Diversity and Difference in South African Schools: An Education Law Perspective

Product Details:Author(s): Ayehsabu, P A , Balfour, R , Becker, A , Brown, A , De Wet, A , Du Preez, P , Ferguson, R , Heystek, J , Khumalo, J , Mashau, T , Mellet, S , Mutshaeni, N , Neethling, M , Nel, M , Roux, C and Van der Merwe, J Year Published:2018Edition1st EditionType:Print | Soft CoverLanguage:EnglishAbout this publicationEven though there are ample laws that protect learners and other role-players from exclusion, marginalisation and discrimination in schools, litigation and research have shown that education departments, school governing bodies (SGBs), managers, teachers and even learners struggle to create and sustain inclusive educational spaces.
Diversity and Difference in South African Schools aims to contribute to the field of Education Law by providing practical guidance on how to facilitate diversity and difference in schools. This work integrates law, policy and case law to provide a comprehensive legislative go-to source for guidance on how to deal with diversity in schools to achieve social integration and equal education for all. It explores how applications of law against the background of the constitutional values of dignity, equality and freedom determine the role school leaders, governors and teachers could play as agents of change.
This book can be used in teacher education, professional development and educational institutions to help those involved in governing or managing schools and teaching to understand the phenomena of diversity and difference and how they should or could be approached. It provides legal guidelines for teachers and schools to promote inclusivity and respect for diversity, difference and human rights.
Written by a diverse combination of authors from Education Law as well as other disciplines, this work brings together different perspectives on diversity and difference from various fields. In addition, it tackles diversity from a perspective of gender, sexuality, culture, religion, ethnicity, language, social class and ability.Content
Contextualising education law in a diverse South African educational environment
Legislation and policy
Case law
Law, theory and competencies leading to diversity-positive education
Diversity and difference in human rights and educational contexts
Unpacking different concepts
Othering and marginalisation o Approaches to diversity and difference in education
Gender and education in South Africa
Defining concepts
Possibilities for diversity-positive transformation: theoretical perspectives
Responding to gender difference and diversity in education: a legal framework
Beyond racial integration in education
Definition of concepts: racism, ethnicity, xenophobia and tribalism
Theoretical perspectives towards the inclusion of racial and ethnic diversity in educational institutions
Responding to racial and ethnic difference and diversity in education: a legal framework
Responding to sexual diversity in education
Defining concepts
Educational experiences and realities of students with diverse sexualities
Possibilities for diversity-positive transformation: theoretical perspectives
Responding to sexual difference and diversity in education: a legal framework
Recognition of diversity and culture in South African education
Defining terms
Culture and diversity in international law
Africa and cultural diversity
Constitution of the Republic of South Africa, 1996
A legislative framework for responding to diverse cultures in education
The role of multi-cultural education in promoting diversity-positive education
Responding to language diversity in education
The Constitution and the Pan-South African language board
Language policy for schooling o Language policy for higher education
Reflections on policy development and implementation
Responding to diverse religions and beliefs in education
Defining terms
Theoretical perspectives on responding to diverse religions and beliefs in education
Legal requirements for responding to diverse religions and beliefs in education
Problematising religious liberty in South African education
Children with disabilities and their rights
Understanding disability
Integrating the individual and social models as necessary: international developments in disability rights
The South African scenario
Challenges
An example of a court case
Meeting the different other in school governance: risks, possibilities and guidelines
Drafting policy
The constitutional duty of SGBS to promote and protect the rights in the Bill of Rights
Environment and structure which should be created to celebrate diversity in schools
Framing effective and lawful diversity-positive policies
Meeting the different other in education management: risks, possibilities and guidelines
Education policy framework for diversity positive management and inclusivity
Meeting the other through management for diversity-positive education
Meeting the different other in teaching–learning: risks, possibilities and guidelines
Who is the other and how could the self and the other meet in educational spaces?
Meeting the different other: risking conflict and dissonance
Meeting the different other: opportunities for renewal and subjectification
Meeting the other in classrooms: post-conflict pedagogies and moral guidelines
Table of cases
Index
Statutes
Interest / Benefit to
SGBs as policy-makers in schools, school principals as professional managers of schools and teachers as the day-to-day implementers of policy regarding diversity
Pre-service teachers
Officials of the department of education
Parents of learners
Non-educator staff at schools
Higher education institutions