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Finding the Solution for our Problems in Essay Writing

admin — Thu, 20 Oct 2011 16:22:18 +0000

There are so many kinds depressing activities that we often need to do in our life. However, we could not avoid the activities because it is something important for us, for example the writing activity. It sounds easy and simple activity but actually fro so many people, it becomes the hard and difficult thing to be done in the satisfying result. We often get the writing project duties on our education field. Of course it is something important for us to do it well and get the satisfying result because it will affect much on our academic achievement that will also give the great affect on our academic life. That is why it is important for all people, especially the students to deal with writing activities. It can be much harder if we have so many other assignments from our lecturers or teachers at the same time and have so many other activities to be done besides doing the writing project such as essay writing. It can break our focus and it will be hard for us to do the essay writing project. In the other hand, we have to be able to finish it well with the satisfying result.

If we are in that condition, of course, we will be really depressed and we could not think anymore. We do not need any worries actually. It is because we can get the alternative in solving the problems we can use the custom essay writing service that can write my essay. It will be really helpful in getting the best solution and the best idea in doing the essay writing assignment. They will help us write the essay and it is going to be so easy. They can write my essay in the satisfying result and the satisfying service too.

What about the quality of the essay that we will get? Of course, all people want to get the good quality essay, especially for the academic needs. We can get the high quality essay by choosing the qualified and reliable essay writing service, such as at PerfectEssay.net. There, we will find the reliable service that can be really satisfying and also the professional essay writer that will help us producing the high quality essay result. The service is also satisfying because we can get the essay as soon as possible based on our need. It will be really satisfying for us getting the qualified essay in the satisfying service.

Career in Special Education

admin — Wed, 04 May 2011 11:38:27 +0000

By Sadaket Malik

Special education is the education of students with special needs in a way that addresses the student’s individual differences and needs. Ideally, this process involves the individually planned and systematically monitored arrangement of teaching procedures, adapted equipment and materials, accessible settings, and other interventions designed to help learners with special needs achieve a higher level of personal self-sufficiency and success in school and community than would be available if the student were only given access to a typical classroom education.

Common special needs include learning disability, communication challenges, emotional and behavioral disorders, physical disabilities, and developmental disabilities.[1] Students with these kinds of disabilities are likely to benefit from additional educational services, different approaches to teaching, and use of technology.

Intellectual giftedness is a difference in learning and can also benefit from specialized teaching techniques or different educational programs, but the term “special education” is generally used to specifically indicate instruction of students whose special needs reduce their ability to learn independently or in a classroom, and gifted education is handled separately.

Special education can be an extraordinarily rewarding career for the right person. It takes someone with a great deal of patience, a love of children, and a thick skin to deal with difficult problems. But as in any field, the jobs with the greatest challenges tend to offer the highest rewards.

You want a career that allows you to help others. Being a special educator allows you to make a positive difference in the lives of children with disabilities. With the help of special educators, an increasing number of children with disabilities have succeeded in school and enrolled in college.

Being a special educator gives you the opportunity to use many talents and skills creatively and to grow both professionally and personally.

The need for special education professionals has never been greater. The U.S. Bureau of Labor Statistics estimates that the need for qualified special educators and related service personnel will increase “faster than most other professions” in the next 10 years. And the U.S. Department of Education reports “The number of students with disabilities served under IDEA continues to increase at a rate higher than both the general population and school enrollment.” Read about the need for special education professionals. The personal rewards of educating children and youth with disabilities is greater than you can ever imagine.

These days many schools and universities across the country are making efforts in teacher education reform in order to better the training of instructors, educators and therefore the education of children. Besides this, factors like reduced class sizes and an increase in the number of students are also forcing many schools to acquire teachers who have skills to handle every student effectively.

Looking at the present scenario, educators or teachers require special skills that can be nurtured through intensive training. Addressing to meet this demand, special education degrees have increased its popularity in recent years. So, if you are already involved in this teaching profession and wish to advance your career in the education leadership, a special education degree is a necessity.

Today where teaching is considered as a highly noble profession, attaining a degree in special education can enhance your teaching career. A special education program can even help you learn special skills including understanding diversity, teaching reading literacy, counseling and special education. During this course, you will receive training and educational information that educates you how to translate the knowledge to the students. Once you complete this special education program, you will be able to make decisions and take a stand on political issues that affect education and learning.

Another good thing about this degree program is that it gives teachers more opportunities in private schools and universities. This special education course provides you with one of the most convenient ways to gain higher income and greater career opportunities in the field of education. Today, in fact many of the employed teaching professionals looking to advance their career to leadership roles like principal or dean are considering attaining a degree in special education.

There are lots of institutions and schools that offer degree programs in special education. They can vary from student behavior management, institutionalized learning methods, student-teacher supervision, specific areas and solutions for effective child education and more.

Enjoying a better salary and job security, today a special education degree can put you at an advantage and may boost your career path. It is one of the best options for all those who are planning for career advancement in education.

In the last few years the requirement for qualified educators has boomed rapidly. In fact, with the rise in education standards and the number of educational institutes and schools, the education industry expects to look for more qualified educators in the coming years. Today, we cannot deny the fact that education is an extremely rewarding career field but currently it demands more qualified teachers to educate children at the elementary school or college level.

Today where teaching is considered as a highly noble profession, attaining a degree in special education can enhance your teaching career. A special education program can even help you learn special skills including understanding diversity, teaching reading literacy, counseling and special education. During this course, you will receive training and educational information that educates you how to translate the knowledge to the students. Once you complete this special teaching program, you will be able to make decisions and take a stand on political issues that affect education and learning.

There are lots of institutions and schools that offer degree programs in special teaching. They can vary from student behavior management, institutionalized learning methods, student-teacher supervision, specific areas and solutions for effective child education and more.

The popular national level institutes for disabled persons are the National institute for Hearing Handicapped, National Institute for the Mentally Handicapped, National Institute of the Visually Handicapped and National Institute for orthopedically handicapped. National Institute of Rehabilitation, Training and Research and The Institute for Physically Handicapped are other two national level institutes run by government.

Moreover, government has initiated District Rehabilitation Centre (DRC) scheme in ten states to make all-inclusive rehabilitation. Moreover, four Regional Rehabilitation Training Centers are there to train the staff and teachers who work wit
h these institutes.

Today due to global competitiveness, education scenario in India is fast changing. Along with that, special education is also catching importance and various government agencies are working hard to make it available to masses. There are almost 37 diploma courses in the field of special education in India some of the institutes offer courses like B.Ed as well. All these courses are regulated and governed by the Rehabilitation Council of India (RCI)- a legislative body under the Ministry of Social Justice and Empowerment.

However over the years many scholars have questioned the importance of special education in India as they feel that it leads to segregation and isolation of the differently abled children. They argue that by segregating the children at young age the very purpose bringing all children to the mainstream of, the purpose of special education is defeated.

Institutions Offering Special Education Courses in India

Courses Offered by Rehabilitation Council of India (RCI) New Delhi:-

Sl.No

Training Course

Duration in
Year(s)

(In the Field of Visual Impairment)

M.Ed. (Special Education) – Visual Impairment
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

B.A. B.Ed. (Visual Impairment)

B.Ed. (Special Education) – Visual Impairment
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

Bachelor in Mobility Science

Diploma in Education-Special Education (Visual Impairment)

Diploma in Education – Special Education (Deafblind)

(In the field of Hearing Impairment)

M.Ed. (Special Education) – Hearing Impairment)
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

B.Ed. (Special Education) – Hearing Impairment)
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

Diploma in Education – Special Education ( Hearing Impairment)

10.

Diploma in Teaching Young Hearing Impaired Children

11.

Diploma in Indian Sign Language Interpreting
(Level !,B,&C each of Four months duration)

(In the field of Mental Retardation)

12.

M.Ed. (Special Education) – Mental Retardation
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

13.

B.Sc. (Special Education and Rehabilitation)

14.

B.Ed. (Special Education)- Mental Retardation)
Norms for Appointment of Faculty for B.Ed. & M.Ed Spl. Edu.

15.

B.Ed. (Special Education) – Learning Disability

16.

P.G. Diploma in Early Intervention

17.

P.G. Diploma in Special Education (Mental Retardation) * Same as Sl.No. 13

18.

Diploma in Education – Special Education (Mental Retardation)

19.

Diploma in Vocational Rehabilitation (MR)

20.

Diploma in Early Childhood Special Education (MR)

(In the field of Rehabilitation Engineers / Technicians)

21.

Master of Prosthetics & Orthotics

22.

Bachelor of Prosthetic and Orthotics

4 1/2

23.

Diploma in Prosthetic and Orthotics

2 1/2

24.

Certificate Course in Prosthetic & Orthotic

25.

Certificate Course in Hearing Aid
( only for persons with hearing impairment)

26.

Certificate Course in Ear Mould Technology
(only for persons with hearing impairment)

1/2

(In the field of Community Based Rehabilitation)

27.

P.G. Diploma in Community Based Rehabilitation

28.

Diploma in Community Based Rehabilitation

( In the field of Rehabilitation Psychology)

29.

M.Phil (Rehabilitation Psychology)

30.

P.G. Diploma in Rehabilitation Psychology

(In the field of Clinical Psychology)

31.

M.Phil (Clinical Psychology)

(In the field of Speech and Hearing)

32.

“A”-Master in Audiology and Speech-Language Pathology (MASLP) – Annual

“B”-Master in Audiology and Speech-Language Pathology (MASLP) – Semester

33.

M.Sc. in Audiology

34.

M.Sc. in Speech Language Pathology

35.

“A”- Bachelor in Audiology and Speech-Language Pathology (BASLP) – Annual
“B”- Bachelor in Audiology and Speech-Language Pathology (BASLP) – Semester

36.

Diploma in Hearing Language and Speech

37.

Diploma in Hearing Aid and Ear Mould Technology

(In the field of Locomotor and Cerebral Palsy)

38.

B.Ed (Special Education) – Locomotor and Neurological Disorder

39.

P.G. Diploma in Special Education: Multiple Disabilities -Physical and Neurological

40.

P.G. Diploma in Developmental Therapy (Cerebral Palsy & Neurological Disabilities)

41.

Diploma in Education – Special Education (Cerebral Palsy)

42.

Basic Development Therapy Course for Children with Cerebral Palsy and other Neurological Handicaps

(In the field of Autism Spectrum and Disorder)

43.

Diploma in Education – Special Education ( Autism Spectrum Disorder)

(In the field of Rehabilitation Therapy)

44.

Bachelor in Rehabilitation Therapy

45.

Diploma in Rehabilitation Therapy

2 1/2

46.

Certificate Course in Rehabilitation Therapy Assistant

(In the field of Vocational Counselling and Rehabilitation Social Work/Administration)

47.

Master in Rehabilitation Science ( Rehab Social Worker)

48.

M.Sc. (Psycho-Social Rehabilitation)

49.

Bachelor in Rehabilitation Science ( Vocational Counsellor)

50.

Master in Disability Rehabilitation Administration

51.

Post-Graduate Diploma in Disability Rehabilitation and Management

Credit System

Final Guide-Book B.Ed. & M.Ed.

Final Guide-Book Diploma

Care Givers

Foundation Course in Care Giving

Training Courses conducted through Distance Education Mode in collaboration with various Universities.

B.Ed Spl Edu.-HI/VI/MR/LI & CP

P.G. Professional Diploma for in-service teachers

P.G. Diploma in Community Based Rehabilitation -Planning & Management

P.G. Diploma in Disability Management for Doctors

Diploma in Community Based Rehabilitation

Certificate in Clinical Psychology

The list of Institutions offering courses in several states of India:

ANDHRA PRADESH:

1.Thakur Hari Prasad Institute of Research & Rehabilitation for the Mentally Handicapped, Vivekanand Nagar, Dilsukh Nagar, Hyderabad-500660.

2.National Institute for the Mentally Handicapped, Manovikas Nagar, P.O Bowenpally, Secunderabad.

3.Department of Special Education, Andhra University, Vishakapatnam.

4.College of Teachers Education, Andhra Mahila Sabha, Durga Bai Deshmukh Vidhyapeethem, Osmania University Campus, Hyderabad-500007.

5.Sri Padmavathi Mahila Visvavidyalayam, Tirupati-517502.

DELHI:

6. Department of Rehabilitation,Safdarjung Hospital, Ansari Nagar, New Delhi-110016

7. Spastic Society of Northern India, Balbir Saxena Marg, Hauz khas, N
ew Delhi-16

8. Institute of Special Education, Y.M.C.A. Nizamuddin, New Delhi-110013.

9. Jamia Millia Islamia, Institute of Advanced Studies of education, Faculty of Education, Maulana Mohammed Ali Jauhar Marg, New Delhi-110025.

10. Pandit Deendayal Upadhyaya Institute for the Physically Handicapped (Ministry of Social Justice & Empowerment, Govt. of India), 4, Vishnu Digamber Marg, New Delhi-110002.

GUJARAT:

11. B.M Institute of Mental Health, Ashram Road, New Nehru Bridge, Navrangpura, Ahmedabad-380009.

12. Sh. K.L Institute for the Deaf, 51, Vidyanagar, Bhavnagar-364002.

13. Training College for Teachers of the Deaf & Blind, Navrangpura, Ashram Road, Ahmedabad-380009

14. Ankur Special School for Mentally Retarded, Plot No. 1945, Near Working Women’s Hostel, Sardarnagar Circle, Bhavnagar-364002.

JAMMU & KASHMIR:

15. Composite Regional Centre for Persons with Disabilities (Ministry of Social Justice & Empowerment) Bemina, bye pass (Near Women’s Polytechnic College), Srinagar-18.

16. MIER College of Education, Under Model Institute of Education & Research, B.C Road, Jammu-180001.

KARNATAKA:

17. Dr. S.R Chandrashekar Institute of Speech & Hearing, Hennur Road, Bangalore-5600084.

18. All India Institute for Speech & Hearing, Manus Gangothri, Mysore-570006.

MAHARASHTRA:

19. Mind’s College of Education Research Society for the Care Treatment & Training of Children in Need of Social Care, Sewri Hills, Sewri Road, Mumbai-400033.

20. The Poona School & Home for the Blind, Teachers Training Centre, 14-17, Koregaon Park, Dr. S.R Machave Road, Poona-411001.

21. S.N.D.T. Women’s University, Deptt. of Special Education, Sir Vithaldas Vidyavihar, Juhu Road, Santacruz (W) Mumbai-400049.

22. Dikush Teacher Training in Special Education, Church Road,Juhu, Mumbai-400049.

23. Hashu Advani College of Special Education, 64-65, Collector’s Colony, Chembur, Mumbai-400764.

24. The Spastics Society of India, Upper Colaba Road, Opp. Afghan Church, Colaba, Bombay-400005.

ORISSA:

25. Training Centers for Teachers of the Visually Handicapped, S.I.R.D Campus, Unit- VIII, Bhubaneshwar 751012.

26. Swami Vivekhanand National Institute of Rehabilitation Training and Research, Oltapur, P.O Bairoi, Dist Cuttack 754 010.

27. Training Centre for Teachers of the Deaf ( A joint Project of State Govt. & AYJNIHH), S.I.R.D Campus, Unit- 8, Bhubaneshwar-15.

TAMIL NADU:

28. Sri Ramakrishna Mission Vidhyalaya, College of Education, Sri Ramakrishna Vidhyalaya post, Coimbatore-641020.

29. Regional Training Centre, C/o Govt. Hr. School for the Blind, Poonamalle, Chennai-56.

30. Madras Institute to Habilitate Retarded Affiliated, D-171, RV Nagar, Anna Nagar, Chennai-600010.

31. Govt. Institute of Rehabilitation Medicine, K.K Nagar, Chennai-600083.

32. S.B.T. College of Special Education, Dr. M. A Thangaraj Compound, DRO Colony, Madhurai-625007.

33. Holy Cross College, Dept. of Rehabilitation Science & Special Education, Tiruchirapalli-620002.

34. Avinashilinagam Deemed University, Institute of Home Science & Hr. Education for Women. Coimbatore (0422-2641043)

35. The YMCA College of Physical Education, Nandham, Chennai-600035.

36. Bala Vidyalaya Institute for Teachers Training, 18, 1st Cross Street, Shashtri Nagar, Chennai-20.

37. N.K.T. National College of Education for Women, 21, Dr.Besant Road, Triplicane, Madras-600005.

UTTAR PRADESH:

38. U.P. Institute for the Hearing Handicapped, 4-7, Malviya Road, George Town, Allahabad-211002.

39. Chetna (A Society of the Welfare of Handicapped), Sector-C, Aliganj, Lucknow-226024.

40. Training College of Teachers of the Deaf, Aishbagh, (Tilak Nagar), Lucknow-226004.

41. Institute of Advanced Studies in Education, M.J.P. University, Bareilly-243006.

42. Banaras Hindu University, Faculty of Education, Kamachha, Varanasi.

43. Jagadguru Rambadrachry Handicapped University, Chitrakoot, U.P-210204.

WEST BENGAL:

44. National Institute for the Orthopaedically Handicapped, Bon-Hooghly, BT Road, Calcutta-700090.

45. National Institute for the Mentally Handicapped, Eastern Regional Centre,NIOH Campus, Bon-Hooghly, BT Road, Calcutta-700088.

46.AYNJIHH, Regional Training Centre, N.I.O.H Campus, Bon-Hooghly, BT Road, Calcutta-90.

47. Indian Institute for the Cerebral Palsy, (Formerly Spastic Society of Eastern India), P-35/1, Taratolla Road, Calcutta-700088.

48. Training Institute for the Teachers of the Visually Handicapped, Narenderpur, Calcutta-700103.

49. Manovikas Kendra, Rehabilitation and Research Institute for the Handicapped, 482-Madudah, Plot—24, Sec-J, Eastern Metropolitan Bypass, Calcutta-700107.

50. Training College for the Teachers of the Deaf, 293, Acharya Prafulla Chandra Road, Calcutta-09.

51.Speech & Hearing Institute and Research Centre, (SHRC), State Resource Centre (HI), 10, Mandeville Garden, Kolkata.

