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1.
As new laws on education were gradually adopted in post-communist states after 1989, the countries also dealt with the problem of how to include home education in their own legislation. This article investigates the development of legislation on home education in five states of post-communist Central Europe: the Czech Republic, Slovakia, Slovenia, Poland and Hungary. This analysis of the legal environment for home education confirms on the one hand that these countries’ approach is similar in many aspects. Generally, laws tend to regulate home education rather strictly, all home-educated children must be enrolled at some school, and these schools are mandated by the state to serve as supervisory bodies for home-educated children. This legal arrangement puts the parents of home-schooled children in a very subordinate position in relation to the school. Despite these restrictions, however, the states have gradually opened up the option for home education to quite a broad pool of potentially interested people. On the other hand, the findings show that there are also significant differences between individual countries. These differences provide a good illustration of the fact that, despite historical, economic and cultural similarities, political institutions and state bureaucracies in individual states act autonomously, which leads to different policy outcomes.  相似文献   

2.
This paper reviews the literature on home education with reference to issues that may concern educational psychologists. It notes the fast growing number of families (at present, 1% of the UK school population) who have chosen to educate their school-aged children at home. The great majority of home-educated children are reported to be well adjusted and to be achieving highly. However, samples used to study home education have been self-selected and may not accurately reflect all home education practice. Possible reasons for home education are discussed, as well as the approaches to teaching and learning reported in the literature. Implications are outlined for the work of educational psychologists.  相似文献   

3.
Conclusions In education literature, there is often confusion between compulsory provision of education and compulsory schooling, falsely giving the impression that schooling is compulsory. This is not the case. Home education is permitted in some form or other in all the European countries studied except Germany.Where the alternative of home education is denied to children who are in difficulty, such as very young children of itinerant workers, or children who are school phobic, one has to question whether the good of the individual child is being considered, rather than the ideals or convenience of education administrators. Home education is a welcome alternative to those children who need it and benefit from it and there is no evidence in academic literature or general writing on education to suggest that home education does not usually offer a good alternative to the children involved, both academically and socially.Much research has been undertaken into home education in the US, there have been a few studies within the UK and a study in Switzerland of the laws which apply to home educators within each canton and an assessment of the numbers of home educated children in both Austria and Switzerland. In other European countries, there has been little or no research into the numbers of home educated children, the ways in which home educated children learn, efficient methods of monitoring home education, or whether home education is effective. Perhaps it is by looking more closely at these families that the effectiveness of schooling can be better assessed: fundamental questions can be asked about the added value of schooling.My preliminary investigations indicate that, with the exception of Denmark, where it is easy for parents to set up small schools with financial help from government, there are instances of home education in all the countries studied.  相似文献   

4.
Abstract

Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant constitutional or human rights norms? Why does Germany forbid home education? Why does the ECtHR uphold Germany’s position? What does this divergence imply about the right of home education and the jurisprudence of these courts? If the promise of human rights is individual liberty then a system that justifies or endorses state control of education for the purpose of cultural conformity can be said to be far too statist for a free and democratic society. In this article, I argue that both the German Constitutional Court (FCC) and the ECtHR have adopted an approach to education rights that is profoundly mistaken. I conclude that home education is a right of parents and children that must be protected by every state. Nations that respect and protect the right of parents and children to home educate demonstrate a commitment to respecting human rights; nations that do not, such as Germany and Sweden need to take steps to correct their failure to protect this important human right.  相似文献   

5.
The US charter school movement is based upon the supposition that granting individual public schools increased autonomy from state and district rules and regulations in exchange for more accountability will foster the creation of innovative, effective and efficient schools. However, while state charter school laws free these schools from various state and district rules and regulations, the schools must still operate within the civil rights parameters legislated by federal statutes. Of particular import are federal laws that guarantee that children with disabilities receive a free appropriate public education. Project SEARCH, a 3 year qualitative study of special education in US charter schools revealed that there is a fundamental philosophical gap between the individualised, autonomous nature of charter schools and the highly regulated nature of special education. The philosophical gap is complicated by some charter schools' inability to amass the fiscal and human capacity needed to meet the needs of individual children with disabilities.  相似文献   

6.
美国教育立法研究   总被引:1,自引:0,他引:1  
美国是世界上典型的法制化国家之一。法律已经成为其社会运转良好的基石。研究发现,在美国经济发展的不同阶段,就会有不同的教育立法出现。同时,对于美国这样一个地方分权制的国家来说,教育立法的权力是归联邦政府还是地方各州,联邦政府颁布的有关教育方面的立法和各州所制定的教育立法又有何不同,都是值得研究的地方。  相似文献   

