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Higher learning institutions for example, have quite a number of legal issues that encompasses their daily living styles while in pursuit of providing education in the best way they could. They try to serve huge numbers or students who are not documented and are immigrants. This is especially faced in the United States where every year, Urban Institute approximates about sixty five thousand students are without proper immigration documents in U.S secondary schools putting to account they have lived in states for years with the parents but face special barriers to access higher education. An association in America concerned with universities & colleges tried to debate on issue of undocumented aliens in 2003.
The association doesn’t condone disregarding immigration laws and want laws in place currently discouraging status of residents status to qualified students who are aliens who stay there in nation full of immigrants ignoring important new economy human capital source.
These immigrants’ students who are not properly documented have limited prospects in completing their education as they are viewed as displaced thus not legible for aid of federal finance and tuition which is in-state and are as well not qualified to legally work in States. Many States are thus in the process of registering these students who are not properly documented and have schooled in the high schools qualified for tuition which is in-state while other states like Virginia fail to admit immigrant students who are not documented in their universities.
Legislation by the federal government which was aimed at addressing the prohibition of undocumented immigrants to access university education was introduced. Minors act for aliens was introduced which could provide for a way to apply for legal residency for immigrants who are long-term residents. This act introduced by a Senator called Orrin Hatch overturned the federal law interfering with the right of a state in determining tuition which is in-state (Yates, 2004).
The congress in 1996 clarified undocumented students status in context of higher education stating that alien students unlawfully present in State is ineligible basing on their residence for education benefit of postsecondary unless is a citizen, else national of U.S. has eligibility for the benefit disregarding the resident has citizenship or is a national. Federal government never has issued specific regulations on enforcement and interpretation of the provision this is due to federal level inadequate clarity as the interpretation and interpretation of the law is taken differently in States. Texas was the first to give college tuition which is in-state and aid financially to immigrant students not considering the legal status they have.
Texas graduates in high school who have stayed for 3 years there qualify for tuition which is in-state as stated by the law though these students are made to have the affidavit signed as a promise for application of legal documents as an immigrant.
Other eight states have as well have had the same policy implemented. Mississippi and Alaska have also passed regulations which prohibit universities & colleges from giving tuition to unregistered students. It’s now an individual university & college to make a decision on the matter. In California, Asians-Americans have their numbers reduced in the university campus and are charging the institution for their reduced enrollment. This is discriminative and is unfair to these immigrants. They feel left out and the only remedy is to treat everyone equally (Yates, 2004).
Teachers are very crucial in education matters in the society. They play a role of ensuring students work under encouraging safe and highly positive environments and their failure in delivering this is negligence and they could be sued. It’s the right of students to education and teachers are supposed to be aware of every situation in the class.teachers could be described as judges in a supreme court. Teachers have legal and moral rights.As professionals they should provide an atmosphere conducive for learning and should suspend chaotic students.
A teacher should administer trust in relating to the students and is responsible for giving quality education and care to students according to Ethics code by NLTA. For instance, a case in 1968, in Govan school, teachers were charged with a role of supervision to students e.g. in cases where they are dealing with risky work there should be abundant demonstration instruction and supervision done by qualified instructor.
According to law, any abuse suspicions should be reported as per the act of Family & youth services mandate stating that any individual with information making them to believe needs protection should report to peace officer, director or a social worker thus in this act, a teacher is protected unless a malicious report was done. John Fischer asserted that, “the fundamental aim of ensuring that all the children had an equal chance and opportunity not to make them equal but to make them different”. This helps improve their potential and should be encouraged. Teachers should not be answerable to student’s negligence and the amending of laws should be done (McKay, 1968).
School board is responsible legally for pupil safety during normal schooling hours and authorized activities while off school. If students are allowed to leave late, a legal responsibility is for the board. Students should be made aware of their rights and should be made to follow rules though negligence of students may lead to the board paying for the loss which is a vicarious liability.An education malpractice can lead to the board being sued. In United States and Canada appellate courts, these claims are usually not successful as it weighs out negligence and educational malpractice and considers the options leading to a child’s failure in education like nutrition, language barriers and home environment.
Expulsion or suspension of the student done by principal should be made known to the board which now determines the period not exceeding twenty days. This may be done due to the harmful or injurious nature of the student to others. A hearing should be done by board to decide whether to readmit the student. Corporal punishment has been abolished by boards but education act has not prohibited it. Buildings should be repaired, suitable furniture and proper sanitation and other gadgets and any injury caused by inappropriate equipment is liable to the board though several aspects are accounted for including the duty, causation, breech of duty, and damages.
The principal holds equal responsibilities like a teacher according to education act of Ontario. These roles are maintaining discipline and order in school, ensuring health attention to pupils, refusal to admit a pupil who would bring detrimental effect to others, and reporting any bending of rules by student to legal guardian or parent. He should as well manage attendance issues, records security. Corporal punishment ensures law and order is maintained in school and therefore the board should ensure its implementation but with limits. The rest of the board roles should continue to be practiced (McKay, 1968).
Contract terms are very crucial especially in public schools other than public ones. Employee & employer relationship is determined especially by restrictions in constitution and in provisions in statutory acts in legislation though in private institutions, these don’t apply thus terms of contract are rather crucial. Private schools are more flexible in employment.Third party contracts in schools ensure they retain liability protection. If the employers wish to resign, law of constructive discharge where after resignation, the employer claims that it was involuntary due to intolerable working conditions and illegal conduct on employer. The employer should work under an environment that is motivating and proper equipments put in place, otherwise, resignation should be done (Walsh, Kemerer & Maniotis, 1982)
A Pennsylvania case involved a student who created website at home in his computer criticizing algebra teacher and some administrators in school. Apart from verbal remarks, several heads which dripped blood, teachers face mounted in that of Adolph Hitler & money solicitation to hire hit man to murder the teacher. This information spread at school and the involved teacher took a medical leave as was too upset.
The court in Pennsylvania said the conduct was substantial and disruptive materially of others rights thus student expulsion was upheld. I feel that according to this case, this student was emotionally disturbed and the court should have considered the scenario leading to his character. The involved parties may have harassed the student to a point of feeling this great wrath to them. The court therefore should set a hearing of the same case (Walsh, Kemerer & Maniotis, 1982)
Reference
Jim, W., Frank, K. and Laurie, M. (1982), The educators guide to Texas school of law (6th Ed). USA: University of Texas press.
McKay, et al (1968). The Legal Context of Education, Board of Govan School: Unit No. 29.
Tony, Y. et al (2004). “Forecasting with Measurement Errors in Dynamic Models,” Working Papers 521, Queen Mary, University of London, Department economics.
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