Fundamental elements in examining a child’s right to education : a study of home education research and regulation in Australia

Home education provides valuable educational and developmental opportunities for children. An examination of Australia’s research indicates many best educational practices, including more informed mediation, contextualised learning, and opportunities to exercise autonomy. Key features include learning embedded in communities and program modification in response to students’ needs. Current state and territory legal requirements are examined within the context of this research and Australia’s obligations to international human rights treaties. All jurisdictions accept home education as one way to meet compulsory education requirements. The extent to which respective laws then reflect understanding of home education research and practice varies. Most jurisdictions allow for a variety of educational approaches. Some oversight regulation could however be modified to reflect a better understanding of home education. Consultation with home educators and reference to research would assist the development of more uniform legislation and policy across Australia, and enable better regulatory practice.

The whats, whys and wherefores of home education and its regulation in Australia

This paper presents a unique summary of Australian research on home education, and an evaluation of current regulation in an Australian context. It begins with the recognition that home education is a legal alternative to school education in Australia. However it argues that legal definitions of home education do not properly reflect the practice of home education. This is illustrated by an examination of different educational approaches taken by home educators and research on the socialisation of home educated children in Australia. Research on who chooses home education, why people choose home education and the educational outcomes for home educated children is also discussed. Home educating families represent all family types, are found in rural, suburban and city locations, and choose home education for a variety ofreasons. Research indicates that Australian home educated children have positive educational and social experiences and outcomes. The question of whether and ifso the extent to which, home education should be regulated by the state is examined. The authors argue that whilst regulation is acceptable to protect a childr right to education, a more consistent regulatory framework is needed across Australia. It is argued that such aframework should facilitate and encourage children who are being home educated and should be flexible enough to accommodate the variety ofeducational approaches taken to home education.

Educational malpractice : legal cases and educators' views

The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure to pass an examination. The duty implied on educators to ensure the educational well-being of their students and the breach of such duty is what is commonly termed in the literature “educational malpractice” or “educational negligence.”

In this article, several cases relating to educational malpractice that took place in the U.S., the U.K., and Australia are reviewed, and the cases demonstrate that the courts are beginning to show a willingness to extend the tort of negligence to students’ intellectual harm. The author then conducted a small-scale investigation to ascertain the views of school principals regarding this issue, with very interesting results.

Does CMC fit? Practical legal training students' satisfaction with online discussion

Masters research paper submitted in fulfilment of the requirements for the degree of Master of Professional Education and Training. The objectives of this study were to investigate students’ perceptions and satisfaction regarding CMC activities, including community of inquiry framework elements and self-system factors, and to frame recommendations that might improve the use of online discussions as a teaching medium in practical legal training.

Betwixt And between – Practical legal training practitioners – Scholarship of (which) practice?

I am interested in how Australian lawyers who teach lawyers’ skills at the post-graduate pre-admission stage (“PLT practitioners) engage in scholarly activities regarding their teaching practice. This presentation will relate Bourdieu’s ‘reflexive sociology of law’ to my doctoral research in which I focus on how PLT practitioners engage in scholarly activities around their teaching work. Drawing on Kemmis’s ‘practice table’, Bourdieu and Passeron’s theory of ‘reproduction’ in education and culture, and de Certeau’s theory of ‘practice in everyday life’, I will describe how PLT practitioners’ professional identity, as lawyers, constrains scholarship around teaching and mentoring practice.

Principals and legal risks: contrasting perspectives

There has been an increasing awareness across many jurisdictions of potential legal issues that might arise in schools. These issues range from bullying to sexual misconduct, from injury to negligence. In a recent study in Singapore, despite the increased attention to such issues, school principals displayed a range of attitudes toward legal risk and a diverse range of strategies to minimise it. The findings were compared to those from a small scale study of senior educators in Australia in order to ascertain commonalities and differences of view. This paper summarises those views and suggests some basic principles to help those in positions of leadership to avert unwanted legal attention.

Is scholarship of teaching and learning in practical legal training a professional responsibility?

In Australia, applicants for admission to the legal profession must hold appropriate academic qualifications, and competently complete practical legal training (PLT). The author's research investigates institutional PLT practitioners' engagement with scholarship of teaching and learning (SoTL). The theoretical framework for the research draws on Bourdieu and Passeron's reflexive sociology of education and culture. This article focuses on responses to a paramount obligation proposition put to 34 PLT practitioners during semi-structured interviews: Might lawyers' paramount obligations to the court intersect with PLT practitioners' teaching and assessment practices? The proposition elicited responses and insights about field forces within the individual and organisational dimensions of teaching and learning in PLT. These include top-down/bottom-up pressures that impinge on PLT practitioners' engagement with SoTL.