Sadaket Malik is an Educational Consultant based in Jammu and can be contacted at sadaketmalik@rediffmail.com

Implementing Strategic Planning in K-12 by Carmelita Thompson and William Allan Kritsonis, PhD Program in Educational Leadership, PV, Texas A&M System

admin — Sat, 23 Apr 2011 23:57:36 +0000

Carmelita Thompson and William Allan Kritsonis, PhD

Introduction

The Ways of Knowing Through the Realms of Meaning (Kritsonis, 2007) offers a pragmatic framework to strategic planning that will move educational organizations in innovative directions. In developing a strategic plan, an educational organization must implement Dr. Kritsonis’ (2007) six fundamental patterns of meaning designated respectively as symbolics, empirics, esthetics, synnoetics, ethics, and synoptics. Strategic planning is the process in which an educational organization determines its current status, envisions its long-term goals, makes projections for the future, and develops strategies to achieve those future aspirations. Strategic planning must be flexible and practical and yet serve as a guide to implement programs to evaluate the educational organizations progress. A strategic plan intertwining the six fundamental patterns of the Ways of Knowing Through the Realms of Meaning (Kritsonis, 2007) constructs innovative analytical and critical thinking that will improve and enhance the performance of educational organizations.

Purpose of the Article

The purpose of this article is to discuss ways in which strategic planning implemented by utilizing the Ways of Knowing Through the Realms of Meaning (Kritsonis, 2007) creates a high performing educational organization. Skilled strategic planning makes a current assessment of needs, develops the educational organization’s future thinking, builds commitment, and serves as the guiding document for the educational organization. Effective strategic planning includes articulating the educational organization’s vision, mission, and values to set a course for future aspirations.

The First Realm: Symbolics

The first realm of meaning is symbolics. Dr. Kritsonis (2007) states that ordinary language such as gestures, rituals, and rhythmic patterns allow people to communicate on a personal level. Effective leadership is the cornerstone of an educational environment. Eaker and Gonzalez write about learning leaders.

They create systems and processes to engage collaborative teams of teachers in 1) clarifying the essential knowledge and skills students are to acquire for every course, grade level and unit of every instruction 2) developing frequent common assessments to monitor each student’s learning on a timely basis, and 3) implementing a school-wide plan of intervention to guarantee students receive additional time and support for learning as soon as they experience difficulty. (Eaker & Gonzalez, 2007, p. 6)

The leader’s ability to articulate the educational organization’s vision, mission, and values to propel the organization into its preferred future is essential. A vision statement is a description upon which the organization aspires. It emphasizes where the educational organization will be at a specific time in the future. The organizational mission supports the vision and it describes the purpose of the organization. The organizational values state the organization’s intentions and the organization’s core priorities in the organization’s culture.

Implementing the strategic plan requires the use of symbolics. The vision must be clearly communicated within the educational organization. The vision needs to capture the present status of the educational organization, and serve to guide the direction of the organization. As a means of setting a central goal that the educational organization will aspire to reach, the vision helps to provide a focus for the mission of the organization. The vision should resonate with every member of the educational organization. The educational organization must clearly communicate its expectations so that members are able to perform effectively. The strategic planning is effective when it energizes and engages the educational organization.

The Second Realm: Empirics

The second realm of meaning is empirics. Empirics encompass facts and discovering the truth. Dr. Kritsonis says, “These sciences provide factual descriptions, generalizations, and theoretical formulations and explanations that are based upon observation and experimentation in the world of matter, life, mind, and society” (Kritsonis, 2007, p. 12). According to Dr. Kritsonis (2007), science is concerned with matters of fact and facts refer to data of observation. Educational data collection is vital for strategic planning in educational organizations.

Strategic planning, with an emphasis on empirics, provides an understanding of the design of the educational organization’s assessment of needs, finances, and it allows the organization to set specific data-driven priorities. The educational organization is obligated to be data driven to aide accountability within the organization. It is essential to the strategic planning of an educational organization to conduct a continuum of critical analysis of the system, policy formulation and appraisal, management and monitoring, and evaluation. Gathering data and analysis of the current situation of the organization and the critical issues pertaining to the organization’s status and functioning is required in an educational organization. The strategic planning process requires a multi-method approach in gathering comprehensive data. These multi-method approaches include standardized testing, observation, surveys, interviews, document collection, and other formal and informal measures of organizational status. Findings and remedial options are formulated to provide policy orientations. As the system is analyzed, future direction can be established. Specific programs may be developed or resources may be mobilized based upon the information obtained through the data analysis. A continuum of monitoring, review, and analysis takes places. The learning leadership understands that the organization must continually change (Eaker & Gonzalez, 2007). The more data educational organizations collect, the more effectively the organization can improve. Assessment is required to constantly improve the strategic planning and ensure the execution of the educational organization’s vision.

The Third Realm: Esthetics

Dr. Kritsonis says that health means wholeness which may be regarded as personal wholeness (2007).

The educational organization needs to include the arts in its strategic plan. It is imperative that educational organizations make meaningful connections across academic disciplines and everyday life. The arts can reinforce skills that connect learning to the real world. The additional positive effects of art education on student learning include attendance, communication, and critical thinking. Art education also requires discipline and skill which carries over into the community. A study conducted by Allen, Edmonson, and Fisher (2009) revealed art to benefit students’ verbal and linguistic skills. Allen, Edmonson, and Fisher’s findings were that he nature of fine arts classes was to help students better demonstrate ideas, feelings, and emotions through expressive use of their body and creative skills. This training could be beneficial to students in the form of written expression through TAKS writing and also help students in the reading portion of the TAKS. (Allen, Edmonson, & Fisher, 2009, p. 47)

The Fourth Realm: Synnoetic

Dr. Kritsonis describes synnoetics as “…meanings in which a person has direct insight into other beings (or oneself) as concrete wholes existing in relation”

Special Education, Public School Law & Educational Laws and Policies, Dr. William Allan Kritsonis

admin — Thu, 31 Mar 2011 22:14:43 +0000

William Alan Kritsonis, PhD

Professor

Public School Law & Educational Laws and Policies

FAPE

INTRODUCTION

The Individuals with Disabilities Education Act (IDEA) is the law that provides your child with the right to a free, appropriate public education (FAPE). The purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…” 20 U.S.C. 1400(d) (Wrightslaw: Special Education Law, 2nd Edition, page 20). The Board of Education v. Rowley case is significant because it established the principle that school districts are not required to maximize the potential of a child but provide some educational benefit to the child and how courts would examine future disputes under IDEA (Walsh, Kemerer, and Maniotis, 2005).

Case One

United States Supreme Court

BOARD OF EDUCATION OF THE HENDRICK HUDSON CENTRAL SCHOOL DISTRICT, WESTCHESTER COUNTY,

AMY ROWLEY, by her parents, ROWLEY et al.

No. 80 – 1002

LITIGANTS

Plaintiffs – Petitioners: Board of Education of the Hendrick Hudson Central School District, Westchester County, et al.

Defendant – Respondent: Amy Rowley, by her parents, Rowley, et., al.

BACKGROUND

The Education for All Handicapped Children Act of 1975 (IDEA), provides federal money to assist state and local agencies in educating handicapped children, and federally fund States in compliance with extensive goals and procedures. The Act represents an ambitious federal effort to promote the education of handicapped children, and was passed in response to Congress’ perception that a majority of handicapped in the United States “were either totally excluded from schools or [were] sitting idly in regular classrooms awaiting the time when they were old enough to ‘drop out.’” The Acts evolution and major provisions shed light on the question of statutory interpretation which is at the heart of this case.

Congress first addressed the problem of education the handicapped in 1966 when it amended the Elementary and Secondary Education Act of 1965 to establish a grant program “for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children. That program was repealed in 1970 by the Education for the Handicapped Act, Pub. L. No. 91-230, 84 Star, 175, Part B of which established a grant program similar in purpose to the repealed legislation. Neither the 1966 nor 1970 legislation contained specific guidelines for state use of the grant money; both were aimed primarily at stimulating the States to develop educational resources and to train personnel for educating the handicapped.

Dissatisfied with the progress being made under these earlier enactments, and spurred by two district court decisions holding that handicapped children should be given access to a public education, Congress in 1974 greatly increased federal funding for education of the handicapped and for the first time required recipient States to adopt “a goal of providing full educational opportunities to all handicapped children.” Pub. L. 93-380, 88 Stat. 579, 583 (1974) (the 1974 statue). The 1974 statute was recognized as an interim measure only, adopted “in order to give the Congress an additional year in which to study what if any additional Federal assistance [was] required to enable the States to meet the needs of handicapped children.” H.R. Rep. No. 94-332, supra, p.4. The ensuing year of study produced the Education for All Handicapped Children Act of 1975.

In order to qualify for federal financial assistance under the Act, a State must demonstrate that it “has in effect a policy that assures all handicapped children the right to a free appropriate public education.” 20 U.S.C. 1412(1). The “free appropriate public education” required by the Act is tailored to the unique needs of the handicapped child by means of an ‘individualized educational program” (IEP). In addition to the state plan and the IEP already described, the Act imposes extensive procedural requirements upon State receiving federal funds under its provisions. Parents or guardians of handicapped children must be notified of any proposed change in “the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child,” and must be permitted to being a complaint about “any matter relating to” such evaluation and education. 1415(b)(1)(D) and (E).6 Complaints brought by parents or guardians must be resolved at “an impartial due process hearing,” and appeal to the State educational agency must be provided if the initial hearing is held at the local or regional level. Thus, although the Act leaves to the States the primary responsibility for developing and executing educational programs for handicapped children, it imposes significant requirements to be followed in the discharge of that responsibility. Compliance is assured by provisions permitting the withholding of federal funds upon determination that a participating state or local agency has failed to satisfy the requirements of the Act, 1414(b)(A), 1416, and by the provision for judicial review. At present, all States except New Mexico receive federal funds under the portions of the Act at issue today.

FACTS

Amy Rowley is a deaf student in New York. Amy has minimal residual hearing and is an excellent lipreader. During the year before she started attending Furnace Woods School, Amy’s parents and school administrators met and decided to place her in a regular kindergarten classroom to determine what supplemental services would be necessary to her education. Several members of the administration took a course in sign-language interpretation, and a teletype machine was installed in the principal’s office to facilitate communication with her parents who are also deaf. After Amy was placed temporarily in the regular classroom, it was determined that she should stay in that class, but be provided with an FM hearing aid to amplify words. Amy successfully finished her kindergarten year.

Before Amy entered first grade, an Individualized Education Plan (IEP) was prepared, which provided that Amy should continue to receive her education in the regular classroom and use the FM hearing aid, she should also receive instruction from a tutor for the deaf for one hour each day and from a speech therapist for three hours each week. The Rowleys agreed with parts of this plan, but insisted that Amy also be provided a qualified sign-language interpreter in all of her academic classes instead of the assistance proposed in other parts of the IEP.

An interpreter had been placed in Amy’s kindergarten class for a 2-week experimental period, but the interpreter had reported that Amy did not need his services at that time. The same conclusion was reached by the school for Amy’s first grade year. An independent examiner also agreed with the adm
inistrators’ determination that an interpreter was not necessary because Amy was achieving educationally, academically, and socially without such assistance. Amy performs better than the average child in her class and is advancing easily from grade to grade. However, she understands less of what goes on in the class than she could if she were not deaf and so she is not learning as much, or performing as well academically, as she would without her handicap.

DECISION

The Court stated that a “free appropriate public education” is one which consists of educational instruction specially designed to meet the unique needs of the handicapped child, supported by such services as are necessary to permit the child “to benefit” from the instruction. If personalized instruction is being provided with sufficient supportive services to allow the child to benefit from the instruction, and the other items on the definitional checklist are satisfied, the child is receiving a “free public education.” Absent in the statute is any substantive standard prescribing the level of education to be accorded handicapped children.

“By passing the Act, Congress sought primarily to make public education available to handicapped children. But in seeking to provide such access to public education, Congress did not impose upon the States any greater substantive educational standard than would be necessary to make such access meaningful.” Board of Education v. Rowley, 458 U.S. 176 at 192. The Court says the intent of the act was more to open the

Higgins, Green, Reece

door of pubic education than to guarantee the level of education once inside. The Court further states that whatever Congress meant by an “appropriate” education, it did not mean a potential-maximizing education. It did not mean the State had to provide specialized services to maximize each child’s potential “commensurate with the opportunity provided other children.” The basic floor of opportunity provided by the Act is access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.

DICTA

Implicit in the congressional purpose of providing access to a “free appropriate public education” is the requirement that the education to which access is provided be sufficient to confer some educational benefit upon the handicapped child. It would do little good for Congress to spend millions of dollars in providing access to public education only to have the handicapped child receive no benefit from that education. The statutory definition of “free appropriate public education,” in addition to requiring that States provide each child with “specially designed instruction,” expressly requires the provision of “such . . . supportive services . . . as may be required to assist a handicapped child to benefit from special education.” 1401(17) (emphasis added). We therefore conclude that the “basic floor of opportunity” provided by the Act consists of access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.

IMPLICATIONS

The determination of when handicapped children are receiving sufficient educational benefits to satisfy the requirements of the Act presents a more difficult problem. The Act requires participating States to educate a wide spectrum of handicapped children, from the marginally hearing-impaired to the profoundly retarded palsied. It is clear that the benefits obtainable by children at one end of the spectrum will differ dramatically form those obtainable by children at the other end, with infinite variations in between. One child may have little difficulty competing successfully in an academic setting with nonhandicapped children while another child may encounter great difficulty in acquiring even the most basic of self-maintenance skills. We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act. Because in this case we are presented with a handicapped child who is receiving substantial specialized instruction and related services, and who is performing above average in the regular classrooms of a public school system, we confine our analysis to the situation.

PUBLICE SCHOOL LAW

William Allan Kritsonis, PhD

LEAST RESTRICTIVE ENVIRONMENT

INTRODUCTION

An important provision of Public Law 94-142 (IDEA) is that all handicapped students be educated in the least restrictive environment (LRE) (Heron & Skinner, 1981). Federal law expresses a strong preference for placing the child with disabilities in the setting in which that child would be served if there were no disability (Walsh, Kemerer, and Maniotis, 2005). However, these requirements continue to generate complex and interesting questions from the field. In particular, this report focuses on questions that have been raised about the relationship of IDEA’s LRE requirements to “inclusion.” If the goal of IDEA is to mainstream students with disabilities, despite efforts made from administrators, specialists, and staff, how can this be achievable if the child has not made academic progress in the regular classroom?

Case One

United States Court of Appeals,

Fourth Circuit.

950 F.2d. 156

18 IDELR 350

Shannon CARTER, a minor, by and through her father, and next friend, Emory D. Carter, et al., Plaintiffs-Appellee,

FLORENCE COUNTY SCHOOL DISTRICT FOUR: Ernest K. NICHOLSON, Superintendent, in his official capacity; SCHOOL BOARD MEMBERS; Bennie ANDERSON, Chairman; Monroe FRIDAY, Jack ODOM; Elrita BACOTE; T.R. GREEN; James W. HICKS, in their official capacity

No. 91 – 1047

LITIGANTS

Plaintiffs – Appellees: Mark Hartmann, et al.

Defendant – Appellant: Florence County School District Four, et., al.

BACKGROUND

Mark Hartmann is an eleven year old child with autism. Autism is a developmental disorder characterized by significant deficiencies in communication skills, social interaction, and motor control. Mark is not able to speak and has severed problems with fine motor coordination. Mark’s ability to write is limited. He types on a keyboard but can only consistently type a few words such as “is” and “at”. Mark has had episodes of

Loud screeching and other disruptive conduct; including, hitting, pinching, kicking, biting, and removing his clothing. The school district proposed removing Mark from the regular classroom and place him in a class structured for children with autism. However, he would be integrated for art, music, physical education, library, and recess. Mark would be allowed to rejoin the regular education setting as he demonstrated an improved ability to handle it. The Hartmanns refused to approve the IEP, claiming that it failed to comply with the mainstreaming provision of the IDEA, which states that “to the maximum extent appropriate,” disabled children should be educated with children who are not handicapped. 20 U.S.C. § 1412(5)(B). The county initiated due process proceedings,
20 U.S.C. § 1415(b), and on December 14, 1994, the local hearing officer upheld the May 1994 IEP. She found that Mark’s behavior was disruptive and that despite the “enthusiastic” efforts of the county, he had obtained no academic benefit from the regular education classroom. On May 3, 1995, the state review officer affirmed the decision, adopting both the hearing officer’s findings and her legal analysis. The Hartmanns then challenged the hearing officer’s decision in federal court.

While the administrative process continued, Mark entered third grade in the regular education classroom at Ashburn. In December of that year, the Hartmanns withdrew Mark from Ashburn. Mark and his mother moved to Montgomery County, Virginia, to permit the Hartmanns to enroll Mark in public school there. Mark was placed in the regular third-grade classroom for the remainder of that year as well as the next.

The district court reversed the hearing officer’s decision. The court rejected the administrative findings and concluded that Mark could receive significant educational benefit in a regular classroom and that “the Board simply did not take enough appropriate steps to try to include Mark in a regular class.” The court made little of the testimony of Mark’s Loudoun County instructors, and instead relied heavily on its reading of Mark’s experience in Illinois and Montgomery County. While the hearing officer had addressed Mark’s conduct in detail, the court stated that “given the strong presumption for inclusion under the IDEA, disruptive behavior should not be a significant factor in determining the appropriate educational placement for a disabled child.”

FACTS

Mark spent his pre-school years in various programs for disabled children. In kindergarten, he spent half his time in a self-contained program for autistic children and half in a regular education classroom at Butterfield Elementary in Lombard, Illinois. Upon entering first grade, Mark received speech and occupational therapy one-on-one, but was otherwise included in the regular classroom at Butterfield full-time with an aide to assist him.

