth century, the ever extending franchise brought with it an increasing demand for change in the educational system in England. The second part of this paper deals with the manner in which the Fabians, as a pressure group, influenced the enactment of the 1902 Education Act. It is my thesis that the basic structure of the act was outlined originally by Sidney Webb and that Fabian Tract No. 106 was the primary model used by the Conservative government in formulating the Bill. Inasmuch as the educational system of England is still in the process of fulfilling the suggestions contained in the Act of 1902, perhaps from an historian's standpoint, it is too early to be definitive concerning the role of the Fabians. Nevertheless, enough material about the Fabians is available to prove their influence in securing the enactment of the Bill. Much more work needs to be done on the Fabians. They were a remarkable group of men and women whose impact in my judgment, is far greater than we are able, at present, to measure. Party politics are of recent origin and the Fabians belong to what some political scientists have termed the “third house” in the legislative process. The Fabians are a pressure group and the activity they carried on in regard to the Education Act, in my view, was a form of lobbying. It is from this viewpoint that I have dealt with the Fabians in this paper.

No description available.