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EDL99

Education Law

NZ $45.00
incl GST
Author(s): Paul Rishworth, Patrick Walsh
Published: 19 October, 1999
Pages: 150

 

Introduction


"Education law" is becoming established as a specialist area of legal practice.

That is reflected in the growing number of seminars devoted to it, the number of lawyers and law firms practising in the area, and in the publication of books and journals devoted to the topic.1 And while there are not yet law school courses devoted exclusively to it, the subject is taught in a number of education-related degree and diploma courses.

The rise of education law may still be somewhat hidden from those whoa re not directly involved as legal advisers or consumers of advice. In the wider legal world, it seems that lawyers only sit up and take notice of an area when there has been a significant court case, or better still, a series of them. This has still to happen in the education field. There is a steady trickle of suspension cases, and employment-related cases, but not much more.

Yet is it a mistake - as education law advisers well know - to regard the education field as one in which there is no "law". The lack of cases does not mean that there is any lack of occasions for legal advice. The sheer number of schools, and of students and teachers in them, means that disputes over the law arise often. If anything, the task of the education adviser is made more demanding by the absence of authoritative judicial pronouncements on education law disputes.

 

Content outline

  • Legal literacy
  • An overview of the education sector
  • Guiding principles in education law
  • School governance
  • Enrolment schemes
  • Suspensions and expulsions
  • Judicial review of school's disciplinary decisions
  • The extent of school rule-making powers: freedom of expression and dress and appearance rules in school
  • Search and seizure in public schools
  • Employment issues
  • The Human Rights Act and discrimination
  • Education and The Privacy Act 1993
  • The Health and Safety in Employment Act 1992
  • Education and The Copyright Act 1994
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