7.
长期以来,在国际私法领域,各个国家著作权法律冲突遭到忽视,甚至一些学者认为著作权的法律冲突不存在。本文拟对各国著作权法律冲突和法律适用法加以分析研究,对我国著作权法律适用法的构建和完善提供一定的建议。  相似文献   

8.
This paper discusses the various definitions of home education and how the term can give rise to misinterpretations. In addition it covers recent changes to legislation and policy relating to home education in some European countries, such as France, Ireland, Luxembourg and Belgium. These changes have been based on a misunderstanding of the nature of home education. Little attention has been paid to the difference between children who are absconding from school and those who are being conscientiously educated by their parents at home. By contrast, there has been a slight but positive change in attitudes towards home education in some of the Länder (regions) of Germany. The author argues that governments should conduct well reasoned, objective research before considering measures to limit home education in any way.  相似文献   

9.
This paper discusses the various definitions of home education and how the term can give rise to misinterpretations. In addition it covers recent changes to legislation and policy relating to home education in some European countries, such as France, Ireland, Luxembourg and Belgium. These changes have been based on a misunderstanding of the nature of home education. Little attention has been paid to the difference between children who are absconding from school and those who are being conscientiously educated by their parents at home. By contrast, there has been a slight but positive change in attitudes towards home education in some of the Länder (regions) of Germany. The author argues that governments should conduct well reasoned, objective research before considering measures to limit home education in any way.  相似文献   

10.
Several states have recently enacted “Safe Harbor” laws to redirect child victims of commercial sexual exploitation and child sex trafficking from the criminal justice system and into the child welfare system. No comprehensive studies of Safe Harbor law implementation exist. The nine state Safe Harbor laws enacted by 2012 were analyzed to guide state legislators, health professionals, law enforcement agents, child welfare providers, and other responders to the commercial sexual exploitation of children on the development and implementation of state Safe Harbor laws. The authors conducted 32 semi-structured interviews with Safe Harbor experts in these states. Participants conveyed that Safe Harbor legislation signified a critical paradigm shift, treating commercially sexually exploited youth not as criminals but as vulnerable children in need of services. However, Safe Harbor legislation varied widely and significant gaps in laws exist. Such laws alone were considered insufficient without adequate funding for necessary services. As a result, many well-meaning providers were going around the Safe Harbor laws by continuing to incarcerate commercially sexually exploited youth in the juvenile justice system regardless of Safe Harbor laws in place. This was done, to act, in their view, in what was the best interest of the victimized children. With imperfect laws and implementation, these findings suggest an important role for local and state responders to act together to protect victims from unnecessary criminalization and potential further traumatization.  相似文献   

11.
就近入学是发达国家普及义务教育初期的一项重要教育政策,在这些国家给予家长一定的学校选择权后,就近入学政策仍得以保留。学校选择权作为受教育权有进一步延伸的趋势。具体到我国,中央政府在对待民间择校的问题,可以继续坚持就近入学为本,但可将学校选择权交由部分地方试点。  相似文献   

12.
国外职业教育立法与职业教育发展   总被引:4,自引:0,他引:4  
从世界范围看,国外职业教育的健康发展没有离开其职业教育的立法,各务通过颁行一系列的职业教育法律,使其职业教育得以稳步快速的发展。在各国职业教育立法中体现出的立法的持久性及灵活性、法律体系的完备性、执法的坚决性等特点,给我国的职业教育的发展以较大的启示。  相似文献   

13.
Of the approximately 93 million children with moderate or severe disabilities around the world, large numbers do not have access to quality education. Inclusive education systems have been advocated as a solution to this problem. In this paper, we examine whether legislation to advance inclusive education can increase the likelihood of children with disabilities attending school in a low-income country. Using a difference-in-difference methodology, we find that children with visual, hearing, and physical disabilities, who began school at a time when inclusive education was guaranteed in Uganda, had a significantly higher likelihood of going to school than children with disabilities in comparator countries in Sub-Saharan Africa, as well as children with disabilities in Uganda who became of school age prior to the passage of legislation. However, this was no longer true when considering only the sample of children reported to have no ability to see, hear, or engage in physical activities. While our findings are promising, comparable data on more countries are needed to comprehensively examine the impact of similar legislation across multiple settings.  相似文献   

