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Education, Law and Diversity

By: Neville Harris
Media of Education, Law and Diversity
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Published: 30-01-2007
Format: PDF eBook (?)
Edition: 1st
Extent: 504
ISBN: 9781847312938
Imprint: Hart Publishing
RRP: £59.38
Online price : £53.44
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About Education, Law and Diversity

Education is fundamentally concerned with realising the potential of every child, but an increasing social diversity presents enormous challenges for the state in terms of its commitment to providing an appropriate education for all. Factors such as ethnicity, disability and material deprivation are associated with inequality, social exclusion and the risk of low educational attainment. Diversity also reflects divergent cultural values and norms. In responding to the challenges posed by diversity, public education authorities are to some extent constrained by individual or group rights. This book examines the nature of these rights, including those under the European Convention on Human Rights, and the ways and contexts in which they operate. Their social effects are also considered. Areas discussed include the curriculum, special educational needs and choice of school. A key theme in the book is the promotion and enforcement of equal access to education, including higher education. Issues of multiculturalism, the social integration of minorities, religion in education and the recognition of children's independent rights are among those that are also discussed. The book centres on England and Wales and covers the evolving legislative framework, including the Education and Inspections Bill 2006, but relevant legal developments in other states are also highlighted.

Table Of Contents

1 Diversity, Inclusion and the Role of Education
INTRODUCTION
EDUCATION AND DIVERSITY
THE ROLE OF EDUCATION
EDUCATION AND POLITICS
CONCLUSION
2 The Right to Education
INTRODUCTION
THE NATURE OF THE RIGHT TO EDUCATION
THE RIGHT TO EDUCATION AS A RIGHT OF THE CHILD
THE EUROPEAN CONVENTION ON HUMAN RIGHTS
CONCLUSION
3 Educational Provision: The Changing Legal Framework
INTRODUCTION
THE SCHOOLS SYSTEM INHERITED BY NEW LABOUR
EDUCATION REFORM POST-1997
THE WHITE PAPER 2005 AND THE EDUCATION AND INSPECTIONS BILL 2006
CONCLUSION
4 Equality of Access to Education
INTRODUCTION
ANTI-DISCRIMINATION LAW
ACCESS TO SCHOOLING
ACCESS TO FURTHER AND HIGHER EDUCATION
CONCLUSION
5 Choice of School and its Effects
INTRODUCTION
THE DUTY TO HAVE REGARD TO PARENTS' WISHES
LEGISLATING FOR CHOICE IN RELATION TO SCHOOL ADMISSION
SCHOOL ADMISSION DECISIONS AND THE LAW
THE IMPACT AND EFFECTS OF CHOICE OF SCHOOL
CONCLUSION
6 Special Educational Needs: Choice and Inclusion
INTRODUCTION
THE BASIC FRAMEWORK
INCLUSION AND CHOICE
CHOICE OF NAMED PLACEMENT
DISPUTE RESOLUTION
CONCLUSION
7 Educational Content and Cultural Pluralism
INTRODUCTION
INTEGRATION, CITIZENSHIP, MULTICULTURALISM AND EDUCATION
REGULATION AND CONTROL OF SECULAR EDUCATION IN STATE SCHOOLS
THE NATIONAL CURRICULUM
SEX EDUCATION
LANGUAGE AND LINGUISTIC RIGHTS
RELIGION IN STATE EDUCATION
THE INDEPENDENT SCHOOLS SECTOR
ACADEMIES AND CREATIONISM
CONCLUSION
8 Conclusion: Education, Law And Diversity-Goals And Challenges

Reviews

“This new book adds considerably to the currently available literature.

Its interdisciplinary nature is likely to make it of interest to those concerned with the regulation of education from a variety of perspectives.

Harris has utilised his expertise in education law to produce a book that is both informative in terms of providing a thorough explanation of the relevant areas of law, and probing in attempting to offer a clearer understanding of the major tensions and difficulties which arise as a result of some of the policies pursued in education in recent years which have sought to advance values such as diversity, choice and inclusion. The analysis contained in the book is thorough, deriving from extensive research into the subject which draws upon legal, political and sociological materials amongst others. Education, Law and Diversity is likely to be a valuable addition to any law or education library.


” –  Gary Wilson, Liverpool Law Review

“...provides a critical audit of the education policies of New Labour…its real strength is the way in which it analyses the relationship between the diverse population, school provision and politics. In examining the often contradictory aims of education in a liberal democracy he questions not only whether the school system can reflect the broader population but whether it ought to...This book is rich in detail – with extensive references and analysis of both domestic, ECHR and US case law and of the approach of many of the key thinkers in debates about citizenship and the crisis of western liberalism. It will be of enormous value not just to education lawyers but to anyone with an interest in the relationship between education, families, children and politics.” –  Daniel Monk, International Journal of Law, Policy and the Family

“...what we have here is more than simply a thesis on the accommodation of diversity in the education system. The book is a treasure trove of expertly handled material – legislative, judicial and academic – which is capable of serving also as a valuable text covering the central issues in English education law, albeit with a particular emphasis...This is a superbly written and researched book by the country's leading commentator on education law, addressing as it does one of the most important general questions in a multi-cultural, pluralistic society...It can be confidently recommended to anyone with a serious interest in education, the position of minorities and the disadvantaged, parents or children.” –  Andrew Bainham, Education Law Journal

“This is an astonishingly comprehensive review of wide-ranging territory (from 'academics and creationism' via 'Article 14 ECHR' to 'admission authorities and admission arrangements'), with useful comparative material from the USA and elsewhere: Harris is to be congratulated on a fine, scholarly and at the same time practically useful, achievement.” –  David Palfreyman, New College, Oxford, Education and the Law, Vol. 19, Nos.3/4, September-December 2007

“This is an academic text that should be read by all practitioners with an interest in the policy context and objectives of education law.” –  Nick Armstrong who is a barrister at Matrix chambers, Education, Public Law and the Individual, Vol 11, Issue 1, Spring 2007

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