After Mark’s first-grade year, the Hartmanns moved to Loudoun County, Virginia, where they enrolled Mark at Ashburn Elementary for the 1993-1994 school year. Based on Mark’s individualized education program (IEP) from Illinois, the school placed Mark in a regular education classroom. To facilitate Mark’s inclusion, Loudoun officials carefully selected his teacher, hired a full-time aide to assist him, and put him in a smaller class with more independent children. Mark’s teacher, Diane Johnson, read extensively about

autism, and both Johnson and Mark’s aide, Suz Leitner, received training in facilitated communication, a special communication technique used with autistic children. Mark received five hours per week of speech and language therapy with a qualified specialist, Carolyn Clement. Halfway through the year, Virginia McCullough, a special education teacher, was assigned to provide Mark with three hours of instruction a week and to advise Mark’s teacher and aide.

Mary Kearney, the Loudoun County Director of Special Education, personally worked with Mark’s IEP team, which consisted of Johnson, Leitner, Clement, and Laurie McDonald, the principal of Ashburn. Kearney provided in-service training for the Ashburn staff on autism and inclusion of disabled children in the regular classroom. Johnson, Leitner, Clement, and McDonald also attended a seminar on inclusion held by the Virginia Council for Administrators of Special Education. Mark’s IEP team also received assistance from educational consultants Jamie Ruppmann and Gail Mayfield, and Johnson conferred with additional specialists whose names were provided to her by the Hartmanns and the school. Mark’s curriculum was continually modified to ensure that it was properly adapted to his needs and abilities.

Frank Johnson, supervisor of the county’s program for autistic children, formally joined the IEP team in January, but provided assistance throughout the year in managing Mark’s behavior. Mark engaged in daily episodes of loud screeching and other disruptive conduct such as hitting, pinching, kicking, biting, and removing his clothing. These outbursts not only required Diane Johnson and Leitner to calm Mark and redirect him, but also consumed the additional time necessary to get the rest of the children back on task after the distraction.

Despite these efforts, by the end of the year Mark’s IEP team concluded that he was making no academic progress in the regular classroom. In Mark’s May 1994 IEP, the team therefore proposed to place Mark in a class specifically structured for autistic children at Leesburg Elementary. Leesburg is a regular elementary school which houses the autism class in order to facilitate interaction between the autistic children and students who are not handicapped. The Leesburg class would have included five autistic students working with a special education teacher and at least one full-time aide. Under the May IEP, Mark would have received only academic instruction and speech in the self-contained classroom, while joining a regular class for art, music, physical education, library, and recess. The Leesburg program also would have permitted Mark to increase the portion of his instruction received in a regular education setting as he demonstrated an improved ability to handle it.

DECISION

To demand more than this from regular education personnel would essentially require them to become special education teachers trained in the full panoply of disabilities that their students might have. Virginia law does not require this, nor does the IDEA. First, such a requirement would fall afoul of Rowley’s admonition that the IDEA does not guarantee the ideal educational opportunity for every disabled child. Furthermore, when the IDEA was passed, Congress’ intention was not that the Act displace the primacy of

States in the field of education, but that States receive funds to assist them in extending their educational systems to the handicapped.” Rowley, 458 U.S. at 208. The IDEA “expressly incorporates State educational standards.” Schimmel v. Spillane, 819 F.2d 477, 484 (4th Cir. 1987). We can think of few steps that would do more to usurp state educational standards and policy than to have federal courts re-write state teaching certification requirements in the guise of applying the IDEA. In sum, we conclude that Loudoun County’s efforts on behalf of Mark were sufficient to satisfy the IDEA’s mainstreaming directive.

DICTA

The IDEA embodies important principles governing the relationship between local school authorities and a reviewing district court. Although section 1415(e)(2) provides district courts with authority to grant “appropriate” relief based on a preponderance of the evidence, 20 U.S.C. § 1415(e)(2), that section “is by no means an invitation to the courts to substitute their own notions of sound educational policy for those of the school authorities which they review.” Board of Education of Hendrick Hudson Central Sch. Dist. v. Rowley, 458 U.S. 176, 206 (1982). These principles reflect the IDEA’s recognition that federal courts cannot run local schools. Local educators deserve latitude in determining the individualized education program most appropriate for a disabled child. The IDEA does not deprive these educators of the right to apply their professional judgment. Rather it establishes a “basic floor of opportunity” for every handicapped child. Rowley, 458 U.S. at 201. States must provide specialized instruction and
related services “sufficient to confer some educational benefit upon the handicapped child,” id. at 200, but the Act does not require “the furnishing of every special service necessary to maximize each handicapped child’s potential,” id. at 199.

IMPLICATIONS

The IDEA encourages mainstreaming, but only to the extent that it does not prevent a child from receiving educational benefit. The evidence in this case demonstrates that Mark Hartmann was not making academic progress in a regular education classroom despite the provision of adequate supplementary aids and services. Loudoun County properly proposed to place Mark in a partially mainstreamed program which would have addressed the academic deficiencies of his full inclusion program while permitting him to interact with nonhandicapped students to the greatest extent possible. This professional judgment by local educators was deserving of respect. The approval of this educational approach by the local and state administrative officers likewise deserved a deference from the district court which it failed to receive. In rejecting reasonable pedagogical choices and disregarding well-supported administrative findings, the district court assumed an educational mantle which the IDEA did not confer. Accordingly, the judgment must be reversed, and the case remanded with directions to dismiss it.

William Allan Kritsonis, PhD

SPECIAL EDUCATION

INTRODUCTION

“Appropriate” education is one that goes beyond the normal school year. If a child will experience severe or substantial regression during the summer months in the absence of a summer program, the handicapped child may be entitled to year round services. The Education for All Handicapped Children Act (EAHCA) passed in 1975, this act provided support to state special education programs to provide free appropriate public education to disabled children. National precedent establishing the tests for determining the need for an extended school year for special needs children.

For the purpose of this case we will determine if there is sufficient enough evidence of regression to justify requiring the district to provide summer services to the student.

Case One

United States Court of Appeals,

Fifth Circuit

Alamo Heights Independent School District-Plaintiff-Appellants

State Board Of Education, et al., Defendants-Apelles

790 F .d 1153

LITIGANTS

Plaintiff –Appellant: Alamo Heights Independent School District

Defendants – Apelles: State Board of Education

Background

In the summer 1979, when Steven was seven, his mother moved into the Alamo Heights Independent School District. That school year Steven attended a special education program at Cambridge Elementary School. In the late spring of 1980, Mrs. G.

requested that the Alamo Heights Independent School District provide summer services for Steven.

For seven years prior to 1980 the Alamo Heights School District had offered a summer program to all special education students who were moderately or severely handicapped. The decision to offer the program was made on the administrative level, as a matter of district policy, and any moderate to severely handicapped child was eligible to

attend. In the summer of 1980, when Steven would have been eligible for this program, however, the School District changed its policy and offered only a half-day one-month program, without providing transportation. The decision to curtail the summer program was based on its cost and the apparent lack of interest on the part of teachers and eligible students in previous years.

No students from Steven’s multiply handicapped class took advantage of the 1980 summer program, nor did Steven. It is not clear, however, whether Mrs. G. was not told of the program or whether the lack of transportation and the hours made it impossible for Steven to attend. During that summer, Steven stayed with a baby-sitter who had no training in special education. There was testimony that Steven’s behavior deteriorated that summer and that he suffered regression in his ability to stand, point, and feed himself.

The next year Mrs. G.’s request for summer services and transportation was refused by school officials, without consultation with Steven’s Admission, Review and Dismissal (ARD) Committee or with his teacher. The only caretaker Mrs. G. could find for Steven lived a mile outside of the district boundary, and even during the school year, the School District would not provide out-of-district transportation.

Mrs. G. then employed legal counsel and appealed the denial of services to the Texas Education Agency. The administrative hearing officer issued an interim order requesting a meeting of Steven’s ARD Committee to consider the issue of summer services. The ARD Committee met and agreed only to provide some adaptive equipment for Steven and to request consultative services from the state during the summer of 1981. On August 21, 1981, the hearing officer issued a “proposal for decision” in which he found that the School District was required to provide summer services and related

transportation services during 1981, and also required the School District to make a decision regarding summer services for 1982 by March of 1982.

Facts

Without some kind of continuous, structured educational program during the evidence to conclude that Steven G. would definitely suffer severe regression after a summer without such a program, neither can it conclude that he would not and there is evidence that shows that Steven G. has suffered more than the loss of skills in isolated instances, and that he has required recoupment time of more than several weeks after summers without continuous, structured programming. A summer without continuous, structured programming would result in substantial regression of knowledge gained and skills learned, and, given the severity of Steven G.’s handicaps, this regression would be significant.

Decision

Mrs. G.’s efforts to obtain the appropriate provision of free educational services for her son were pursued within the administrative framework set up by the State of Texas pursuant to EAHCA guidelines. The success she achieved in requiring the School District to provide Steven with an appropriate individualized educational placement, including summer services, was obtained through and within the “elaborate, precisely

defined administrative and judicial enforcement system. Because we find that, whether or denominated due process, the claims upon which Mrs. G. has prevailed are rights granted by the EAHCA, and because the EAHCA contains no provision for attorney’s fees, we agree with the district court that no attorney’s fees are to be awarded under Sec. 1988.

We also find that Mrs. G. is not entitled to attorney’s fees under the Rehabilitation Act. In Smith, the Court stated, “Of course, if a State provided services beyond those required by the [EAHCA], but discriminatorily denied those services to a handicapped child, Section 504 [of the Rehabilitation Act] would remain available as an avenue of relief.”

Mrs. G. asserts that the fact that the School District provided a summer remedial reading program, free of charge, to nonhandicapped children without providing an

analogous free summer program to handicapped children is a clear instance of discrimination on the basis of handicap in violation of Sec. 504.

We do not agree. Under the EAHCA, the School District is required to provide handicapped children with a free, appropriate education geared towards their individual needs. If a handicapped child’s IEP requires summer services under the EAHCA, he is entitled to summ
er services. The fact that the School District affords some nonhandicapped children remedial help during the summer does not mean that it is required to offer similar remedial summer guidance to handicapped children, irrespective of whether their individual IEP’s provide for structured summer services. The school district’s action in Steven’s case has not been shown to constitute discrimination on the basis of his handicap distinct from the protection afforded under the EAHCA. Hence, Mrs. G. is not entitled to attorney’s fees under 29 U.S.C. Sec. 794a(b), the attorney’s fees provision of the Rehabilitation Act.

Finally, the School District argues that it was denied due process by the procedures employed by the State Board of Education during the administrative stage of this action. It contends that under Helms v. McDaniel, the hearing officer’s initial proposed decision of August 24, 1981 should have been considered the final decision of the case and that the hearing officer’s later adoption of the Commissioner of Education’s decision was a direct violation of Helms. It contends that the failure of the hearing officer to adopt his initial proposed decision as the final decision of the case denied them due process. The School District does not favor us with any authority for the proposition that an adjudicative officer is prohibited by the due process clause from changing his opinion in the course of an orderly procedure. We find the district court did not err in dismissing the School District’s due process claims against the state defendants.

Dicta

The district court carefully phrased its conclusion and, while it did not explicitly state that the educational program offered by the School District did not meet the “some

educational benefit” standard of Rowley, the district court showed that it was aware of that decision and its judgment is therefore tantamount to such a conclusion. Hence, we

hold that the district court applied the appropriate standard to the factual determinations supported by the record. The general injunctive relief granted by the court was

appropriate to ensure that Steven receives the summer programming to which he is entitled under the Act.

With respect to out-of-district transportation for Steven G., the district court found that transportation is included in the definition of “related service” under 20 U.S.C. Sec. 1401(a)(17) and that such transportation does not cease to be a related service simply because a parent requests transportation to a site a short distance beyond the district boundaries.

Implications

The evidence indicates that Todd was receiving benefit from the TISD special education program, and hence, the TISD special education program was an appropriate placement under IDEA. Equally important, the TISD special education program provided Todd with an opportunity to interact with nondisabled peers, and was a less restrictive environment than The Oaks. Thus, regardless of whether Todd extracted any academic benefit from the educational program at The Oaks, Todd’s parents’ unilateral decision to place him there remains their financial responsibility. For these reasons, the decision of the district court is AFFIRMED.

SPECIAL EDUCATION

Professor William Allan Kritsonis, PhD Program in Educational Leadership, PVAMU, The Texas A&M University System

SPECIAL EDUCATION

INTRODUCTION

In order to assure that all children are given a meaningful opportunity to

benefit from public education, the education of children with disabilities is

required to be tailored to the unique needs of the handicapped child by means of an individualized education plan (IEP). As a condition of federal funding, IDEA requires states to provide all children with a “free appropriate public education,” with the statutory term “appropriate” designating education from which the schoolchild obtains some degree of benefit.

This report focuses on parents rights to place their son in a unilateral placement despite the public school program and IEP. The parents by law have the right to request reimbursement for private placement.

Case One

United States Courts of Appeals,

Fifth Circuit

TODD L., Mr. and Mrs. L., Defendant-Appellants,

v.
TEAGUE INDEPENDENT SCHOOL DISTRICT, et al., Plaintiff-Appellee,

Docket No. No. 92-8427.

LITIGANTS

Plaintiffs-Appellant: Todd L., Mr. and Mrs. L., et.al

Defendant-Appellee: TEAGUE INDEPENDENT SCHOOL DISTRICT

BACKGROUND

As a condition of federal funding, IDEA requires states to provide all children with a “free appropriate public education,” with the statutory term “appropriate” designating education from which the schoolchild obtains some degree of benefit. IDEA requires that children with disabilities be educated to the maximum extent possible with nondisabled children in the least restrictive environment consistent with their needs, a concept referred to as “mainstreaming.” In order to assure that all children are given a meaningful opportunity to benefit from public education, the education of children with disabilities is required to be tailored to the unique needs of the handicapped child by means of an individualized education plan (IEP).

Complying with IDEA, Todd’s local public school district (the Teague Independent School District, “TISD”), in collaboration with Todd and his parents, developed an IEP for Todd. Consistent with IDEA’s requirement that special education services be tailored to the unique needs of the child, the IEP emphasized one-on-one instruction in specially equipped classrooms, and reduced the length of Todd’s school day from seven hours to two hours. Todd’s school day was reduced not for the convenience of school staff, but in response to Todd’s inability to tolerate a longer school day without becoming unduly frustrated and discouraged, leading to regression rather than academic progress.

The school psychologist specifically found that a shortened school day would be necessary, at least temporarily, to assure that Todd’s inability to tolerate frustration did not lead to his giving up on academics altogether and dropping out of school. Though Todd was educated separately from his nondisabled peers for part of the school day, the school arranged for Todd to have contact with nondisabled peers. The goal of Todd’s four-year IEP was to provide him with a nonthreatening environment in which he could continue to make academic progress while gradually learning to tolerate a lengthened school day and increased stress. The record indicates that the authors of Todd’s IEP fully expected that ultimately Todd would be reintegrated into “the mainstream” of regular classes at the TISD school, and would graduate.

Facts

When Todd’s parents sought reimbursement for the costs of Todd’s institutionalization, the TISD refused on the grounds that Todd had been able to benefit from the TISD program and that The Oaks placement was more restrictive than necessary to provide Todd with educational benefit. Todd’s parents appealed to a special education

hearing officer, who found that Todd’s parents should be reimbursed. The special education hearing officer found that Todd’s parents had established that Todd’s local

public school was an inappropriate placement while The Oaks was an appropriate placement. According to the hearing officer, there was no evidence that Todd had obtained any benefit from special education at the TISD School. Contending that this factual conclusion was clearly erroneous, and that the hearing officer did not take into account the relative restrictiveness of The Oaks and the TISD
School’s special education program, the school district appealed the hearing officer’s decision to federal district court.

Although the district court indicated that it gave “due weight” to the decision of the hearing officer, the district court concluded, after reviewing all the evidence from the administrative proceeding and hearing additional evidence, that the TISD public school placement was appropriate, and that The Oaks placement was inappropriate. Therefore, the district court reversed the hearing officer’s decision to grant Todd’s parents reimbursement for the cost of Todd’s institutionalization at The Oaks. Todd’s parents appeal the district court’s decision. We affirm.

Decision

Having decided that the district court did not err in subjecting the hearing officer’s decision to a searching review, it remains only to decide whether the conclusions drawn by the district court were proper. We review de novo, as a mixed question of law and fact, the district court’s decision that the local school’s IEP was appropriate and that the alternative placement was inappropriate under IDEA. Christopher M. v. Corpus Christi Independent Sch. Dist., 933 F.2d 1285, 1289 (5th Cir.1991). We review the district court’s findings of “underlying fact” for clear error. Id. See also Sherri A.D., 975 F.2d at 207. Findings of “underlying fact” include findings that the schoolchild obtained

any benefit from special education services or would be threatened by a longer school day. Christopher M., 933 F.2d at 1289. If a parent or guardian unilaterally removes a child from the local public school system, the parent or guardian may obtain reimbursement for an alternative placement only if able to demonstrate that the regular school placement was inappropriate, and that the alternative placement was appropriate. School Comm. of Burlington v. Department of Educ., 471 U.S. 359, 373-74, 105 S.Ct. 1996, 2004, 85 L.Ed.2d 385 (1985). If Todd’s IEP in the local public school district was appropriate, then there is no need to inquire further as to the appropriateness of The Oaks’ program.

Under IDEA, an “appropriate” placement is that which enables a child to obtain “some benefit” from the public education he is receiving; not necessarily maximization of his potential. See Rowley, 458 U.S. at 198-200, 102 S.Ct. at 3047. In addition to requiring that the child’s placement be appropriate in the sense of providing some benefit, IDEA mandates that to the fullest extent possible, disabled children be educated with non-disabled children in the least restrictive environment. See 20 U.S.C. § 1412(5); Rowley, 458 U.S. at 202, 102 S.Ct. at 3048; Sherri A.D., 975 F.2d at 206 (“Even in cases in which mainstreaming is not a feasible alternative, there is a statutory preference for serving disabled individuals in the setting which is least restrictive of their liberty and which is near the community in which their families live”). A presumption exists in favor of the local public school district’s plan for educating the child, provided it comports with IDEA. See Tatro v. State of Texas, 703 F.2d 823, 830 (5th Cir.1983). See generally Rowley, 458 U.S. at 207-08, 102 S.Ct. at 3051.