14.
德国学校教育受各州学校法调整.学校法主要规定学校的任务、举办者和法律地位、学校教育分类及其学校类型结构、义务教育及其学校教学活动、学校各法律关系主体及其权利、学校人事和财务以及国家对学校的监督等.立法旨在对公立和非公立学校自身及其各种法律关系进行规范,并注意到学校内部与外部事务之区分.学校法中既无立法目的之规定,也无责任条款之规定.  相似文献   

15.
ABSTRACT

Since the Common School era, states have maintained truancy laws to ensure that students attend school. However, we know little about the severity of these laws and their relationship to student outcomes, particularly absenteeism. In this study, we survey state education statutes to document the severity of truancy policies. We estimate the relationship between these truancy policies and rates of chronic absenteeism via multilevel models using data on all U.S. public schools from the Office of Civil Rights. We find that most students live in states where they may be referred to legal authorities for levels of absenteeism below federal standards. We find little evidence that states with truancy policies have lower chronic absenteeism after adjusting for demographic and other characteristics. However, while non-White high-school students are overrepresented among chronic absences overall, they have rates of chronic absenteeism comparable to their White peers in states with less severe truancy policies.  相似文献   

16.
ABSTRACT

State-by-state comparison of charter school laws is complicated by the wide variation in terminology and by the idiosyncratic impact that interpretation and implementation by mid-level administrators has on the actual way in which charter school laws work. In this regard, each state is different and true comparison can best be accomplished by parallel studies conducted by local practitioners or researchers in each state. Also, longitudinal studies which trace the evolution of legislation over time provide greater insight into a state's charter school legislative environment in the same way that longitudinal studies of student achievement provide more information than one-point-in-time assessments.

This paper describes the first of such studies; a combined content-analysis and policy assessment of current charter school legislation in the state of Hawai'i. The current statutes are traced through eleven drafts and a 58-page report from a public Task Force brought into being as the result of earlier legislation. Lessons, which might be applied in other states, are explored. Similar studies of legislation in other states are proposed. doi:10.1300/J467v01n03_13  相似文献   

17.
从办学的法律结构、管理、财政资助、使命和任务方面对中美两国公立大学的办学模式进行了比较分析后,找出了异同点。建议中国加快立法建设,构建有中国特色的公立大学治理结构;出台鼓励捐赠办学的法律法规,拓宽筹集办学经费的渠道;高校加强财政管理和资本运作,解决办学经费短缺的困难;建议高校实施通识教育课程改革,有利于创新型人才的培养。  相似文献   

18.
This paper uses microdata for 19 African countries to examine the gender difference in maths test scores amongst primary school children. There is a significant difference in maths test scores in favour of boys, similar to that previously observed in developed countries. This difference cannot be explained by gender differences in school quality, home environment, or within-school gender discrimination in access to schooling inputs. However, the gender gap varies widely with characteristics of the regions in which the pupils live, and these regional characteristics are more predictive of the gender gap than parental education and school characteristics, including teacher gender. At the cross-country level, differences in fertility rates account for nearly half the variation in the gender gap, and this relationship is not due to the correlation between fertility and GDP.  相似文献   

19.
This study investigated children's reasoning about laws and legal compliance. A total of 72 children, 24 each at 6, 8, and 10 years of age, made judgments of law evaluation ("Is it a good or bad law?"), legitimacy of legal regulation ("Is it OK or not for government to make a law?"), and law violation ("Is it OK or not for people to break the law?") for three socially beneficial laws (a traffic law, a vaccination law, and a law requiring compulsory education for children under 16) and three unjust laws (denial of education to a class of persons, denial of medical care to the poor, and age discrimination). Participants also evaluated the application of laws in conflict scenarios in which a socially beneficial law infringed on individual freedom. Results showed that children considered a number of factors in their judgments, including the perceived justice of the law, its socially beneficial purpose, and its potential for infringement on individual freedoms and rights. The findings showed that children apply moral concepts of harm, rights, and justice to evaluate laws and to inform their judgments of legal compliance.  相似文献   

20.
法律变迁与教育的公共性实现   总被引:4,自引:0,他引:4  
余雅风 《教育学报》2005,1(2):51-56
公共性表明了教育所具有的直接使个人受益、间接使社会受益的责任和功效。保障教育的公共性,是各国教育法制的共同目标。必须以公共性作为教育立法的基本价值,建构社会推进型的教育法制模式。  相似文献   

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