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Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area; particularly with the drive towards academisation, multi-academy trusts and the ever-increasing legislative burden of safeguarding and governance.Based on both authors' extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools of whatever variety, whether they be maintained, academies or independent. Aimed at all those advising clients in this sector, whilst also being a useful text for those primary advising employees in the sector as well, the text focuses on key issues unique to the sector; including:Who is the Employer?An examination of the different types of educational institutions and the intricacies unique to each.Disciplinary and misconduct issues - including safeguarding issues and the role of the barring authorities.Performance management including sickness absence; performance related pay and the statutory appraisal framework.Holiday Pay in the post Harpur Trust v Brazel world.TUPE in the Education Sector.Trade Union relations and Industrial Action.Pensions - an examination of key areas practitioners should be aware of in dealing with the Local Government Pension Scheme and Teachers' Pension Scheme, with particular reference to restructuring.ABOUT THE AUTHORSJonathan Holden is a Partner, National Head of Employment and Head of Education for Forbes Solicitors. He has specialised in Employment Law throughout his career. Jonathan has extensive experience in advising public sector institutions; and is a nationally recognised expert in advising on employment law issues within the education sector.James Barron is a Senior Associate within the Public Sector Employment Team within Forbes Solicitors. He has specialised in Employment Law and has advised all manner of different education settings throughout the entire period of his career.CONTENTSChapter One - Who Is the Employer?Chapter Two - Terms and ConditionsChapter Three - Safeguarding & Disqualification by AssociationChapter Four - Misconduct and DisciplineChapter Five - Performance ManagementChapter Six - Academies & TUPEChapter Seven - Trade Union Relations and Industrial ActionChapter Eight - Useful Sources of Information
"This book provides an overview of the important elements of education law in Ontario, Canada, as education is under provincial jurisdiction in the country. It also briefly describes similar education law contents in California, the United States, as in the US education is mainly under the control of states and California is the most populous state. In addition, the book delineates corresponding contents in Chinese education law, as China has the largest education system in the world"--
Special educational needs ('SEN') has been a developing legal area since 1993. Just under 1.5 million pupils in England have special educational needs ('SEN') and the number of children and young people with Education Health and Care ('EHC') plans increased to 473,300, as at January 2022. Apart from a decrease in 2020, requests for EHC plans have increased each year since EHC plans were introduced. In the academic year 2021/22, HMCTS tribunals recorded 11,000 registered SEN appeals, an increase of 29% when compared to the prior year.These appeals, which deal with disputes in England between a Local Authority and parents or young people relating to EHC needs assessments and plans, can now be "extended" to include health and social care issues too. They are heard in private, by independent panels consisting of a judge and 1 or 2 specialist members who have relevant specialism and experience. Examination of expert evidence is a common feature of these appeals.This is a detailed practitioner's guide to this fast-growing area. It addresses in detail the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals.ABOUT THE AUTHORKatherine Anderson is a very experienced barrister and education law specialist ranked as a Leading Junior in Chambers and Partners and Legal 500 rankings since 2021. She regularly acts in proceedings before the First-tier Tribunal and Upper Tribunal on behalf of parents, young people, local authorities, and responsible bodies for schools. Her own education was at Cambridge University, United Kingdom, and Harvard University, United States. She is a member of 3PB Barristers, described by The Legal 500 2021 as a set that is "increasingly becoming a powerhouse in education law".CONTENTSChapter One - OverviewChapter Two - 'Refusal to Assess' or 'Reassess' AppealsChapter Three - 'Refusal to Issue' AppealsChapter Four - Special Educational Needs and 'Section B' AppealsChapter Five - Special Educational Provision and 'Section F' AppealsChapter Six - 'Section I' AppealsChapter Seven - Education Otherwise Than at School ('EOTAS')Chapter Eight - Ceasing to Maintain EHC Plans and 'Ceasing to Maintain' AppealsChapter Nine - Health and Social Care Needs and Provision and 'Extended Appeals'Chapter Ten - The First-Tier Tribunal in Special Educational Needs Cases - Practice and ProcedureChapter Eleven - Correcting, Setting Aside, Reviewing and Appealing First-Tier Tribunal Decisions
"Nearly a century ago, famed liberal attorney Clarence Darrow defended schoolteacher John Scopes in a blockbuster legal proceeding that brought the attention of the entire country to the small town of Dayton, Tennessee. Darrow's seminal defense of freedom of speech helped form the legal bedrock on which our civil liberties depend today."--
"The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools."--
How to File Your Own Bankruptcy is the step-by-step handbook to filing your own bankruptcy petition. Chapter 7 bankruptcy, often called the liquidation chapter, is the most common consumer bankruptcy and allows debtors to discharge many of their debts. Under Chapter 13, debtors establish a repayment plan for at least a portion of their debts. The factors that generally prompt people to file for bankruptcy are unemployment, uninsured medical costs, divorce, and large utility debts.The coronavirus pandemic has dramatically impacted both the national economy and the financial well-being of countless Americans. Many are facing job loss, furlough, reduction of hours, or other hardships, which directly impact people and lead to the filing of bankruptcy. This book is intended to assist people who wish to file their own bankruptcy petition.It will show you how to obtain your three credit reports, the forms you will need to prepare, and file your own bankruptcy; how to obtain your credit-counseling certificate and complete your personal financial management course; what property you can exempt when you file your bankruptcy; and how to locate the US bankruptcy court in your area to file your bankruptcy petition. This is a straightforward easy-to-grasp understanding of how to file your own bankruptcy petition.