There is ample evidence that Todd received significant benefit from his public school placement. Todd’s teacher and school psychologist both testified that Todd made significant progress academically and behaviorally while in the TISD special education program. Not only did Todd advance in terms of grade level, he also became steadily more able to focus on particular tasks for longer periods without experiencing debilitating frustration. At the same time, the TISD special education program provided Todd with

some opportunity to interact with nondisabled peers, and the opportunity to participate in the affairs of the community in which he lived.

Todd’s one-on-one instruction at TISD was no more restrictive than necessary to assure that he would receive some academic benefit from special education at TISD. The school psychologist testified that while she would have recommended some sort of residential placement had the district not been able to provide Todd with one-on-one

instruction, she would never consider placing a child like Todd at a residential facility as restrictive as The Oaks without first exhausting the full range of less restrictive alternatives. She testified that even though Todd had serious behavior problems, she did not consider him so unruly as to require twenty-four hour supervision in a locked unit. In the school psychologist’s opinion, The Oaks was a placement of last resort.

By contrast to the unambiguous evidence that Todd benefitted from special education at the TISD school, the evidence that Todd benefitted from educational services at The Oaks is equivocal. The evidence Todd’s parents produced to support their claim that Todd benefitted academically from educational programming at The Oaks compares Todd’s performance before he received special education services at the TISD school with Todd’s performance after he was institutionalized. Hence, it is difficult, if not impossible, to ascertain whether the source of the benefit Todd obtained was provided primarily by the TISD school, or by The Oaks. It is uncontroverted that The Oaks’ focus was on behavior management, and that The Oaks devoted only the same or a little more time to Todd’s educational programming than did the TISD school.

Finally, Todd’s placement at The Oaks involved more restrictions on Todd’s liberty than any other potential placement, removed Todd from his home community, and completely precluded him from having any contact with nondisabled peers. There is exceedingly little evidence, other than the hospital’s willingness to admit Todd, that he required such a restrictive environment. Although we can assume, based on Todd’s admission to The Oaks, that a physician

ratified Todd’s parents’ decision to hospitalize their son, the great weight of the evidence indicated that he could not only cope, but thrive, in a less restrictive setting.

Dicta

Todd with an opportunity to interact with nondisabled peers, and was a less restrictive environment than The Oaks. Thus, regardless of whether Todd extracted any academic benefit from the educational program at The Oaks, Todd’s parents’ unilateral decision to place him there remains their financial responsibility. For these reasons, the decision of the district court is AFFIRMED.

Implications

The district court carefully phrased its conclusion and, while it did not explicitly state that the educational program offered by the School District did not meet the “some educational benefit” standard of Rowley, the district court showed that it was aware of that decision and its judgment is therefore tantamount to such a conclusion. Hence, we hold that the district court applied the appropriate standard to the factual determinations supported by the record. The general injunctive relief granted by the court was appropriate to ensure that Steven receives the summer programming to which he is entitled under the Act.

Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)

Remarks by Angela Stevens McNeil

July 26th 2008

Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his d
edication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington. In 1971, he earned his Master’s in Education from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa.

Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. He has also earned tenure as a professor at the highest academic rank at two major universities.

In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning.

In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.

Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.

Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.

Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.

What Is Distance Education?

admin — Mon, 14 Mar 2011 21:37:13 +0000

What is Distance Education?

Establish a definition of Distance Education, after analyzing how define some educational institutions. Examine the origin of distance education and compare the term with similar expressions.
Before attempting to explain the complex and controversial issue is useful to define the terms in question. In this case, before defining distance education, we should first define Education.

Education
A dictionary definition of education is:
“The act or process of educating or being educated.” Or more simple “The act of imparting knowledge.

It is important to note that the words in the definitions above are action or process. But Education is associated with a place such as school, university, schools and not the process.

Learning
With regard to the concept of learning, there are various conceptions and interpretations. Examine some of them, as well as elements of them.
We call learning modality or man’s ability to learn, which occurred as a result of motor activities that cannot be attributed simply to the process of growth and development as human beings.
We can say that learning is a process of acquiring knowledge and skills. For this process can be defined as learning, rather than passing a simple restraint must involve retention of knowledge or skill in question to allow for their demonstration at a future time. Learning can be defined in a more formal “as a relatively permanent change in behavior or potential behavior, comes from experience.”

We note that learning can be understood:

As a product, ie the result of an experience or a change that comes with practice.
As a process in which the behavior changes, improves or controls.
As a function since it is the change that occurs when the subject interacts with the information (materials, activities and academic experiences).

In the 80s there were three major changes on the theme of education and learning.
1. The passage of a psychosocial orientation of education to their integration into a theory of teaching.

2. The paradigm shift from a predominantly behavioral, cognitive orientation to another.
3. Expanding the concept of learning which includes cognitive and effective.

For now define that distance education is a form of education, referring to the process, but this process is done remotely. For what could be defined as the act or process of educating or being educated, when this process is done remotely without using a physical space where members are meeting the educational process.
Consider that the concept of education includes the teaching-learning process, according to modern interpretations of the same, thus acting to achieve a better relationship with existing and common concepts.
The Distance Education Program was conceived as a means of informal education that would integrate with people who, for cultural, social or economic not adapt or no access to conventional education systems.

Definitions of other institutions

Let’s see how some institutions define distance education.
Combination of education and technology to reach their audience through large distances is the hallmark of distance learning. This amounts to a strategic means to provide training, education and new communication channels for businesses, educational institutions, government and other public and private agencies. With predictions of being one of the seven major developments in the area of education in the future, distance education is crucial in our geopolitical situation as a means of disseminating and assimilating information on a global basis .- (Texas A & M University) .
Distance Education is distributing education that does not require students to be physically present in the same place with the instructor. Historically, Distance Education meant studying by correspondence. Today, audio, video and computer technology are most common modes of transmission: (The Distance Learning Resource Network DLRN).
The term distance education represents a variety of education models have in common the physical separation of teachers and some or all students (University of Maryland).
At its basic level, distance education takes place when students and teachers are separated by physical distance and technology (voice, video, data and impressions) often in combination with face to face classes, is used as a bridge to reduce this barrier (Distance Education at a Glance).

Using the above definitions we can identify three criteria for distance education.

These are:
• Separation of teachers and students, at least in most parts of the process,
• The use of technological means to unite education teachers and students,
• Using two-way communication between students and instructors.

Like terms.
Now to distinguish between some similar terms, synonyms, Distance Education.
To define more clearly the issue now discuss terms associated. There are many terms that are used as synonyms for Distance Education. While many of these terms are related, there are differences. Usually when people use one of these terms or otherwise, unless they have a specific purpose related to distance education.

These terms include

Distance Learning (Distance Learning)
The school and instructor control of distance education but the learning is student responsibility. The student is responsible for obtaining the knowledge, understanding or application through the educational process.
Learning is the result of education. The teacher provides the environment that makes learning possible, but the student is performing it.
Distance learning can be considered a product of distance education.

Open Learning (Open Learning)
Open learning is a possibility of access to educational opportunities. Opening up opportunities for groups of the population that traditionally lacked the prerequisites for higher education. Open learning has changed the concept that education must be conducted within a prescribed schedule and school formal means.

Distributed Learning (Distributed Learning)
Distributed learning, also known as learning networks, combining different ways of sending mail. It is characterized by user groups and modes of communication, all computerized. The distributed learning are increasingly combining internal computer networks (Intranets) running on LANs (local area networks) and Internet.

Flexible Learning (Flexible Learning)
Flexible Learning seeks to optimize every opportunity for education. Recognizes that not all students learn the same way. Flexible learning focuses on learning strategies for individual students. Using all the strategies and techniques available to maximize the educational process. Flexible learning aims to be student-centered, emphasizing the responsibility of students, learning to train and rhythm of individual advancement.

At a basic level distance education takes place when educators and students are physically separated and technologies (video, voice, data, and print) are used combined with witnessing activities to reduce the impact of distance learning.

The distance education programs are providing adults a second chance at higher education and are helping those with limited time, distance, work or physical limitations, to update the skills required in their work.

How is Distance Education?
Currently using a variety of electronic means to send or receive support materials for distance education. Each institution determines the most appropriate media, in which it has at its disposal and its students well, and with them makes the combinations that best suit their capabilities. The media can be classified into four broad categories:

Voice: The educational tools related to the voice can be divided into passive and interactive. Among the former are the telephone, audio conferencing, voice mail and shortwave radio. The technological tools are passive voice audio recorders. Interactive technologies allow simultaneous communication in both directions, send and receive, while in the passive the student only receives the message and cannot answer it at that time.

Video: Inside find the video images, such as computer presentations (slide shows, Power Point, etc.) Filmed moving images (movies, videos, digitized film, etc.). And moving images transmitted in time real. These can be in one direction, such as those sent via satellite or commercial television or may be through computers in desktop video conferencing or interactive video conferencing.

Data: Applies to the information sent and received through computers. In this category are four broad categories:

• Computer Aided Education (Computer-assisted instruction (CAI))
• Administered by Computer Education (Computer-managed instruction (CMI))
• Education for Computer Multimedia through. (Computer-Based Multimedia (CBM)
• Education through Computers. (Computer-mediated education (CME))

Materials: This was the basic form of distance education programs, from the current systems evolved. It includes textbooks, study guides, workbooks, curricula, case studies, etc.. Currently one of the forms printed have been displaced by data sent via computer and made available to students via the Internet, where it is common to find programs of classes, lectures, study guides and some materials more. The student can now consult the Internet, forward them to your computer or print if desired.

Is Distance Education Effective?
Many educators ask if distant students learn as well as traditional students. Researchers who have compared the methods of distance education with traditional forms have concluded that distance education can be as effective as traditional forms of education face when using the methods and technologies, ie, when there is interaction between students and when they have timely feedback from the teacher.
One of the key questions associated with educational technology is whether it helps or not student learning. There have been two main approaches used to investigate the media. It compares the new medium (radio, tv computer) with a traditional classroom. In these studies comparing distance education with traditional methods in the classroom. Many studies have shown no significant difference in the achievements made as a result of the comparisons. The result achieved by students is not a function of the mode of teaching. Some studies have found higher returns when students used interactive computer programs, including email, video one way or two-way communication and media.
Other studies have focused on the learning context rather than a specific means of transmission. These studies have shown that students perform better when you combine several means of delivery and teaching techniques. They have studied the effects of using desktop videoconferencing used to evaluate the work of other colleagues or the effect of participating in large workgroups. The interaction between collaborative working groups and new educational technologies generally produce positive outcomes for students.
Finally, some studies have identified several factors that appear to be particularly important in distance education. A high level of student motivation, hard work and ethical, academic and technical support to students include measures which generally produce good results in the students. Support to students has been defined as providing not only academic, but also the identification and solution of problems of students, providing opportunities for interaction between students and teachers, and the ability to keep them motivated through monitoring of achievements and feedback.

Key elements in Distance Education
At first we define education as a process and as such has elements that play roles in the process. We discuss the key elements of distance education process and the changes they have experienced their roles for the effects of technology.

Students: Regardless of the context in which to develop education, the role of students is learning. This is a daunting task that usually in most cases requires motivation, planning and the ability to analyze and apply knowledge they learn. When distance education is to have a special burden that are separated from their companions, and they have near them who share their interests and knowledge. Furthermore, with the new technologies are now able to interact with peers who may live in very different to his, and enrich their learning experiences with others, and the experience of their teachers.
Educators: The effectiveness of any distance education process rests firmly on the shoulders of educators and teachers. In a traditional classroom, the teacher’s responsibilities also include determining the specific content of the course, understand and address the particular needs of students. In distance education teachers must also:

• Develop an understanding and knowledge of the characteristics and needs of distance learners with little or no personal contact.

• Adapt teaching styles taking into consideration the needs and expectations of a wide and diverse audience.

• Knowing how to operate educational technology while keeping their attention on their roles as educators.

• Operate effectively as a facilitator and as a content provider.

Consultants: It’s a new character in distance education that is used in remote sites to support the teacher or principal instructor, providing advice and support to students and being a bridge between students and lead teacher. Carry out functions such as installation of equipment and software meet the jobs and tasks, and use tests are the eyes and ears of the teacher in distant sites.

Support Staff: They are responsible for the numerous technical details and communication required in a distance education process function effectively. Usually responsible for the registration of students, duplication and distribution of materials, shipment of textbooks, control and distribution of correspondence between students and teachers, scheduling courses, checking grades, following the development of courses . On the technical side of educational technology, are responsible for the installation and operation of communication networks, installation or development of software required for the process of distance education, technical assistance with questions from students or correcting faults and communication problems, or performance.

Administrators: Administrators are directly related to the planning and implementation of distance education programs. Once in operation the programs achieve coordination among support personnel, technical, academic to ensure there are material resources, technological and human resources to achieve the objectives of the institution. Maintain the academic focus of distance education programs.

Why teach at a distance?
Teachers in a traditional school classroom support the realization of its kind in that they can observe the behavior of their students. Eye contact is an essential element for imparting knowledge. A quick glance lets them know who is paying attention and taking notes, who is preparing to ask a question or comment. It also allows them to detect a student who is bored and tired, as it is equally clear. Good teachers are attentive to the manifestations of their students’ behavior and modify the alternate class activities according to the circumstances they detect.
In contrast, the distance teacher has little or no eye contact with students. In addition to the few contacts that are distorted or are somehow affected by the barriers imposed by technology. It is more difficult to maintain a stimulating teacher-student discussion when you are not seeing the faces or when to expect the arrival of the sound between the two remote sites.

However, many teachers who use it have the idea that the opportunities offered by distance education outweigh the obstacles to the use of technology. In fact, many instructors agree that the distance that requires preparation courses to help improve their performance as teachers. The challenges of distance education means are offset by opportunities for:

• To reach a wider audience of students.

• Meet the needs of students who cannot attend regular classes at universities due to limited work, time or space.

• Engage in class participation of experts from other areas that are located anywhere and that would not otherwise be accessible to students.

• Gather students of different cultural, economic, social and with varied work experiences and knowledge.

• Make education and training accessible to students in remote areas.

• Allowing can continue their studies without having to stop working and getting paid.

• Ensure that students can get expert advice from highly skilled teachers.

From a strictly educational standpoint, not managerial or administrative, that is, from the perspective of the creation, production, dissemination and critical evaluation of knowledge, technology can be applied in four basic ways which are:

1. How to help education?

2. How direct support learning?

3. “As an analytical tool for thinking systemically education?

4. How research helps to intellectual, scientific or artistic creation?

We do not doubt the enormous positive impact which the use of various telecommunications technologies in educational processes. Benefits are reported in economy of time in more individualized to the specific needs of each user, to facilitate content learning through greater connection audiovisual sensory and sequential themes, subjects studied, to shorten geographical distances, to communicate quickly to multiple people simultaneously, in rapid dissemination of findings, research and knowledge on student interaction with the learning experience and I can go on citing many advantages for the educational process appropriate use of technologies. It is a way of encouraging active student participation in learning.

What to do to be successful learning?
Good educational practice is essentially the same distance to the traditional good educational practice and the factors that influence education are generally universal in different environments. Since the technology using distance education requires more planning and preparation, teachers who teach distance should consider the following factors to improve its effectiveness:

• It requires extensive planning and evaluation of equipment and training courses. The distance students appreciate teachers who are well prepared course and being organized.

• Students perform better when the program and class materials are well presented. The use of images and graphics and interactivity contributes to the understanding by students of the course. However, the use of visual aids should be considered in terms of the environment in which they taught the class and possible characteristics of students.

• Teachers need to be trained in the use of equipment and techniques suitable for distance education. Students learn best when the teacher dominates the hardware and software used for distance education.

Many distance students need advice and support to perform most of the learning experience. The support they can get from the combination of interaction with the teacher or other students through discussion forums and tools that will provide the teacher.

• Students appreciate timely feedback on course content, examinations or assessments and projects or works to be performed.

• Students will gain great benefits from learning to participate in small learning groups. These groups provide support and encouragement as well as feedback on course work and tasks. The groups also provide them with the assurance that if they need help, where will get it.

• Students generally stay more motivated if they are in contact with the teacher or counselor. The formal contact within the course design can be used as a motivational tool.

• The use of local facilitators who are responsible for developing a friendly environment for working with students and those familiar with the team and the course content, increase student satisfaction with the course.

For teachers, participating in distance education programs requires the improvement of skills they already have, rather than the development of new skills, so they must put attention to the following aspects.

• Evaluate the content really can be included and addressed effectively in any course. Given the logistics that distance education requires, submit the same content at a distance usually requires more time to present it in a classroom.

• Note that students who participate in your course will probably have different learning styles. Some team will facilitate learning, while others will be excellent independent work.

• Diversify and schedule the course activities and avoid long readings. Interleave content presentations with discussions and exercises for students. Keep in mind the medium or combination of them, which will run the course and discover all the advantages we offer.

• humanize the course keeping the focus on student learning and not the medium of transmission or technology.

• Consider using some components of printed material to supplement non-print materials.

• Use examples and case studies of local students as possible and support their students to understand and apply its knowledge environment of the course. Remember that the circumstances and environments in which students will be located are varied.

• Impulse their students to share experiences with peers and with the group. You can learn much more by sharing the experiences of all, in orderly fashion. Ask them to explain how things in their environment and how they apply the knowledge they are acquiring.

• Be concise. Use short statements and comprehensive. Ask things directly. Always remember that the distances make communication slower and that students need more time to respond.

• Develop strategies to strengthen students for review, repetition and remediation. For this, the phone counseling, email or audio conference can be very useful.

• Stay relaxed. Students need to familiarize participants with the new form of distance education in which they are participating. After the initial period the rate of progress in improving learning.
If the teacher uses appropriate strategies for interaction and feedback can identify and meet the individual needs of their students, while establishing adequate mechanisms to enable it to constantly improve the course. To improve interaction and feedback, keep the following:

• Use questions that students can study before classes to promote critical thinking and well-informed participation of students. Use the time on his side and avoid the improvisations of the students. Let them investigate and substantiate their shares.

• Since the beginning of the courses ask students to make contact with you and each other through e-mail to feel accustomed to the process. Maintain electronic communication forums can be a very effective tool.

• Establish and respect for their office hours at that distance learners can locate him by telephone, audio conferencing or desktop videoconferencing. Use the evening or night if the majority of students work during the day.

