scholarly journals THE AUTHORITY TO DETERMINE ADMISSION POLICY BY A SCHOOL GOVERNING BODY INCLUDES THE POWER TO DETERMINE THE CAPACITY OF A PUBLIC SCHOOL BUT DOES NOT INFLEXIBLY LIMIT THE DISCRETION OF THE HEAD OF DEPARTMENT TO ADMIT A LEARNER Member of the Executive Counci

Obiter ◽  
2014 ◽  
Author(s):  
IP Maithufi
Keyword(s):  
Public Schools ◽  
Public School ◽  
Basic Education ◽  
Constitutional Court ◽  
Gauteng Province ◽  
Governing Body ◽  
The Public ◽  
The Supreme Court ◽  
Court Of Appeal ◽  
School Governing Bodies

During the latter part of the year 2012 and early 2013, various articles or commentaries dealing with the admission of learners to public schools appeared in daily and weekend newspapers. Some of them commented on the manner in which school governing bodies of public schools appeared to be discriminating in the admission of prospective learners, while others commended school governing bodies on performing their admission function in accordance with the powers granted to them by legislation.The articles that appeared during early 2013 mostly commented about the opening of public schools for the academic year 2013 in the five inland provinces, while others berated the manner in which some prospective learners were refused admission by certain public schools. Before then, on 10 January 2013, Mogomotsi Magome mentioned in the Pretoria News of the same date that the Minister of Basic Education had said that “she‟ll fight tooth and nail to reverse the court ruling on school capacity”. The articles that appeared thereafter concentrated on whether school governing bodies of public schools in South Africa or the State, through the Department of Basic Education and its provincial education departments, has the power or authority to determine the admission criteria or capacity of public schools for the purposes of the admission of learners. Further comments on this issue appeared during April 2013.During the rest of April 2013, most of the comments made in the newspapers dealt directly with the question that was raised in Governing Body, Rivonia Primary School v MEC for Education, Gauteng Province ([2012] 1 All SA 576 (GSJ), hereinafter “Rivonia [2012]”), which was by then taken on appeal to the Supreme Court of Appeal. The question for determination in this case was whether the capacity of a public school is determined by the school governing body or the provincial education department which is under a statutory duty to find sufficient capacity to provide schooling to all children of school-going age.The above comments indicate the public interest that followed the decision in the Rivonia case. The reason for the interest shown is not difficult to find for the Constitution provides that everyone has the right to a basic education and as such the refusal to admit a learner by a public school may appear to be an infringement of this right. Furthermore the South African Schools Act of 1996 provides that a public school must admit learners and serve their educational needs without unfairly discriminating in any manner. Some of the comments as shown above, regarded the refusal to admit the learner in this case as unfair discrimination.The Constitutional Court also had the opportunity to determine the issues raised in this case in Member of the Executive Council for Education in Gauteng Province v Governing Body of Rivonia Primary School (case CCT 135/12 [2013] ZACC 34). The judgment of the Constitutional Court was delivered on 3 October 2013. The following day, 4 October 2013, the public interest shown by the media resurfaced. The Constitutional Court judgment shall, for the purpose of this discussion, be referred to as Rivonia (CC).In order to fully understand the legal issues involved in this case, it is necessary to have regard to the manner in which the South Gauteng High Court, the Supreme Court of Appeal and the Constitutional Court approached the determination of these issues.

From the classroom to the courtroom: litigating education rights in South Africa

2018 ◽  
pp. 143-168
Author(s):  
Jason Brickhill ◽  
Yana van Leeve
Keyword(s):  
South Africa ◽  
Public Schools ◽  
South African ◽  
Basic Education ◽  
Constitutional Court ◽  
Equal Education ◽  
The Right ◽  
Second Category ◽  
School Governing Bodies ◽  
Specific Education

This chapter focuses on two streams of education litigation concerning public schools in South Africa: first, cases concerning contestation over the power to formulate policy for schools in the education system established in the new democratic era; and, second, cases seeking to compel the state to provide specific education inputs. In respect of the power to determine key school policies, the South African Constitutional Court has sought to strike a balance between recognising the democratic and community-level legitimacy of school governing bodies, on one hand, and the need to empower government to act in the interests of all students and to promote equal education, on the other. In the second category of cases, the courts incrementally developed the content of the right to a basic education in section 29(1)(a).

The courts, the schools, and the Constitution

2018 ◽  
Vol 100 (3) ◽  
pp. 14-17
Author(s):  
Justin Driver
Keyword(s):  
Public Schools ◽  
Public School ◽  
Supreme Court ◽  
American History ◽  
Constitutional Interpretation ◽  
The Public ◽  
The Supreme Court ◽  
Government Institution

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation’s history. He traces four reasons for this growing intersection between schools and the courts. First, public schools touch a larger number of Americans than any other government institution. Second, decisions related to public schools present a lens through which to view American history. Third, cases involving schools frequently highlight contentious legal doctrines. And, fourth, the Supreme Court itself has highlighted the schools’ role in how Americans understand the Constitution.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals The School Manager and the Use of Knowledge Management Practices for Structuring Organizational Processes

2018 ◽  
Author(s):  
Tania Regina Corredato Periotto ◽  
Janacilda Leite Wessellenns
Keyword(s):  
Knowledge Management ◽  
Public School ◽  
Management Practices ◽  
Basic Education ◽  
Organizational Processes ◽  
The Public ◽  
Northwestern Region ◽  
Knowledge Management Practices ◽  
School Manager ◽  
Use Of Knowledge