If you want to know about exciting new developments in special education law, Wrightslaw: Special Education Legal Developments and Cases 2015 will help you stay up-to-date. This unique book includes all decisions in IDEA cases by Courts of Appeals between January 1, 2015 and December 31, 2015. You will also find all "Dear Colleague" Policy and Guidance letters published by the Office of Special Education Programs (OSEP) and the Office of Special Education and Rehabilitation Services (OSERS) in 2015. Read the verdicts in jury trials and multi-million dollar settlements in teacher abuse cases and learn about discrimination cases initiated and settled by the Department of Justice. Get a tutorial on how to use Google Scholar to find cases about specific legal issues. This book includes a Table of Decisions with the date, court, synopsis of legal issues, outcome, and prevailing party in the cases. Wrightslaw: Special Education Legal Developments and Cases 2015 is an invaluable resource for parents, educators, advocates, and attorneys. You will refer to this book again and again.
2016 was a remarkable year in special education law! Wrightslaw: Special Education Legal Developments and Cases 2016 is designed to make it easier for you to stay up-to-date on new cases and legal developments. You'll learn about emerging issues and trends in special education law, including all decisions in IDEA cases by Courts of Appeals in 2016. You will learn about four Cases of the Year and what made these cases unique. This book discusses two new special education decisions from the U.S. Supreme Court and includes all guidance letters, memos, and publications published by the U.S. Department of Education. Also included are discrimination cases by the Department of Justice and school abuse cases brought by the American Civil Liberties Union. Read "Denied!" - the inside story about how state employees created a secret cap on the number of children with disabilities who could receive special ed services.
This is a California specific paralegal ethics book that includes the NEW California Rules of Professional Conduct that became effective November 2018. This ethics handbook contains California cases, California codes and the California Rules of Court. There are chapters about conflicts for both paralegals and attorneys, a chapter about what constitutes the practice of law, a chapter that discusses discovery issues and more. Forms designed just for paralegals are also included so paralegals can keep track of their education and case work. Whether you are aspiring to become a California paralegal or are already certified as a California paralegal, this is the only ethics book to buy.
This is a great paralegal workbook that will teach California paralegals the essential skills that they need to be successful. This workbook contains chapters that cover paralegal skills & codes, a step by step process of how to write business letters, the IRAC method of case summarization and much more. All chapters include educational exercises to give the paralegal actual experience drafting the documents discussed. This workbook is California specific and completion of the exercises will prepare paralegals for the many and varied jobs that paralegals perform in a law firm. An absolutely great teaching tool that every paralegal should work through!
Este libro del profesor Emilio J. Urbina, tal como lo indica en la presentación el R.P. Dr. José del Rey Fajardo sj, es el fruto de dos décadas de docencia e investigación en postgrado en las universidades venezolanas, y tiene por objeto sugerir técnicas para una mejor evaluación de los seminarios de investigación doctoral y de maestría. A tal efecto, Urbina explica en tres capítulos los pasos fundamentales para la elaboración del Trabajo Especial de Grado y la Tesis Doctoral en las ciencias jurídicas, introduciendo al lector en una amena exposición sobre las peculiaridades dogmáticas del Derecho que lo hacen resistente a la tentación de imponerle métodos y metodologías ajenas a su esencia epistemológica. El primer capítulo expone los pormenores sobre el descubrimiento, elección y minuciosidad del tema de investigación, sobresaliendo, el quid del delicado arte de precisar los enfoques novedosos de ejes temáticos considerados "clásicos". El segundo capítulo se detiene en el estudio de las fuentes de investigación y su abordaje metodológico en Derecho, introduciéndonos en las técnicas globales más destacadas para el análisis de las fuentes que alimentarán los argumentos racionales del trabajo o tesis final. El tercer capítulo explica sistemáticamente el diseño teórico y los principales métodos jurídicos de investigación a lo largo de la historia del Derecho.
I have been a teacher for my entire career, educating surgical students and caregivers around the globe. Nothing makes me happier than to teach, sharing what I know, and helping to make the world a better place. Your success is nothing less than my greatest honor.--Dr. Jeffery Scott Brooks
In this fascinating story of evolution, religion, politics, and personalities, Matthew Chapman captures the story behind the headlines in the debate over God and science in America.Kitzmiller v. Dover Board of Education, decided in late 2005, pitted the teaching of intelligent design (sometimes known as "creationism in a lab coat") against the teaching of evolution. Matthew Chapman, the great-great-grandson of Charles Darwin, spent several months covering the trial from beginning to end. Through his in-depth encounters with the participants--creationists, preachers, teachers, scientists on both sides of the issue, lawyers, theologians, the judge, and the eleven parents who resisted the fundamentalist proponents of intelligent design--Chapman tells a sometimes terrifying, often hilarious, and above all moving story of ordinary people doing battle in America over the place of religion and science in modern life.
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