• Keep a variety of forms of interaction and feedback. The easier it is for different types of students select one in which they feel most comfortable. Consider also the personal visits whenever possible.

• Communicate with all sites or all students, if possible every week, especially early in the course. Determine students not participating in the first session and establish communication with them.

• Keep forms of communication available to discuss matters related to the content, relevance, the course syllabus, shipping materials, work in teams and form of instruction.

• Have students keep a journal about their experiences and thoughts on the process and ideas about course content. Ask them to send their units frequently.

• Use local facilitators to stimulate interaction when their students are hesitant to ask questions or participate.

• Ensure that all students have equal opportunities to participate. Diplomatically but firmly discourage students’ attempts to monopolize or sites wishing to participate in class time.

• Make detailed comments on the work or opinions received, refer them to additional sources of information where they can enrich their learning. Answer promptly by the most effective and expeditious disposal.

BENEFITS OF DISTANCE EDUCATION
• No boundaries of time or place.

• Ability to offer courses according to needs at the right time.

• Adaptation of content.

• Greater possibility of renovation continues.

• Provision of courses taught by professionals from the Association.

• Sharing Resources: Distance education enables the institutional resources of a school or institution will be used to teach students from other schools or institutions

• Greater access to students: Through distance education, students have access to instruction in more than one location, instead of only the local instruction. This makes learning more accessible for many students.

• Improving the quality of education: Distance education should be considered as a future goal of the organizations and institutions, as well as how to take advantage of any special characteristics of a remote location.

• Flexibility in time and space
Provides participants the flexibility to access the study material and study schedule that allows asynchronous, anywhere where they are

• Rate of custom study
Allow time management and use of the hours that best suit the participant according their own needs

• Specialized Faculty
It puts teachers experts in the field of knowledge available to participants

OTHER BENEFITS

• Autonomy in the study.

• Convenience.

• Flexibility.

• Time saving.

• Tutoring.

• Lower Costs.

Why are successful students?

Research suggests that students involved in distance education programs have certain characteristics that influence their performance in the courses:

• Student volunteers are seeking more education.

• Have college education goals

• They are highly motivated and self disciplined.

• Are older than those attending universities.
Studies have also shown that the following factors are important in both traditional and distance education.

• Willingness to seek help from the instructors.

• Serious attitude throughout the course.

Conclusion:
A high level of student motivation, hard work and ethical, academic and technical support to students include measures which generally produce good results in the students. Support to students has been defined as providing not only academic, but also the identification and solution of problems of students, providing opportunities for interaction between students and teachers, and the ability to keep them motivated through monitoring of achievements and feedback.

Get the Help for the Dissertation Proposal and Dissertation Paper

admin — Mon, 07 Mar 2011 10:03:04 +0000

Writing graduate papers like thesis and dissertation is not as easy as writing the usual paper assignments. Your graduate score is also determined with the score you will get from these kinds of papers. You really need to write the paper as perfect as possible, so you can get the best score.

There is a process before you start writing a dissertation paper. You need to make the proposal and submit it to your lecturer first. It is not easy to get the proposal accepted. That is why you need to take the dissertation proposal help. With this special help, you will be able to get the approval easily. If you are succeed in this beginning process, and then you will be able to pour your brilliant ideas to the dissertation paper. There are many sites providing the free dissertation samples. If you do not want any plagiarism for your MBA dissertation, it is better for you to take the dissertation writing service.

Writing the dissertation all alone can be rather difficult. If you need the help you can use the write my dissertation services from EssayLib.com. Get the information from that site directly or you can take time to read the information at Writing4students.blogspot.com. Let the professional writer handle your dissertation paper.

Revolutionary Policy Suggestions For Education Problems In Pakistan

admin — Fri, 25 Feb 2011 22:17:02 +0000

Education has great effects over psyches. Whatever sort of education will be the mind will be as such. If we look over the history whenever any nation want to defeat others nation it first occupy the education systems and curriculums of the occupying nations. Education develops the roots of any nation. Through education any nation prepares their generation according to their religious norms and values. We can easily state that rising social unrest in any nation is mainly due to improper education of generations. Within two decades we could prepare one generation for the country. Two decades are a small span to prepare weapon (generation) but impact of this prepared weapon is long and forever. I called generation as a weapon; generation is no doubt is a weapon for development of any country. If we prepare our generation according to our religious norms and values and make them faithful and patriotic then they are useful and best secured weapon. Otherwise we are preparing enemies of our country. If the generations do not put on a right track then they will diverge in the ways which they found in easy access. Any country has one religion therefore there should be only one form of education. A country having different ways and levels of educations mentions that the country have no defined religion and culture.

Pakistan is going through lot of problems like terrorism, poverty, insecurity, sectarianism, ethnic, provisional and regional bigotries and many others. All these problems are due to lack of awareness and tolerance which are developed due to illiteracy. If we observe around us countries with most secured lives and economies prefer education for the people first. However in Pakistan phenomena of education kept far behind at every level of policy making for development. Our historical political parties mostly blame stressed international affairs started just after independence for their poor policies; they claim the foreign tensions do not give them space to think thoroughly about these social matters. Now activities of various governments developed a long history for failure of implementing true policies for education to all masses on equality and quality basis.

In this article first I will narrate the whole history with the help of various books, articles, reports and research papers. Then current situation will be discussed shortly, in the end I will suggest few approaches and policies according to my knowledge and experience. This article will be helpful for future policy makers who kept a sincere heart for the prosperity of people of Pakistan along with cultural preservation.

Contents

Historical background
Current situation Research papers outcomes
New educational policy 2009 ( Qualities and flaws)

Revolutionary policy suggestions Approaches
Curriculum suggestions

Ending words

Historical background

Even before the independence, Pakistan adopted the same education system that poured by Britain rule to occupy the sub-continent culturally. After the independence Pakistan failed to recognize the impacts of British schooling system and could not modify the maktab system of mughlia era according to modernism to fulfill Islamic as well as global competitiveness needs. Britain educational system was introduced with the aim to alienate the Muslims who hate British hegemony. British educational system completely abolishes Islamic way of teaching. They replaced Persian and Arabic, the pride of Muslims, with English. The curriculum designed to serve colonial empire instead of intellectual growth of students. Maktab were replaced by institutions setup by colonial administrations. The goal of all these educational changes was to dismantle the culture of Muslims, which make them able to rule for over centuries in history.

People of Pakistan are well aware of these facts despite this they failed to adopt and make effective policies which could resume their culture besides develop their lifestyles. Nowadays experts calculate myriads reasons of terrorism, poverty, unemployment, failure of economy and democracy, and insecurity but few of them able to understand the impact of educated system with Britain soul. While studying about history of education system in Pakistan I go through a book by M Imtiaz Shahid “Advanced Contemporary Affairs, book 62″. In this book Manzoor Ahmed narrates very controversial views our history of educational flaws in Pakistan. In his article “The problematique of education in Pakistan” he says;

” unfortunately, unlike communism which is based on a well worked out philosophy of history and social theory, amenable to intellectual refutation or amendment ‘ Islamic ideology’ is pseudo concept, having no intellectual sound basis and , since it is divine is not amenable to argumentation. This paradigm suits well to the feudalists and religionists, both having in-built antagonism for education. The situation worsens because Muslims as a whole have been suffering from the delusion that they are the possessors of knowledge and that their knowledge is self sufficient. They suffer from the phobia that an exposure to new ideas would threaten their identity and would weaken their belief system. If we look back at our history which ha been very proudly presented as one of the best, we would be perplexed to note that Muslim intellectuals ( ulema) have constantly refused to study the ideas which emerged in the wake of modernism, but were eager to claim that whatever the modernist were saying has already been said before by the Muslims……… during the days of Indian independence movement the critical mass of intellect as well as the intellectual capacity of Muslims leaders was very mediocre, though we had very sincere and educated leaders like Mohd Ali Jauhar, Hasrat Mohani, Allama Mashriqi, Maulana Maududi etc. none of them were able to visua;izae the world they would be living within in the next 50 to 100 years or so” page 417

Manzur Ahmed is himself Pakistani and Muslim but I don’t know why he narrates the Islamic ideology with such disdainful way, and I can’t understand why editor of this book approved his article for his book. No doubt there were various drawbacks of our intellectual leaders but those flaws should not connect with Islamic ideology. These shows that how we loss our Islamic cultural heritage and its implications that our people become, slave mentally. Although vast majority of people have great hearts for their Islamic ideology but they failed to utilize it due to incognizant of diversified knowledge recited by Quran. Like Manzoor various secular scholars feel Islamic ideology as a hurdle towards implications of modernism. Implications of modernism failed in Pakistan due to wrong perceptions spread by upper and secular classes. Especially in Musharraf era modernism aspersed in patriotic and fundamentalists groups. Mr. Musharraf introduces modernism by the nomenclature “modern Islam” these shacked fundamentalists and arouse fidgetiness among the people. He separated the Islam in two categories modern Islam and old Islam. However Islam is only Islam neither modern nor old. However modernism is something else. By definition, ‘process of adopting systems, methods, ideas more modern and more suitable for use at the present’. These systems are mostly related to technology advancements, diversified subjects literature and more in-depth study of cultures, origins and all other school of thoughts with the help of research and theorizing. Islamic studies do not bound people to seek knowledge; instead it encourages evaluating nature. There are no prohibitions by Islam to develop and investigate new methods and systems for the prosperity and development of people. Islam does not restrict to seek advancing education and implementing advance economic and marketing systems. Actually on the eve of concept of ‘modern Islam’ various evil psyches find a place to fit their evil thoughts and, hence make the Muslim Pakistanis subordinated towards implementations of modernism.

In Pakistan now we have number of such psyches who do not accept Islamic ideologies to be capable of capturing modernism. This happened due to adaptation of educational system with British soul. This turned the psyches of Muslims away from their religious knowledge and pride. After six decades of independence till now our governments are passive towards developing effective educational system that could resume our cultural values and develop self esteem in Muslims to adopt modernism to meet their needs and compete in world economies. From the next paragraph, I am going to illustrate workings of various governments for the provision of education.

In 1947, after independence, the new country had 83 colleges, 3 Engineering colleges, 108 teacher training schools and 71 technical, industrial and agricultural institutions. M. Ikram Rabbani demystifies history of education after independence in his book “New Millennium Pakistan Affairs, 12th edition 2008″. According to him, from 1947 to 1955 education was responsibility of local bodies. During that era education policy was victim of political instability and chaos. The first educational conference in Pakistan was held in November, 1947 in which Quaide-eAzam outlined an educational philosophy which incorporated both the fundamentals of Islamic traditions and modern science and technology. Among others things he suggested curriculum revision, diversification of courses, compulsory religious instructions and development of administrative machinery. Despite this, from 1947 to 1958 no significant reforms were introduced. However, during Ayub era, efforts were made to transform the educational system in a planned and systematic manner. His reforms include National Commission on Education (1959), Commission on student’s problems and welfare (1964), National commission on manpower and education (1969), New educational policy (1979). In his era, educational planning was handed over to the educational establishment which was charged with plan implementation and the evaluation of progress. Annual development program introduced in his time brought long range developmental needs.

Bhotto’s regime gave its Educational Policy on March 15-1972. He nationalized the privately managed institutions which, was considered a landmark of Bhutto’s regime. Education was made free and compulsory at primary up to class X. The university grants commission was established to coordinate all universities. During Zia’s era Maktab schools were revived and national education policy was announced under which private sector encouraged to contribute towards provision of education. Islamization of education was remarkable achievements of his era. Later, Junejo launched a strategy which was aimed to promote mass education. He gave top priority to education in his 5 point program and assigned Rs. 27400 million for that purpose. He focused mass literacy and enrolment of school dropouts through Nai Roshni Scheme.

In 1992 New educational policy ( NEP 1992) designed , its main areas of interest were primary education, literacy, quality of public institutions, setting up national testing service, decentralization of authority in the administrative set up of education system and resource generation. Benezir Bhotto introduced, “social action program” in which great emphasis laid on education and literacy rate within given span of time. Silent features of National education policy 1998 were to evolve integrated system of education by streamline all educational sectors which include private as well as public institutes and Deeni Madaras. Eradicating illiteracy through formal and informal education by involving communities. Revising curriculum, imparting in-service teachers training and revising teachers training curriculum, enhancing technical education opportunities to reduce poverty, developing higher education, information technology sector and library and documentation besides encouraging private sector. In sum all the policies developed were most of similar natures. There may be any difference in documentation format but all have same goals with changing words. Moreover all the policies use future tense and future continues tense while documenting which shows haphazardness approach adopted by all government. Every new government criticizes previous educational policy and developed new one despite ensuring implementation they focus only to documenting confabs.

In Musharraf regime no new educational policy designed, he follows the already existed policy. He converted the University Commission Grant by Higher Education Commission. In his regime all sectors adopted objective type examination pattern. National Testing service was also activated at various levels. His government approved 4% of GDP to education in 2007. He introduced 18 new public universities. Although he focused education more then any government before, and carried out his policies immediately but he could not tackle with Deeni Madaras dilemmas successfully and his failure leads to currents situation of terrorism and hate.

Despite long historical works have done on Educational development, heretofore we are facing huge illiteracy, low quality sub standard and unequal education. Poor and improper educational philosophy and phenomena adopted in Pakistan is creating different stratums with different means and objectives. This alternatively raises argumentation among various stratums and, hence whole situation becomes regretful.

Current situation

Education system of Pakistan is facing strong criticism both from national and international researchers. Numbers of documents are available on search engines which highlight different perspectives of false education in Pakistan. International folks give a special importance to the educational system of Pakistan as they understand the role of education in building nations. Various researchers discuss Pakistan’s educational system extreme heatedly. While reading these documents I do not scold those international researchers, whereas I was guilty at the attitude of my own leaders towards a very sensitive issue. Despite failure of all previous national education policies current designed national education policy seemed to be failed also.

Research papers outcomes

Center for research and security studies (CRSS) published a research paper with heading “curriculum of hate”. In this research paper they condemn the curriculum of public schools scornfully. Although I do not agree with this paper because this show hate of non-Muslims with Muslims and this is another issue. Although there are various faults in the education system of Pakistan but it is false to state that curriculum of Pakistani schools increasing hate and bigotries. There are various other factors of rising hate in fundamentalists, secularists and nationalists. No doubt education plays a vital role in eliminating these factors but we could not blame only education system. Because we have various affirmative personalities raised from the same curriculums.

Sustainable Development Policy Institute (SDPI) of Pakistan also put forward a research paper “The Subtle Subversion, The state of curriculum and textbooks in Pakistan” in 2002 which highlights various drawbacks in curriculum of Pakistan. The research paper also condemns education system of Pakistan and put forward various measures to follow for the government. However, unfortunately despite discussing technology and knowledge backwardness of the Pakistani curriculum, SDPI condemn Islamic norms and values and patriotic themes of Pakistani curriculum. SDPI research paper condemns the curriculum of Pakistan because it violates the rights of minorities. The research papers narrates that Islamic studies made compulsory for non-Muslims also which is against Islam. The whole researched paper seemed to be in favor of religious minorities but SDPI do not highlight the statistics of minorities in Pakistan. There are 96.16% of population are Muslims, 1.69 are Christians, 1.40% are Hindu, 0.35% are Qadiani, 0.33% schedules casts and 0.06 are others. So, why education system should design for other 3.84% of non-Muslims? The report criticizes Pakistan’s curriculum as a minority right violation, whereas according to current educational policy 2009, English language suggested to be compulsory as a medium of instructions at secondary and higher levels violate Pakistan’s people’s rights. While deciding English as a medium of instruction they should think that what percentage of our people can speak and understand English. By introducing English as a medium of instruction number of students will fail to understand lecturing and ask questions.

While condemning Pakistan’s education system SDPI must consider the facts that Muslim celebrates Christmas days and other events in western countries in schools, holi in India with Hindus, then there should be no objections on Islamic soul in whole Pakistani curriculum. I am, agree with the fact that our text books are not typically according to new world needs but its not mean that we have to blame Islam so. Whereas, it is significant to teach students about Islam more thoroughly for their moral development. Our scholars failed to spread true picture of Islam in the text books and there is a need to develop the pattern of Islamic studies. Students should be taught in a way that they become able to analyses Quran themselves and implement its teachings in their lives accordingly. Due to low quality teachings of Quran most of our people depends on priests and they mostly give suggestions on the basis of their sec and therefore various argumentative misconceptions develop over Islamic teachings among people. Our priests explain Quran is a way that it creates bigotries and hate. Quran have such moderate teachings that non-Muslims increasingly entering the circle of Islam by studying it thoroughly. The overall impacts of SDPI report shows that they are against Islam and they want to separate Muslims from Islamic studies.

Harvard University, Pomona College and World Bank jointly passed a research paper “Madrassa Metric: The Statistics and Rhetoric of Religious enrolment in Pakistan”. This research paper negates the all previous statistics about madrassa enrolments in Pakistan. According to them only 1% of Pakistani children attend madrassa, which is much lower then previously reported statistics. The report denies various facts attributed to reason of admitting children by Pakistani people in madrassa. The report explains that not only poverty is not the reason of admitting children in madrassa but various ethical groups prefer madrassa for their Islamic nature of teachings. Beside this most of children attend madrassa because of absence of government schools there, and the only option of madrassa there. Moreover, the research also discussed that madrassa are not making inroads into mainstream society in Pakistan. They support their statement by discussing qualities of various private schools in village areas. Overall the research was of the view that madrassa teachings are not only and major reason of terrorism in Pakistan.

Haroon Jaml and Amir Jahan measures inequality in education of Pakistan through their research “The knowledge divide: Education inequality in Pakistan” in 2003. They successfully measure, the persistence of education inequality in Pakistan through District Education Index (DEI). Their results show low levels of educational status with high inequality. The most vulnerable groups are rural areas, Balochistan province and rural females.

