Commentary on education law and policy
Detailed table of contents
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VOLUME 1:
EDUCATION, HUMAN RIGHTS AND LITIGATION IN EDUCATION
Chapter 1: The right to education in International Law
Details to follow
Chapter 2: The right to education in South Africa
1. Introduction: The Constitution as a transformative project
2. Legal and international framework
3. Development of education law and policy: Historical evolution
4. Judicial interpretation as transformative force
5. Current debates and critical reflections: Ongoing struggle for transformation
6. Conclusion: unfinished transformation project
Bibliography
Chapter 3: Access to Education
1. Introduction
2. Legal and constitutional framework
3. Non-discrimination as a dimension of access
4. Physical accessibility
5. Financial accessibility
6. Admission to public schools: legal principles and practice
7. Language and cultural inclusion within the broader access framework
8. Conclusion
Bibliography
Chapter 4: The right to language and culture
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Chapter 5: Alternatives to litigation
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VOLUME 2:
SCHOOL GOVERNANCE AND SCHOOL MANAGEMENT
Chapter 1: School governance
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Chapter 2: School finance
1. Introduction
2. School governing bodies’ financial management role in public schools
3. Management responsibilities of the principal
4. School funding and state obligations
5. Financial management and oversight
6. School fees and exemptions
7. Corporate governance in accountability and reporting
8. Additional remuneration (Section 38a)
9. Challenges and practical realities in financial governance
10. Recommendations
11. Further comments and recommendations integrating schools into the modern economy
12. Conclusion
Bibliography
Chapter 3: Administrative Law in Education
1. Introduction
2. Constitutional and legislative framework
3. Scope of administrative justice in education
4. Case law on administrative justice in education
5. Case law on key areas that require adherence to administrative law principles
6. Current challenges and debates in implementing administrative justice in education
7. Recommendations for strengthening justice in education
8. Conclusion
Chapter 4: Co-operative governance in Education
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VOLUME 3:
SCHOOL DISCIPLINE
Chapter 1: Legal context of school discipline
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Chapter 2: Disciplinary hearings
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VOLUME 4:
SCHOOL SAFETY
Chapter 1: School safety and the duty of care
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Chapter 2: Educator-on-Learner Violence
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Chapter 3: Learner-on-Learner Violence
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Chapter 4: Learner-on-Educator Violence
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Chapter 5: Infrastructure and workshops
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Chapter 6: Drugs, dangerous, weapons, and search and seizures
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Chapter 7: Sport
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Chapter 8: The digital world
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VOLUME 5:
LABOUR ISSUES IN EDUCATION
Chapter 1: Labour Law overview
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VOLUME 6:
INCLUSIVE EDUCATION AND VULNERABLE CHILDREN
Chapter 1: Inclusive education
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Chapter 2: Bridging the gap: Harmonising the right to basic education and social services in South African Schools
1. Introduction
2. Conceptualising social services in the educational context
3. International and regional legal instruments
4. Jurisprudence on schools’ obligation to provide access to social services
5. Adverse childhood experiences (aces) and the right to protection
6. The duty of inter-departmental collaboration
7. Educators and school social workers acting in loco parentis
8. Current debates
9. Conclusion
Bibliography
Chapter 3: Learners with disabilities
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Chapter 4: Learners from the LGBTQ community
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Chapter 5: Undocumented learners
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Chapter 6: Ancestral calling
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