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.
Neville Harris is Professor of Law at the University of Manchester.
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