New educational policy 2009 (Qualities and flaws)

New educational policy 2009 highlights all the drawbacks and dilemmas of education in Pakistan successfully but it do not define track of implementation. The decision of NEP2009 to introduce national education system need tremendous workout, but despite completion of one year no such measures put forward to aware the public about new system which would be certain for all. Education policy 2009 use excellent words to narrate a positive picture of policy but how will this happened and when will this started and what would be the initial steps these all are not defined well and nothing have done even after one year. A very long document of national education policy is seemed like a text paper showing importance of education and dilemmas of education and its effects on the nations. The document beautifully describes all these topics and use very limited words to new decisions and their implementation processes.

New educational policy 2009 criticized a lot by intellectual circles. Shahid Siddiqui criticize this policy in hi article “New Education Policy” in the book 63 of Advance Contemporary Affairs by M Imtiaz Shahid. His first criticism is that this policy announced before the expiry date of previous policy. Government defends this criticism by quoting that previous education policy could not give required results. Further the writer condemns this statement of government by stating that this education policy also does not meet desired results and there is a problem at implementation level. According to him introducing English as a compulsory subject is not new, this had been decided by Musharraf regime. Moreover he explains disconnection between policy declarations and budget allocations. His most important criticism is on announcement of allocating 7% of GDP to education by 2015. The writer could not trust this statement because of facts that, in 2006-07 the allocation was 2.5% of GDP and in 2007-08 this was reduced to 2.47%. In the year 2008-09 the amount further came down to 2.1% Of GDP. Similarly Mr. Shaukat Aziz, announced 4% GDP for education but fails to catch this figure. NEP 2009 announced to raise level of public-sector schools will be lifted to match the levels of good private schools and deadline for this is 2010. Three months of 2010 have been passed but no any measure has been observed. New session had been started and student bought the same books that I studied in my school time.They may have any magic to meet target suddenly. Mr. Shahid asked repeatedly that how this all will be done? NEP announced to adopt universal curriculum but do not mention any strategy. Another intellectual Ejaz Naveed from Imperil College London criticizes education policy in the same sound.

NEP 2009 decided to exclude PTC and CT for hiring quality teachers and announced that to become a teacher one should be BED with Bachelor degree. If we observe in our schools and colleges most of teachers are masters with BED and MED but despite this they could not teach well. And in various places a teacher with simple Bachelor degree without any BED in private schools teach very well. Hence government should compare hiring process and training processes of private and elite schools with their process of hiring teachers.

According to this policy curriculum from class one and onwards include English (as a subject), Urdu, one regional language, mathematics and integrated subjects. Provincial and area education department have choice to select medium of instruction up to class fifth. This means after fifth class medium should be English. Moreover, math and science should be in English and provinces have option to teach these subjects in Urdu or English up to level five after this they should adopt English language. By reading these points I come to a result that our policy makers think that only English can make them developed nation. They do not cater the student’s problems they just make a policy with Musharraf’s tail. If on regional and provincial level students study in Urdu from 1 to 5 then how they could understand all the concepts of science and math by entering class 6, where they immediately have to face all concepts in different language. By doing so we are willfully deteriorating the quality of education and students mentality. Teachers will also burdened because they have to pay extra time to tell them meanings of all science and math terminologies first and make the students to memories them and then they could able to teach new language. This would also confuse the students too much. In the primary age students are not responsible enough to study themselves at home, parents have to read their diary and stress them to do homework if we introduce whole system in English then those parents who cannot understand English will be vulnerable to stress their students to do homework. After fifth class only those students become responsible for homework and exam preparations that are good in studies but careless students need strong check and balance at home. If of English language system most of the primary or secondary pass parents will fail to understand the text and nature of student’s assignments and could not help their children hence students will become weaker in studies.

While introducing new education policy 2009 it seemed that they aimed to preserve English language. Our policy makers think that only English can bring change. China, Japan, Korea, France, Germany all these countries do not use English at academic levels. They use software translators and interpreters to communicate with world and to understand them. Native languages enable the person to understand matters more thoroughly. Despite various English medium schools most of our people could not understand and speak English well and they depend on views and discussions of others on researches, reports, speeches and other events. Other people always discuss events according to their knowledge and views all people could not understand the real shape of matters through their discussions. Therefore there is a need to enhance and spread knowledge in native language.

Nevertheless, after carried out education system in last six decades, creates big number of populations who could not understand and utilize science and math concepts in Urdu language. Therefore we have to develop such a policy which preserve our cultural language Urdu, help us to understand Quran by studying Arabic and help us to understand world by studying English. Pakistan enters such circumstances that it needs to learn all these languages to defend themselves worldwide and compete with world without compromising their own Pakistani and Islamic culture. From the new section of this article I put forward some suggestions to develop such an educational system.

Revolutionary policy suggestions

Approaches

In this section of article I am suggesting some approaches to follow. I designed these approaches on the foundations of my own experience, knowledge and observations. These approaches are not theoretical proof of any intellectual; they are just my ideas as common person of this society. These approaches could help to design sound approaches to follow later by any good government. Because for implementation of such approaches and suggestions there is a dire need of good governance by our politicians. These approaches with details are following:

1. Crescendo Approach

Most of our policies seemed sudden jump to targets. For example, the decision of present government to equalize public sector schools and private schools within one year. This is not an easy task. We have to design steps to achieve this target. And those steps should be decided before announcement of such activity. Government policy does not seem to have gradual steps to achieve this target. At this stage we could not stress schools and colleges to have English as medium of instructions. First curriculum should be designed such that student could become able to speak and understand English well, otherwise its flapdoodle to announce English as a medium of instruction. Moreover schools in villages and in less developed cities should be upgraded by hiring excellent professional and by introducing advance facilities. Beside this all the subjects should begin in any one language from early classes. Government decision to give option provinces to teach math and science up to fifth class either in Urdu or English will create problem in developing concepts in higher classes. They should be in English from beginning.

2. Brain Gain

Higher education commission should send position holder students of intermediate under their strict observations and conditions, to foreign developed countries for studies with full facilities and contracts to return after completion of studies. China adopts the same strategy to meet the global competitiveness.

3. Utilizing elite schools scholars in teaching

Most of circles suggest abandoning elite schooling, (City, Becon, Roots etc). Despite abandoning, government should benefit from such schools. Scholars of these schools should be hired in remote areas with good grades to improve the systems of those schools along with preparing reports over various issues related to the area and the school problems. Such students should be bounded for one year in remote areas, after that they should be prized at national level for encouragement. Then they should left independent to continue the same task or to do any other job. We could term it as brain gain within country.

4. Improving, hiring process of teachers

Teaching is not an as much easy profession as much it is considered in our country. Concepts developed by teachers from very early life used by one in whole life. A kid learns to take out percentage in level-5, if he got good teacher then he could learn to calculate percentage in his brain without calculator just in few seconds but if he could not got a good teacher then in the whole life career after level-5, he could not calculate percentage without calculator. Hence while hiring teachers there should be very critical process just like for selecting bankers. In our country most of teachers hired due to their relationships with local MNAs. And in most places teachers hired but they do not attend schools in remote places. In various villages teachers put any girl or boy on their place and enjoy their pay while sitting in home and give some percentage to their substitute teachers. Hiring process should include written test, interview and demonstration. Private schools mostly prefer only demonstration, because they hire teacher to teach not only to give them money for their degrees. Teaching is an art and everyone could not teach, it should be checked through demonstrations.

5. Teacher training

Government should compare its training mode with training of elite schools teachers. Or government should train trainers from elite school’s trainers to improve whole training menu. A very simple girls and boys having qualifications from public sector schools becomes excellent teachers after training thorough elite school trainers, therefore government should use this existing resource to improve teachers standard.

6. Parents training institute and adult literacy schools

In developed countries besides teacher’s training there is strong concentration on parents training. Children passed only 8 to 6 hours with teachers and remaining 16 hours with parents. Children learn from all sorts of activities and experiences in their life therefore there is a dire need to improve their all teachers (parents are real teachers). Parents should be trained that how should they behave with their children in different matters, how could they create tolerance and democratic attitude in their children. Connecticut Commission on Children develops PLTI (parents leadership training institute) in 1992 in USA to enable parents to become leading advocates of children. Government should go through the documents of PLTI and other such organizations and develop parents training institute. Due to illiteracy and rigid customs Pakistani parents are unable to guide their children and to develop tolerant minds. Most of the parents could not understand the tracks of their children and strictly push them towards own wills and which ultimately destroy, number of generations in our country. In childhood parents mostly use abusive language with children and mostly scold them without any fault. Parents do not care that how much their attitude effects children moral life. Moreover most of parents discuss family disputes with children, even mostly mothers share misbehave of in-laws with young children which deteriorates their whole life and they start disliking and disobeying parents. There are several such matters which are creating argumentative generations. Hence government should put special concentration on this matter.

Besides this as there is number of illiterate people in adult ages and hence we have illiterate parents. Therefore adult literacy schools should be established which include 5 years education. In these five years parents should made able to read and write at least Urdu. The timing of these schools should also be adjusted two times in a day, so that mothers and fathers could attend them one after another.

7. Institutionalize parent’s teacher’s coordination

While teaching in elite schools for several years and then in orphan school for one year I observe in both environments that there is strong lack of teachers and parents coordination. Teachers mostly blame parents and parents always blame teachers. However, they should sit together to understand the real problems of students. Most of the parents thought that teacher do not like their child, and they willfully neglect, him and do not give him position. Such attitude of parents should be improved through training. In public sector schools, parent’s teacher’s coordination is about absent. Private schools have their proper calendar for parent’s teachers meeting but public sectors do not give any importance to this matter. Public schools should strictly bind to manage PTMs and submit reports on them.

8. Make teachers job attractive

Teaching job is not attractive in Pakistan. Most of girls and boys do teaching just for time pass in their study gaps. If we ask from any young, what will you want to become in elder age? Very few will answer “Teacher”. Most of teenagers will answer as doctor, engineer, lawyer or banker. This show the teacher’s job has no respect and status in or country, that’s why we have lot of low standard and unqualified teachers. The hiring process, facilities and pay packages of teachers also shows that teacher job is a poor job and professional people do not prefer it. Government should make this job attractive by announcing number of income packages especially for those who hired in remote areas. Remote area teachers should be facilitated by resident and transport facility along with additional pay.

9. Forming complaint desks

Teachers and students faced lot of problems within their schools and colleges. There should be e-complaint desk, where students and teachers could mail their problems. Also there should be facility for students and teachers who could not use Internet or do not have facility of Internet to post mails to head office of complaint desk. Complaint office should have only one office in Islamabad for secrecy and for immediate action without any hurdles. Address of complaint desk should be mentioned on text books of schools so that everyone understands it and parents could also contribute. Annual reports should also be submitted to complaint desks and members of complaint desks should also visit schools as required for strong check and balance. This institute should be made highly well organized and highly qualified and educated people should be hired there.

10. Formation of book banks

Book banks mostly exist within schools; they should be developing officially like other banks. Elite people and foreign donors along with government and NGOs should donate books, copies, stationary, uniform and bags in the bank for poor people in the country. Moreover there should be special branch for student’s fee, where fee for poor children could be submitted by rich people. The bank should be advertised in media and Internet and people should encourage in supporting poor people for education.

11. Make annual reports compulsory (M&E)

For better monitoring and evaluation all schools should bound to submit annual reports to complaint desks. Then compliant desk should compare reports with complaints and manipulate progress of each. Members from complaint desks should also visit suddenly to schools for strict check and balance. Annual reports should contain all sorts of statistics on students along with number of parents meeting in the school and views/complaints and problems of parents. These reports should be utilized to check improvement in whole system and to establish new policies to new issues.

12. Adopt integrated curriculum

In the NEP-2009 government announce for one universal curriculum in country which is also termed national curriculum. However government faced lot of problems in formation of such curriculum. I go through document “curriculum reforms in Pakistan, a glass full or half empty” by Baela Raza Jamil, while reading it, I observe that they want to follow SDPI document on textbooks of Pakistan that I have discussed earlier in research outcomes. Like many other policies present government follow Musharraf policy in another face towards education dilemma.

Adaptation of national curriculum is good decision but there is a need to be fair in this regard. Our government is not fair and wants to injure Islamization and ideology of Pakistan through new curriculum. Punjab text book board and NWFP board both opposing this policy and understand the reality. People of Pakistan should wake up in this regard and, save the generation of Pakistan. Despite highlighting technological and literal knowledge backwardness, government is concentrating on abolishing Islamic norms and values and hinders patriotism of Pakistani people.

Integrating curriculum should be developing by considering curriculum of elite schools and public sector schools as well as Madrassa’s curriculum (to integrate Islamic education in curriculum and reduce madrassa system). Besides this repetition of various concepts should be minimized for example, students have to study about seasons both in social studies and science. They have to study about Seerat-e-Nabi both in Urdu and Islamiyat. There are various such topics which repeated in same level in different subjects. This increases text burden on students without increasing knowledge. Therefore subjects should be integrated in one broad category, to minimize number of subjects by increasing quantity of knowledge delivery. Various subjects integration suggestions are given in following sub-section of this article.

Curriculum suggestions

Presently students have to study English A and English B, Urdu A and Urdu B, Islamiayat, Social studies, science and maths from 1 to 5 in public sector schools and in additions to all these Arabic and Computer from 6 to 8. Later students have to study physics, biology and chemistry on place of Science and Arabic excluded in 9 and 10.in intermediate classes i.e. 11 and 12, science students of metric have options to selects engineering, medical or computer sciences and those students who studied economics in metric mostly move to social sciences in intermediate, although various students with less marks in science group of metric also selects social sciences in intermediate or move towards totally Art group. In various schools there is also option for Art group in metric. If we compare subject diversification with elite school we could easily understand very few options for education careers in public sector schools. Therefore such a curriculum should be designed which could give place for more subjects. In this regard I put forward few suggestions.

Curriculum suggestions from 1 to 8

1 Islamic Studies

In this subject Islamiate, Arabic and Nazra should be integrated. It is rubbish to teach Arabic from 6 to 8 and after it in BA/BSc. This is only increase of quantity of subjects, it does not lead to make students able to understand and speak Arabic. In early ages students have to study Noorani Qaida from Qari sahib in homes or in Mosques/Madrassa, despite this Noorani Qaida along with reading and understanding Quran should be made compulsory subject from 1 to 8 so that on one hand students learn to speak and understand Arabic and on other hand they complete Quran in schools along with understanding it. Islamic stories and morals should be taught stepwise as explained in Quran Majid. In this way each Muslim will be become able to understand Quran himself and could apply it in their lives. Islam should be taught only in this subject no other subject should have topics from this subject, so that minority could have option to study that subject. In schools from level 1 to 5 non-Muslim students should be engaged in other activities during the period of Islamic studies. And from 6 to 8 non-Muslim students should give an option to attend the periods or to not attend it.

2 Urdu

In most of schools Urdu literature (Urdu A) and Urdu language (Urdu B), taught separately. This increase text burdens on students, despite this in the end of every comprehensive topic there should be grammar exercises related to the topic. Comprehension should be related to Urdu Adab only; it should not from Quran Majid. Islam should teach only in one subject thoroughly. Although some of writers work on Islam in their literature, it should be taught accordingly without any exaggeration.

3 English

Similar to Urdu, English literature and language should also integrate in one book. And only English writers should be discussed in this subject. Most of English books contain stories about Pakistan and Islam, it should be deleted as English is a language and it should teach to learn only language. In this way SDPI objections could also tackled while preserving our religion through subject Islamic Studies.

4 General knowledge

From 1 to 5 social studies, science and economics should be integrated in one subject General Knowledge. In our public schools text books there is no information on economics and therefore students unable to understand current affairs despite highly intelligence. In science and social study students study different topic repeatedly in both subjects such as seasons, planets, lunar and solar eclipse, latitude altitude, formation of rocks and layers of soil, parts of body and many others. Therefore these two subjects should be integrated in one to avoid repetition and minimize text burden. From 6 to 8, science should be separated and economics and social studies should be integrated in one subject “social sciences”

5) Mathematics

Mathematics should be made advance and treated as separate subject throughout.

6) Computer

Computer should be started practically from 6 to 8. In most of schools there are books on computer which give very little information on computer. That information could be delivering in one chapter in the beginning of class 6, therefore there should be no computer before 6 classes, and it just destroys students. From 6 to 8, students should make able to use MS office, installing windows, dealing with software, Internet, search engines and e-education. This is not difficult as most of people learn it all within 3 months course. Therefore it is better to teach all this thoroughly from 6 to 8.

In this way from 1 to 5, total number of subjects will be 5 instead of 8 or 9. Similarly from 6 to 8, total number of subjects will be 7, instead of 9 or 10. It is important to reduce number of books and copies to lesson weight of heavy bags and burden of too much text and copy work. Some of suggestions in this regard are following.

A. Reduce copy work and home work by introducing work books

In most of schools teachers use whole time in displaying answers for question on white board and students copy them on their note copies with full silence. Some of students have very slow writing and they could not complete all in one period, teachers mostly waste their time in checking about 200 to 300 copies daily with lot of mistakes and despite this mostly scold by admin and parents over little mistake. Therefore workbooks should be introduced in which answers of various questions given, and students only have to learn them, and teachers could have time to clear them questions and answers both. In most of the cases students do not know what the question is and what the answer, in exams they mostly give, answer of another question to the question asked. This happened because students could not understand English language, and teachers have, pressure to complete syllabus and therefore they could not clear meaning and concept of each question along with answers. Therefore workbooks should be installed which include, question answers, objective type activities i.e. fill in the blanks, MCQs, true false, matching columns etc ( available on Internet as worksheets which are easy to download and print, to develop workbooks one should get benefit of those websites). Workbooks with answers of question should be for 1 to 5, before this (from6 to space for answers should be left empty and students should be guided verbally in class by teachers about answers and students have to fill themselves. After 8 class there should be no work books.

B. Activity based learning

Activity based learning should be introduced; most of concepts could not cleared to students unless they do not experience it. On Internet search engines now there are variety of activities provided on each subject and concept. In the end of each topic in work books there should be explanations of activities and schools should be compelled to follow them and give statistics about them in annual reports and it should be then checked by complaint desks whether there is any reality in the reports or not?