Knowledge management gains space within the school organization and can contribute satisfactorily to the quality of teaching. In everyday life the school manager intuitively uses knowledge management practices without exploiting the potentials they offer or allow. In this context, the purpose of this work is to identify the level of implementation of knowledge management practices aimed at structuring the organizational processes used by the public school manager. The methodology adopted was exploratory, with a qualitative and quantitative approach. For data collection, an already validated instrument with twenty-seven questions was used. Respondents to the questionnaires, one hundred and eleven managers of the basic education schools that make up the public school system in a city in the northwestern region of Paraná, Southern Brazil. In analyzing the results, it was only at this point that we investigated only those practices that were related to the structuring of organizational processes. This decision is justified because of the responsibilities of the school manager in the execution of his work. The results indicated that the school in its daily life, makes use of practices of Knowledge Management related to the structuring of the organizational processes and that many are already applied by the managers.

scholarly journals Disclosure in Centre for Child Law v the Governing Body of Hoërskool Fochville

2017 ◽  
Vol 20 ◽  
pp. 1-20
Author(s):  
Michael Tsele
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
High Court ◽  
Governing Body ◽  
Foreign Law ◽  
The Supreme Court ◽  
Children's Interests ◽  
Court Of Appeal ◽  
Do So

When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to make this evidence available to his opponent, particularly when called upon to do so. However, over the years various principles have developed which make this obligation subject to certain limitations. The Fochville cases dealt with a situation where a party to litigation sought to withhold certain information from its adversary, notwithstanding the fact that the material had been relied upon as a ground for the institution of the litigation. This note critiques the judgments of the High Court and in particular the Supreme Court of Appeal in this dispute. In so doing, it draws on useful foreign law to argue that the Supreme Court of Appeal's judgment was an unfortunate one in that the court failed to clarify with reasonable precision the circumstances in which a party to litigation involving children's interests may legitimately resist disclosing evidence to his adversary, in which the party resisting disclosure invokes the principle of public interest immunity. In this regard, the note concludes that the High Court's overall approach to the issue is to be preferred.       

Social Innovation in Public Schools

2019 ◽  
pp. 1-14 ◽  
Author(s):  
Isabela Silva ◽  
Karmel Nardi Silva ◽  
Karen Schmidt Lotthammer ◽  
Simone Bilessimo ◽  
Juarez Bento Silva
Keyword(s):  
Public Schools ◽  
School System ◽  
Basic Education ◽  
Social Innovation ◽  
Low Cost ◽  
Digital Inclusion ◽  
Public Network ◽  
The Public ◽  
Remote Experimentation ◽  
Positive Results

The project “Promoting Digital Inclusion in Public Schools Through Integration of Innovative Low-Cost Technologies in the Teaching of STEM Subjects” has been carried out by the Remote Experimentation Laboratory (RExLab), Federal University of Santa Catarina, since 2008. This project has trained 363 teachers from 6 schools, since it is an initiative of technology integration in the basic education of the Brazilian public-school system. The present study focuses on the benefits of the project in relation to the teachers involved in its scope. The positive results acquired by the project over the years demonstrate that the integration of technologies in education by teachers in the public network is a practice to be encouraged.

Education

2020 ◽  
pp. 259-264
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Public Schools ◽  
Public School ◽  
School System ◽  
Educational Opportunity ◽  
The State ◽  
Board Of Education ◽  
Equal Educational Opportunity ◽  
The Public ◽  
Compulsory Attendance ◽  
State Board Of Education

This chapter addresses Article XIII of the Oklahoma constitution, which concerns education. Section 1 mandates establishment and maintenance of a public school system but does not guarantee an equal educational opportunity in the sense of equal expenditures of money for each and every pupil in the state. Section 2 states that “the Legislature shall provide for the establishment and support of institutions for the care and education of persons within the state who are deaf, deaf and mute, or blind.” Meanwhile, Section 3—which was entitled “Separate Schools for White and Colored Children”—was repealed on May 3, 1966. Section 4 states that “the Legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are provided.” Section 5 grants power to the State Board of Education to supervise the instruction in public schools. Section 6 provides for the establishment of a uniform system of textbooks to be used in the public schools, making it clear that the books must be free to students.

scholarly journals Instructional Facilities in Secondary Level School of Banke District, Nepal

2018 ◽  
Vol 4 (2) ◽  
pp. 119-129
Author(s):  
Lal Mani Acharya ◽  
Ram Krishna Maharjan
Keyword(s):  
Public Schools ◽  
Public School ◽  
Private School ◽  
Secondary Level ◽  
Structure Questionnaire ◽  
Infrastructure Development ◽  
Exploratory Research ◽  
Final Exam ◽  
Teaching System ◽  
The Public

Talking about the instructional facilities indicates the facilities available for the classroom teaching and learning of students. This is the age of modern technology so students want to learn with new tools and techniques. In this context, school should be aware on the management of such basic facilities in school. The aim of this study is to identify the instructional facilities in secondary level school of Banke district of Nepal. The study was based on the descriptive and exploratory research design. In total 674 students from public and private secondary schools were selected for the study. Structure questionnaire survey was done to collect the data. The result shows that comparatively, the instructional facilities were better in private school than the public school. Private school had managed the computer aided teaching system, separate computer and science lab better than the public school. Considering the better result in final exam, private school has managed the additional coaching class for their students than the public school. Public schools are service oriented supported by Nepal Government so government should be responsible to improve the quality of teaching, learning and infrastructure development as the demand of modern teaching system.

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