C. Painting activities

In most of the schools there is separate paper of drawing which is totally unfair. Drawing is an art and some students could have natural interest in it while others do not have. It is natural that some students could draw pictures finely but some could not even after lot of practice. Therefore painting should be installed only as an activity and students should not forcefully compel to draw dog or cat only. Coloring, painting, sketching and other techniques should be delivered to students but they should let independent to do any work in drawing activity periods.

D. Extracurricular activities

Most of the public sector schools in remote areas neglect extracurricular activities like sports, annual day, fun fair, and various types of competitions. Schools should be bound to start such activities and give statistics over them in annual reports to complaints desk.

Curriculum suggestions for 9 and 10

In the end of 8 classes, after one month counseling about various subject options in 9 and 10, students should be kept independent to select any one of following four subjects which include further subjects and there should be no compulsory subject in this stage. Students who select any one of following four subjects would study only enlisted sub-subjects with detailed comprehension thoroughly.

1. Islamic Studies ( islamic law, islamic history, Arkane-Islam, Quran with full translation and commentary)

2. Literature( Urdu, English, Arabic, Arts)

3. Social Sciences ( Pakistan Studies,World Affairs, Economics and Politics, Sociology)

4. Science ( Physics, Chemistry, Biology, Computer, Maths)

Students should give assignments which they have to search on Internet, each section should have there own website which should open to students to submit their subjectivity that develop in their minds during studying as articles, newsletters and manuscripts. Students should encourage developing their magazines which include their writings and views.

Curriculum suggestions for 11 and 12

In intermediate, after one month counseling, students have to give option to select any one from sub-subjects of their particular category. And that category should be divided further in few subjects for more comprehensive and advance education over the various topics. Here I want to discuss Pakistan studies, students have to study same Pakistan studies from 9 to 13 class, that is from metric to Bsc. It is totally flapdoodle and crummy to make such a subject compulsory for 6 years without any solid knowledge. Contents of Pak studies should be made more comprehensive in metric, so that after metric if students select this subject for their intermediate then they could study further diversification of this subject.

After intermediate

In the end of 12 years qualification, now students have to select any particular subject for four years Bachelor. After such a sharp education from 1 to 12, students could absorb advance concepts in active ages of their minds i.e. teenage, in this age student mind is most active and they could understand and learn more quickly. Therefore it is effective to utilize this age. In Pakistan most of students have, chance to study advance concepts in Mphil or PHD, in the age where he/she have also to marry and support their parents. In that age various other tensions attached with any single person, and they could not seek and absorb advance concepts. Pakistan is far behind in race of concepts in every subject therefore there is a need to improve the system in a way that it not only increase quantity but also improve quality.

While describing curriculum I suggest “counseling” in the end of each step of education. The aim of this counseling is to tell students that how a particular subject could help you in life. And it could make easy for students to select subject according to their will. Most of the parents compel children to select medical or engineering only, after wards students could not absorb them and waste their important years of life. Counseling could help them to select subject according to their taste.

Summer Camps/Vocational trainings

In schools there summer camps should be make certain in which students have to learn cooking, stitching, knitting, driving, singing , reading writing any regional language and etc. such courses should be make open to both girls and boys to reduce gender dependency in the society.

Diploma Education/ technical training

Technical education courses should be offered after 10 years qualification but diploma courses should be offered after 12 years of qualification. Instead of BED and MED, any diploma and post diploma course in education should be offer after 12 years qualification. To increase the number of quality teachers for primary and secondary school years in short span of time.

Ending words

In the end I want to tell that suggestion that I have display in this article may not be best but they are not as worse as much existing are. Although these suggestions seemed very difficult to achieve but infact they are not, there is a need of work hard only. Even I can’t say that it is much costly, formation of book bank could reduce various expenditures. Moreover it is very clear that if existing funds utilized fairly then there could be no shortfall of funds.

This animate was adapted from a talk given at the RSA by Sir Ken Robinson, world-renowned education and creativity expert and recipient of the RSA’s Benjamin Franklin award. For more information on Sir Ken’s work visit: www.sirkenrobinson.com
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critical analysis of the case – T.M.A.Pai foundation v. State of karnataka, AIR 2003 SC 355 – through the view of minority of educational rights

admin — Thu, 10 Feb 2011 11:55:03 +0000

OTHER RELEVANT DETAILS OF THIS CASE

Number of paragraphs; 450

Bench; 11 judge bench

B.N. Kirpal, Chief Justice

G.B. Pattanaik

S. Rajendrababu

K.G. Balakrishnan

Arjit Pasayat

U. N. Khare

Ruma Paul

Ashok Bhan

Syed Shah Mohammed Quadri

P. Venkattarama Reddy

S.N.Variappa

Cases referred

1) Ahmadabad St. Xaviers College v. State of Gujarat, AIR 1974 SC 1389 7 JUDGE BENCH

2) In Re The Kerala Education Bill, [1959]1 SCR 995. 7JUDGE BENCH

3) St. Stephens College v. University of Delhi,(1992) 1 SCC 558 5 JUDGE BENCH

4) T.M.A PAI Foundation v. State of Karnataka, AIR 1994 SC 13 5 JUDGE BENCH

5) D.C.Wadhwa .v. State of Bihar AIR 1987 SC 579 5 JUDGE BENCH

6) P.A. Inamdar & Otrs v. State of Maharashtra AIR 2005 SC 3226 7 JUDGE BENCH

7) Unni Krishnan J.P & Otrs v. State of Andhra Pradesh AIR 1993 SC 2178 5 JUDGE BENCH

8) D.A.V. College v. State of Punjab, AIR 1971 SC 1737 5 JUDGE BENCH

9) State of Madras Vs Smt. Champakam Dorairajan,AIR 1951 SC 226. 7 JUDGE BENCH.

10) Bal Patil and Anr v. Union Of India, (2005) 6 SCC 690

Minority

Under the title “Monkey Salvation for a Fish” Anthony de mello narrates the following;-

“What on earth are you doing?” said I to the monkey

When I saw him lift a fish out of the water and place it on the branch of a tree

“I am saving the fish from drowning” replied the monkey.

There is a danger that even the most benevolent majorities have this monkey’s salvation over minorities. This is exemplified in the oft repeated invitation to the minorities to dive into the national mainstream. The Supreme Court of India has saved itself from a monkey. The constitution bench of 11 Judges in the matter of T.M.A. Pai Foundation and others v. State of Karnataka, 2003 had a relook into the interpretation of the constitutional rights of the religious and linguistic minorities to establish and administer educational institutions of their choice. Apart from interpreting the content and extent of these rights and juxtaposing them with the so called similar rights of non minorities, the judges went into the question what is the meaning and content of the expression ‘minorities’ in Article 30? The expression “minority” has been derived from the Latin word ‘minor’ and the suffix ‘ity’ which means “small in number”. J.A. Laponee in his book “The Protection to Minority” describes “Minority” as a group of persons having different race, language or religion from that of majority of inhabitants. In the Year Book on Human Rights U.N. Publication 1950 ed. minority has been described as non dominant groups having different religion or linguistic traditions than the majority population.

Article 30(1) uses the terms ‘linguistic’ or ‘religious’ minorities. The word ‘or’ means that a minority may either be linguistic or religious and that it does not have to be both – a religious minority as well as linguistic minority. It is sufficient of it is one or the other or both. The constitution of India provides for special rights to both linguistic and religious minorities “to establish and administer educational institutions of their choice” under Article 30. Hence no such law can be framed as may discriminate against such minorities with regard to the establishment and administration of the educational institutions vis-à-vis other educational institutions. Article 30 is a special right conferred on the religious and linguistic minorities because of their numerical handicap and to inspire in them a sense of confidence. While upholding these rights, the Supreme Court has, in the TMA Pai case, also endorsed the concept that there should be no reverse discrimination and opines that “the essence of Article 30(1) is to ensure equal treatment between the majority and the minority institutions. No one type or category of institution should be disfavoured or, for that matter, receive more favourable treatment than another. Laws of the land, including rules and regulations, must apply equally to the majority institutions as well as to the minority institutions. The Supreme Court has time and again, in many judgements, ruled that minority status can be decided only by taking the state as a unit. It has reasoned that since ‘religious’ and ‘linguistic’ are mentioned at the same time in Article 30 of the constitution, and since the states were carved out in India by taking language as the criterion, the classification of ‘minority’ cannot be based on some other principle. Accordingly, a state government can confer minority status on an educational institute only after considering the socio-economic backwardness of the minorities in that state. This is the reason why, even though 90 per cent of the educational institutions (aided or unaided) in Kerala are run by person(s) belonging to the minority communities, the same have not been accorded minority status.

Constitutional right accorded to Minorities
(a) Article – 30
Article – 30(1) gives the linguistic or religious minorities the following two rights:
(a) The right to establish, and
(b) The right to administer educational institutions of their choice.

Article – 30(2) bars the state, while granting aid to educational institutions, from discriminating against any educational institution on the ground that it is under the management of a linguistic or a religious minority. It mandates that in granting aid to educational institutions, the state shall not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

The minorities have been given protection under article 30 in order to preserve and strengthen the integrity and unity of the country. The sphere of general secular education will develop the commonness of boys and girls of India. This is in the true spirit of liberty, equality and fraternity through the medium of education. The minorities will feel isolated and separate if they are not given the protection of article 30 general secular education will open doors of perception and act as the natural light of mind for our countrymen to live in the whole. While moving the Draft Constitution in the Assembly on November 4, 1948, Dr. Ambedkar quoted Grote, the historian of Greece, who had said: “The constitutional morality, not merely among the majority of any community but throughout the whole, is an indispensable condition of government at once free and peaceable; since even any powerful and obstinate minority may render the working of a free institution impracticable without being strong enough to conquer the ascendancy for themselves.” It is quite possible to pervert the Constitution without changing its form. That is exactly what is taking place in India. That was exactly what Adolf Hitler did in Germany. Without altering the form of the Weimar Constitution, he destroyed the entire constitutional spirit and, in the end, the Constitution itself. Prof. Wadhwa in D.C.Wadhwa .v. State of Bihar gives a quotation from the Roman legalist Julius Paulus (B.C. 204): “One who does what a statute forbids transgresses the Statute; one who contravenes the intention of a Statute without disobeying its actual words, commits a fraud on it.” Auto-limitation and Self-scrutiny by the judiciary: vitiates Constitutional morality and judicial values?

Now let us come to the topic. The case of T.M.A.PAI foundation is a landmark case which deals with the rights of minorities in India, which often I feel in this nation has not yet been recognised. We say India is a home to various cultures, different people and different languages. And we say that there is UNITY IN DIVERSITY. But in my personal opinion I don’t feel so… because still allot of people have been subdued under the hands of the most power handed majorities.

A brief idea about the previous and present landmark decisions that plays its due role in the rights of minorities

State of Madras v. Champakam durai rajan

It was this judgment that necessitated the Constitution First Amendment, which added Clause (4) to Article 15. It will be noticed in Article 29 that while Cl. (1) protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Cl. (2) is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens. This right is not to be denied to the citizen on grounds only of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. But, on the other hand, if he has the academic qualifications but is refused admission only on grounds of religion, race, caste, language or any of them, then there is a clear breach of his fundamental right. The section of the people, in particular, of the Scheduled Castes and the Scheduled Tribes, and with protecting them from social injustice and all forms of exploitation. It is pointed out that although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Court. the principles therein laid down are nevertheless fundamental for the governance of the country and Art. 37 makes it obligatory on the part of the State to apply those principles in making laws. The argument is that having regard to the provisions of Art. 46, the State is entitled to maintain the Communal G. O. fixing proportionate seats for different communities and if because of that Order, which is thus contended to be valid in law and not in violation of the Constitution, the petnrs. are unable to get admissions into the educational institutions, there is no infringement of their fundamental rights. Indeed, the learned Advocate-General of Madras even contends that the provisions of Art. 46 override the provisions of Art.29 (2).

Re. Kerala Education Bill

The ruling in this case has been reiterated by the Supreme Court in Guru Nanak University case. In that case, the Supreme Court rejected the contention of the state of Punjab that a religious or linguistic minority should be a minority in relation to the entire population of India. The Court has ruled that a minority has to be determined, in relation to the particular legislation which is sought to be impugned. If it is a state law, the minorities have to be determined in relation to the state population. The Hindus in Punjab constitute a religious minority. Therefore, Arya Samajistis in Punjab also constitute a religious minority having their own distinct language and script. It is within the realm of possibility that the population of a state may be so fragmented that no linguistic or religious group may by itself constitute 50 percent of the total state population. In such a situation, every group will fall within the umbrella of Art. 30(1) without there being a majority group in the state against which minorities need to claim protection.

The Court has pointed out that if various sections and classes of the Hindus were to be regarded as ‘minorities’ under art. 30(1), then the Hindus would be divided into numerous sections and classes and cease to be a majority any longer. The sections of one religion cannot constitute religious minorities. The term ‘minority based on religion’ should be restricted only to those religious minorities, e.g. Muslims, Christians, Jains, Buddhists, Sikhs, etc., which have kept their identity separate from the majority, namely, the Hindus. The provision of article 30(1) does not however mean that the state can impose no regulations on the minority institutions. In this case, the Supreme Court also observed: “The right conferred on the religious and linguistic minorities to administer educational institutions of their choice is not an absolute right”. It has to be read with regulatory power of the state. Regulations which do not affect the substance of the guaranteed rights, but ensure the excellence of the institutions and its proper functioning in matters educational, are permissible.

In this case the question arose as to “whether the minority community was to be determined on the basis of the entire population of India, or on the basis of the population of the state forming a part of the union. It has been contended by the state of Kerala that for claiming the status of minority, the persons must numerically be a minority in the particular region in which the educational institution was situated, and that the locality or ward or town where the institution was to be situated has to be taken as the unity to determine the minority community. No final opinion on this question was expressed, but it was observed at SCR p.1050 that as the Kerala Education Bill “extends to the whole of the state of Kerala and consequently the minority must be determined by reference to the entire population of that state.” In the two cases pertaining to D.A.V.College, this court had to consider whether the Hindus were a religious minority in the Guru Nanak college case the question posed was as to what constituted a religious or linguistic minority, and how it was to be determined… after examining the opinion of this court in the Kerala Education Bill, 1957 case the court held that the Arya Samajistis, who were Hindus, were a religious minority in the state of Punjab, even though they may not have been so in relation to the entire country. In the 1971 D.A.V.College case it was stated that “what constitutes a linguistic or religious minority must be judged in relation to the state inasmuch as the impugned Act is a State Act and not in relation to the whole of India.” The Supreme Court rejected the contention that since Hindus were a majority in India, they could not be a religious minority in the state of Punjab, as it took the state as the unit to determine whether the Hindus were a minority community. There can, therefore, be little doubt that this court has consistently held that, with regard to a state law, the unit to determine a religious or linguistic minority can only be the state. The forty second amendment to the constitution included education in the concurrent list under Entry 25. Would this in any way change the position with regard to the determination of a “religious” or “linguistic minority” for the purpose of Article 30?As a result of the insertion of Entry 25 into List III, parliament can now legislate in relation to education, which was only a state subject previously. The jurisdiction of Parliament is to make laws for the whole or a part of India. It is well recognized that geographical classification is not violative of Article 14. It would therefore, be possible that, with respect to a particular state or group of states, parliament may legislate in relation to education. However, Article 30 gives the right to a linguistic or religious minority of a state to establish and administer educational institutions of their choice. The minority for the purpose of Article 30 cannot have different meanings depending upon who is legislating. Language being the basis for establishment of different states for the purposes of Article 30, a “linguistic minority” will have to be determined in relation to the state in which the educational institution is sought to be established. The position with regard to the religious minority is similar, since both religious and linguistic minorities have been put on par in Article 30.

Ahmadabad St. Xaviers College v. Government of Gujarat

Here in this case it was observed by the court that: “Every educational institution irrespective of community to which it belongs is a ‘melting pot’ in our national life” and that it is essential that there should be a “proper mix of students of different communities in all educational institutions.” This means that a minority institution cannot refuse admission to students of other minority and majority communities. The Supreme Court in this case has pointed out that the spirit behind article 30(1) is the conscience of the nation that the minorities, religious as well as linguistic, are not prohibited from establishing and administering educational institutions of their choice for the purpose of giving their children the best general education to make them complete men and women of the country. As K.K. Mathew, J. has observed supporting the majority view in this case: “It is upon the principal and teachers of a college that the tone and temper of an educational institution depend. On them would depend its reputation, the maintenance of discipline and its efficiency in teaching. The right to choose the principal and to have the teaching conducted by teachers appointed by the management after an overall assessment of their outlook and philosophy is perhaps the most important facet of the right to administer and educational institution”, and also the Supreme Court has rightly pointed out, “The whole object of conferring the right on the minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection they will be denied equality.”

St. Stephen’s College v. University of Delhi

The Court ruled out that college was established and administered by a minority community, viz., the Christian community which is indisputably a religious minority in India as well as in the union territory of Delhi where the college is located and hence enjoys the status of a minority institution. On the question of admission of students of the concerned minority community, the court has ruled that, according to article 30(1), the minorities whether based on religion or language have the right “to establish and administer” educational institutions of their choice and the right to select students for admission is a part of administration. On this point, the court has observed: “It is indeed an important facet of administration. This power also could be regulated but the regulation must be reasonable just like any other regulation. It should be conducive to the welfare of the minority institution or for the betterment of those who resort to it.” There is also the question of fees chargeable by the unaided minority institution from its students. The reason is that unaided institutions have to meet the cost of importing education from their own resources and the main source can only be the fees collected from the students. But these institutions cannot be permitted to indulge in commercialization of education. Therefore, it would not be unconstitutional for the government to issue an order which places a restriction on the amount of fee chargeable by an institution, if, on facts, the minority institutions indulge in commercialization of education and maladministration of the educational institutions. Medium of Instruction – The right of a minority to establish and administer educational institutions of its choice also carries with it the right to impart instruction to its children in its own language. The result of reading articles 29(1) and 30(1) together is that the minority has the choice of medium of instruction and the power of the state to determine the medium of instruction has, therefore, to yield ground, to the extent it is necessary to give effect to this minority right. The most significant case on this point is the D.A.V College, Bhatinada v. State of Punjab. By a notification, the Punjab Government compulsorily affiliated certain colleges to the Punjab University which prescribed Punjabi in the Gurumukhi script as the sole and exclusive medium of instruction and examination for certain courses. The Supreme Court declared that it violated the right of the Arya Samajistis to use their own script in the colleges run by them and compulsorily affiliated to the University. The constitution uses the term ‘minority’ without defining it. In this case, the Supreme Court also opined that while it is easy to say that minority means a community which is numerically less than 50 per cent, the important question is 50 % of what constitutes minority? Should it be of the entire population of India? Or of a state? Or a part thereof? It is possible that a community may be in majority in a state but in a minority in the whole of India. A community may be concentrated in a part of a state and may thus be in majority there, though it may be in minority in the state as a whole. If a part of a state is to be taken, then the question is where to draw the line and what is to be taken into consideration a district, town, a municipality or its wards. The court delved into the issue of minority educational institutions and the parameters of their operational freedom. It was held that a minority institution had a right to establish an educational institution. On the question of whether such a minority institution could be directed to adopt a uniform selection criteria, the court ruled that if the selection or interview was based on candidate’s academic record, as well as performance at the interview, such procedure cannot be disturbed by a university directive. Merely getting on state aid such institution would not be covered by Article 29(2) {which prohibits denial of admission on grounds of religion alone} and lose its protection under Article 30(1) {right of minorities to establish an educational institution}. However, a minority cannot establish educational institutions for its exclusive benefit. It can accord preference to members of its own community up to a maximum of 50% of the annual admission.

The Unnikrishnan case

The scheme in this case has the effect of nationalizing education in respect of important features like the right of a private unaided institution to give admission and to fix the fee. By framing this scheme, which has led to the state governments legislating in conformity with the scheme, the private institutions are indistinguishable from the government institutions; curtailing all the essential features of the right of administration of a private unaided educational institution can neither be called fair nor reasonable. This point has been observed in this decision in Para 194. The wide amplitude of the right conferred in Mohini Jain v. State of Karnataka, 1992 case was restricted by the court in this case. It held that the right to education related only to basic education and state provision for higher education would depend upon its economic capacity. Whereas private educational institutions could charge a fee higher than government institutions, the amount could not be a capitation fee in disguise. Commercialization of education was not permissible. The court framed a detailed scheme to minimize discretion of private educational institutions in matters of admission and levy of fees. The Hon’ble Supreme Court in this Unni Krishnan’s case has laid down a formula to bring about a partnership between the Public Sector and the Private Sector to work together for the development of higher education. The Government has since developed mechanisms to prevent commercialization and at the same time rope in the Private Sector to provide higher education to its citizens. The meaning of the word life includes the right to live in fair and reasonable conditions, right to rehabilitation after release, right to live hood by legal means and decent environment. The expanded scope of Article 21 has been explained by the Apex Court in the Unni Krishnan’s case and the Apex Court itself provided the list of some of the rights covered under

Article 21 on the basis of earlier pronouncements and some of them are listed below:
(1) The right to go abroad.
(2) The right to privacy.
(3) The right against solitary confinement.
(4) The right against hand cuffing.
(5) The right against delayed execution.
(6) The right to shelter.
(7) The right against custodial death.
(8) The right against public hanging.
(9) Doctors assistance.

It was observed in Unni Krishnan’s case that Article 21 is the heart of Fundamental Rights and it has extended the Scope of Article 21 by observing that the life includes the education as well as, as the right to education flows from the right to life. As a result of expansion of the scope of Article 21, the Public Interest Litigations in respect of children in jail being entitled to special protection, health hazards due to pollution and harmful drugs, housing for beggars, immediate medical aid to injured persons, starvation deaths, the right to know, the right to open trial, inhuman conditions in aftercare home have found place under it. Through various judgments the Apex Court also included many of the non-justifiable Directive Principles embodied under part IV of the Constitution and some of the examples are as under:

(a) Right to pollution free water and air.
(b) Protection of under-trial.
(c) Right of every child to a full development.
(d) Protection of cultural heritage.

T.M.A. Pai case, 1994

Here the unaided Colleges are privately managed and raise their own funds. The Hon’ble Supreme Court has held that ‘the right to admit students being an essential facet of the right to administer educational institutions of their choice, as contemplated in Article 30 of the Constitution, the State Government or the University may not be entitled to interfere with that right, so long as the admission to the unaided educational institutions is on a transparent basis and the merit is adequately taken care of. The right to administer, not being absolute, there could be regulatory measures for ensuring educational standards and maintaining excellence thereof, and it is more so in the matter of admissions to professional institutions’. This was observed by the Hon’ble Supreme Court in T.M.A.Pai Foundation and others v. State of Karnataka and others.

Article 30(1) postulate that the religious community will have the right to establish and administer educational institutions of their choice meaning thereby that where a religious minority establishes an educational institution, it will have the right to administer that. The right to administer has been given to the minority, so that it can mould the institution as it thinks fit, and in accordance with its ideas of how the interest of the community in general, and the institution in particular, will be best served. For purpose of article 30(1), even a single philanthropic individual from the concerned minority can found the institution with his own means. A minority institution may impart general secular education; it need not confine itself only to the teaching of minority language, culture or religion. But to be treated as a minority institution, it must be shown that it serves or promotes in some manner the interests of the minority community by promoting its religious tenets, philosophy, culture, language or literature. The court addressed the issue of abolition of capitation fees pose Unnikrishnan and the scheme formulated for the admission of students. With the issue of the right of minority educational institutions pending consideration of a large bench, the court made a few modifications to the scheme to facilitate smoother functioning and gave interim directions. It also directed the Reserve Bank of India to formulate schemes to provide educational loans.

T.M.A. Pai foundation v. state of Karnataka, 2003

An 11 judge bench of the Supreme Court headed by Chief Justice B.N. Kripal held that the state governments and universities cannot regulate the admission policy of unaided educational institutions run by linguistic and religious minorities, but state governments and universities can specify academic qualifications for students and make rules and regulations for maintaining academic standards. The same principle applies in appointment of teachers and other staff. An unaided minority educational institution would be free to hire as it pleased as long as some essential qualifications were adhered to. In this case a number of petitions were filed by the management of minority educational institutions challenging the unnecessary control exercised by the government in various rules and regulations and hampering their progress of quality education. They contended the right in Article 30 which gives them full autonomy in running their institutions. In all the court framed five questions which are to be considered in these petitions

1) What is the extent of control of state on minority institutions?

2) What should be the procedure for admission of students?

3) Will eligibility be confined to minority students or students of other community?

4) Who is minority and how is to be determined?

5) Whether these rights are available to minorities only or to other communities?

After the 11 judge bench decision in T.M.A. Pai’s case it was thought that the controversies regarding minority educational institution was finally settled. But the subsequent events showed different signs. These signs are due to the loop holes in the above said case. It was observed that the principles laid down in T.M.A. Pai’s case were so broadly formulated that it gave enough scope to apply those principles in different ways by the High Courts. The result was that the high court was flooded with writ petitions seeking for the settlement of various issues which remained unsolved. The constitution of India extends protection to minorities in different ways. Even though the constitution does not define the term minority it mentions of religious, linguistic and cultural minorities in articles 29 and 30. In India minorities are of diverse kinds given its pluralistic composition and multicultural history. There are religious, linguistic and cultural minorities and minorities possessing special scripts of their own, untouchable, socially and educationally backward classes schedule caste and schedule tribes. Throughout the years the term minority was subjected to judicial interpretation by the Supreme Court and many High Courts and has acquired legal and constitutional connotations which are consistent with the sociological concept regarding minority. It is noted that articles 29 and 30 of the constitution of India is based on culture, language, script or religion should not be compelled by the circumstances to give up their language, script or religion which should not be compelled by the circumstances to give up their culture, script or religion. The right to establish and administer private unaided non minority educational institutions broadly comprises the following rights;

To admit students;
To set up a reasonable fee structure;
To constitute a governing body;
To appoint staff (teaching and non teaching)
To take action if there is failure of duty on the part of any employees.

With regard to the core components of the rights under Article 19 and 26(a), it must be held that while the state has the right to prescribe qualifications necessary for admission, private unaided colleges have the right to admit students of their choice, subject to an objective and rational procedure of selection and the compliance with conditions, if any, requiring admission of a small percentage of students belonging to weaker sections of the society by granting them freeships or scholarships, if not granted by the government. The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration. Article 30(1) deals with religious minorities and linguistic minorities. The opening words of the Article makes it clear that religious and linguistic minorities have been put on par, insofar as that Article is concerned. Therefore, whatever the unit whether a state or the whole of India for religious minority. India is divided into different linguistic states. The states have been carved out on the basis of the language of majority of persons of that region. For example the state of Maharashtra has been established on the basis of the language (Marathi) of that region. “Linguistic minority” can, therefore, logically only be in relation to a particular state. If the determination of such minority for the purpose of Article 30 is to be in relation to the whole of India, then within the state of Maharashtra, Marathi speakers will have to be regarded as linguistic minority. This will clearly contrary to the concept of linguistic states. If therefore, the state has to be regarded as the unit for determining “linguistic minority”. This will clearly be contrary to the concept of linguistic states. Articles 29 and 30 are a group of articles relating to cultural and educational rights. Article 29(1) gives the right to any section of citizens residing in India or any part thereof, and having a distinct language, script or culture of its own, to conserve the same. Article 29(1) does not refer to any religion, even though the marginal interest of the Article mentions about minorities. Article 29 (1) essentially refers to sections of citizens who have a distinct language, script or culture, even though their religion may not be the same. The widespread notion that runs through Article 29(1) is language, script or culture and not religion. For example, if in any part of the country, there is a section of society that has a distinct language, they are entitled to conserve the same, even though the persons having that language may profess different religions. Article 29(1) gives the right to all sections of citizens, whether they are in a minority or majority religion, to conserve their language, script or culture. In the exercise of this right to conserve the language, script or culture, that section of the society can setup educational institutions. The right to establish and maintain educational institutions of its choice is necessarily related to the right conferred by Article 30. The right under Article 30 is not absolute. Article 29(2) provides that, where any educational institution is maintained by the state or receives aid out of state funds, no citizen shall be denied admission on the grounds of religion, race, caste, language or any of them. The use of the expression “any educational institution” in Article 29(2) would refer to any educational institution established and administered by anyone, but which is maintained by the state or receives aid from funds of the state. In other words in an ordinary sense, state maintained or aided educational institutions, whether established by the government or the majority or a minority community cannot deny admission to a citizen on the grounds only of religion, race, caste or language. The right of minorities to establish and administer educational institutions is provided by Article 30(1). To some extent, Article 26(1) (a) and Article 30(1) overlap, insofar as they relate to the administer of educational institutions; but whereas Article 26 gives right to both the majority as well as minority institutions to establish and administer educational institutions.

“The majority opinion spread over 30 printed pages, and minority opinion spread over 60 printed pages, both though illuminating and instructive, have none the less not summed up or pointedly answered the questions”. So came the P.A. Inamdar and others to appreciate and cull out the ratio decidendi of the two opinions and to examine if the clarification given in Islamic academy runs counter to Pai foundation

P.A. Inamdar and others v. State of Maharashtra, 2005

This case clearly pointed out that “the state can insist on private educational institutions which received no aid from the state to implement the state’s policy on reservation for granting admission on lesser percentage of marks i.e., on any criterion except merit (Para 1) and allowed freedom to unaided institution to devise their own fee structure subject to state regulations and thus the unaided educational institutions are blessed with unautocratic benefits; and there is no whisper of the connotation of the spirit of the Directive Principles of State Policy in relation to the state’s role to education its citizens
The decision of the Hon’ble Supreme Court in this decision has created ripples in the Educational sector. It has been held by the Hon’ble Supreme Court that Professional colleges would now enjoy full autonomy in admitting students. It has also been stated that in the absence of a State or a Central legislation regarding admissions and fee in professional colleges, the Legislative Committee which regulates admission, procedure, fee structure, etc. shall continue to exist. This case over ruled the decision of the 2003 T.M.A. Pai foundation case. The Inamdar case judgment of 2005 was a logical continuation of the TMA Pai Foundation case on the issue of admissions and administration in minority educational institutions. Interestingly, the Constitution makes special provisions for the minorities under Article 30, to establish and administer their educational institutions. In the Inamdar judgment, the Supreme Court extends the protection awarded to minority institutions to non-minority institutions as well. This is a significant departure in jurisprudence whereby unaided minority institutions have been equated with unaided non-minority institutions. The judgment extends the rights available under Article 19(1) (g) to “practice any profession or to carry on any occupation, trade or business”, to non-minority institutions. In the judgment, under the sub-heading Backdrop, education was described as an occupation. Education used to be charity or philanthropy in good old times. Gradually it became an ‘occupation’. Some of the judicial dicta go on to hold it as an ‘industry’. Whether to receive education is a fundamental right or not has been debated for quite some time. But it is settled that establishing and administering of an educational institution for imparting knowledge to the students is an occupation protected by Article 19(1) (g) and additionally by Article 26(a), if there is no element of profit generation. As of now, imparting education has come to be a means of livelihood for some professionals and a mission in life for some altruists”. The judgment also mentions that the State cannot ‘appropriate’ seats to provide them to reserved categories that are given admission with lower marks. “So far as appropriation of quota by the State and enforcement of its reservation policy is concerned, we do not see much difference between non-minority and minority unaided educational institutions. We find great force in the submission made on behalf of the petitioners that the States have no power to insist on seat sharing in the unaided private professional educational institutions by fixing a quota of seats between the management and the State. The State cannot insist on private educational institutions, which receive no aid from the State, to implement State policy on reservation for granting admission on lesser percentage of marks, i.e. on any criterion except merit”.

Bal patil and Anr v. Union of India

Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving protection from likely deprivation of their religious, cultural and educational rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Government based on election”. The above definition does not include Disabled and Weaker Section also does not include disabled. The problem is that, even though SC & HC orders and / judgments many a times do not go in favor of disabled because it has no strong base for interpretation in the Constitution of India as the SCs & STs have. As far as the implementation part is concern it is a common problem for every law and its provisions. For Minority, According to this case, “Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving protection from likely deprivation of their religious, cultural and educational rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Government based on election”. The above definition does not include Disabled and Weaker Section also does not include disabled. The problem is that, even though SC & HC orders and judgments many a times do not go in favor of disabled because it has no strong base for interpretation in the Constitution of India as the SCs & STs have. As far as the implementation part is in concern it is a common problem for each and every law and its provision and the situation that leads to the formation of such laws by the respected courts irrespective of its hierarchy.

Conclusion

The eleven judge bench in 2002 Pai’s case produced an Eastman colour spectrum in which 50% of the issues framed were left for regular bench for consideration and opened the floodgates of litigation. Then came the Islamic academy (2003) with 4 issues to clarify the stand of Pai’s case, the Supreme Court is pleased to deal with the legal nuance between ‘special right’ and ‘certain additional protection’ under Article 30(1) for minority institutions. While analyzing the concept of right to education to poorer sections of the society, the historical T.M.A. Pai foundation case confused the concept, the Islamic academy case made it complex and finally Inamdar’s case has compounded the situation. This case has once again opened the lid of Pandora’s Box inviting a repulsive fur ore in our political, social and legal system. This case is a thing of interest, it being a thing of bitter controversy. It reminds us of a quote of Justice V.R. Krishna Iyer, an adjudicator of commoner-

“The myth is that the courts of law administer justice; the truth is that they are the agents of justice. The poor little Indians have been unflinching faith in the judiciary that the fruits of constitutional goals are made available and secured for them. They really rejoiced at many path breaking decisions concerning their fundamental rights. But the recent trends in judiciary caused disquiet in the hearts of the oppressed. “

All the trendy minority decision inevitably generate some basic questions

1. Whether the judiciary is obliged to read law in sacred isolation or intertwine legal philosophy with real of life?
2. Whether the concept of social justice is an abstract idealism or a pragmatic constitutional mandate?
3. Whether the DPSP (PART IV) coupled with preambulory promise of “we, the people” permit the revisiting of laissez faire in the field of education at the cost of poorer sections of the society?
4. Whether the judiciary which acknowledged the limitations of Article 37 by reading the DPSP into fundamental rights jurisprudence, is justified in giving primacy to “LIBERALISATION, PRIVATIZATION, GLOBALISATION” doctrine and to support commercialization of education on par with corporate enterprise?
5. If the state withdraws its role in providing higher education to its citizens, what will be its impact on the interests of the disadvantaged sections of the society entitled to constitutional protection?
6. Whether the recent trends indicated through T.M.A.PAI’S case and the other cases which followed it tantamount to judicial progressive thought?
7. Whether the impact of Inamdar’s case strikes at very root of legislative powers of the state in enacting a law for the cause of socially and educationally backward classes and minorities?

It appears that the judicial philosophy with regard to the reservations has become unpredictable and uncertain when it is related to the concept of social justice. Part IV of the constitution dealing with the Directive Principles of State Policy is not an ideological perception but a pragmatic public command. A right carved out of philosophy of this Part IV is no inferior to the rights in Part III of our constitution, and both these eyes shall look at the perambulatory propositions.

Our apex court on many earlier occasions has justified that the constitutional connotation in providing specific provisions relating to reservations is in conformity with requirement of social justice and economic democracy as warranted in the preamble of the Indian constitution. In no case right from Chempakam durai rajan to Unni Krishnan and several other cases the Supreme Court never felt that providing reservations for socially, economically and educationally disadvantaged classes is outmoded or authentic to constitution. The field of education has been jealously guarded by the courts in order to accommodate the interests of the under privileged classes. Rasco Pound says that justice is the totality of values as to human relations initiatively recognized through collective experience. Justice is a multidimensional and everlasting concept of reality and virtue. It is heartening to note Lord Denning’s enduring observation that “Justice is not something you can see. It is temporal but eternal… it is not the product of his intellect but eternal. The nearest we can get to defining justice is to say that “it what the right minded members of the community – those who have the right spirit within them – believed to be fair”

With all humility it is submitted that the judiciary is the hope and asylum in a country consumed by corrupt power operators and cunning mega builders.

“Ye are the salt of the earth; if the salt have lost his favor, where with shall it be salted” –The Holy Bible

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