Eitan Stern’s Post

🔍 Is the VAT on Private Schools Legal Under Human Rights Law? With a 20% VAT on private school fees set for January 2025, the UK Government’s tax plans face scrutiny not just for economic impact but also on human rights grounds. At the heart of the debate lies a critical question: does this tax inhibit access to education in violation of the European Convention on Human Rights (ECHR)? An eye-opening look at key legal precedents and expert opinions reveals how the European Court may view this new tax through the lens of rights, democracy, and access. Whether you’re an educator, parent, or legal professional, our latest article from the litigation team is a must-read for those interested in the future of private education and its place within democratic society. Read here: https://lnkd.in/e_mt94fY #vat #privateeducation #humanrightslaw

🎉 A landmark victory for educators and students! 🎉 A New Hampshire law restricting what teachers can discuss in classrooms has been declared unconstitutional by a federal judge. Dubbed the "divisive concepts law," it mirrored a 2020 executive order and sparked similar bills nationwide. American Federation of Teachers NH President Debrah Howes celebrates this win: "It's a victory for teachers so they can teach without fearing investigation for doing their job well. These topics are part of American history and contemporary America." Judge Paul Barbadoro's ruling highlights the law's vagueness and its violation of the 14th Amendment, emphasizing the potential for "arbitrary and discretionary enforcement." This decision not only impacts New Hampshire but could have ripple effects across the nation, as noted by ACLU NH legal director Giles Bissonnette. Education thrives when teachers and students can engage openly and thoughtfully in critical discussions. Support our educators in creating inclusive and informed learning environments! 📚✨ #Education #Teachers #FreeSpeech #InclusiveEducation #ACLU https://lnkd.in/eEvAp5Gn

Reasons Why Teachers Are Opposed to TSC Amendment Bill 2024, Rule of Law - Juc Media Kenya Reasons Why Teachers Are Opposed to TSC Amendment Bill 2024, Rule of Law. Reasons Why Teachers Are Opposed to TSC Amendment Bill 2024, Rule of Law The rule of law is the legal principle that provides equity and openness for all individuals, communities and governments. Under the rule of law, everyone enjoys the benefit of being treated equally and should be accountable in the event there is a contravention of the same. No one person, community, society, organisation or government is more important before the law than another. And so, it is important to be regulated by law. The concept […] https://lnkd.in/dJhBnURq

The government has halted the Higher Education (Freedom of Speech) Act 2023 six days before it was due to come into force. Bridget Phillipson, the Secretary of State for Education, has said that she is considering options about what to do with the legislation, one of which is to repeal the Act in its entirety because of concerns that it would be burdensome to implement for providers and the Office for Students. #employment #employmentlaw #academicfreedom #freedomofspeech #freedomofexpression #education

Bombay High Court has quashed Maharashtra government's notification issued on February 9, 2024, amending the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011, through which private, unaided schools were exempted from providing 25% admission in class I and pre-school sections to the children belonging to disadvantaged groups and weaker sections, if such private schools were situated within a 1 kilometer radius of Government-run or aided schools. Under the Right to Education Act (RTE Act), private unaided schools not receiving any kinds of grants or aids shall mandatorily reserve 25% of seats for economically weaker and disadvantaged children for admission at the entry point (class I and pre-primary sections), and provide free and compulsory education to them, in consonance with the provisions of the RTE Act and Article 21-A of the Constitution. The government would reimburse to the schools the fees for such students who receive free education under the aforementioned scheme. A batch of public interest litigations had challenged the notification claiming that it contravened the provisions of the RTE Act and the Constitution. A division bench of the Bombay High Court had earlier stayed the implementation of the notification vide its May 6 order and has now quashed and set it aside vide its judgment dated July 19, 2024, saying that the notification is ultra vires of the RTE Act and Article 21 of the Constitution. The Court has also noted in its judgment that the admissions made by a few private schools in the period between the publication of the notification in February and before it was stayed in May against the reserved 25% quota, shall not be disturbed. However, the schools must ensure that the 25% quota for seats under the RTE Act shall be filled and maintained as per the unamended Rules and if required, the total seats may also be increased by the schools by submitting the necessary information and details to the concerned authority of the state’s education department. Pioneer Legal #education #bombayhighcourt

The draft law on education issues was adopted in the first reading A number of innovations are aimed at promptly resolving the most important practical issues. https://lnkd.in/ew6zaAjt

#newsalert BASIC EDUCATION LAWS AMENDMENT ACT GAZETTED The Act was gazetted on 16 September 2024 and is not yet in force. This casts an entirely different light on the three months' grace allowed for parties to the Government of National Unity to resolve their differences on matters of school language and admission policy before those provisions take effect. In a speech announcing this concession, President Cyril Ramaphosa tended to give readers the impression that all other provisions would be operationalised immediately. As SA Legal Academy reported at the time, that would have required the publication of a separate presidential proclamation. Yet, at the time of writing, there was no sign of one. Perhaps it would have been prudent to be more transparent about the context in which the concession was made. The Department of Basic Education may well take far longer than three months to prepare for the implementation of the Act's remaining provisions. Why not allow more time to thrash out a compromise position on the vexed issue of school language an admission policy? Or is it government's intention to operationalise the Act in its entirety before the 2025 school year begins? In which case, is there the capacity to do so? These questions need to be asked and answered. Meanwhile, a link to the new Act has been added to this report: https://lnkd.in/g5QWmTA2 Subscribe to our newsletter on the latest developments in national government and parliament 👉 https://lnkd.in/eis2a-RX Published by SA Legal Academy Policy Watch #salegalacademy #education #southafrica #schools #legislation

The draft law on education issues was adopted in the first reading A number of innovations are aimed at promptly resolving the most important practical issues. https://lnkd.in/eBCH937m

#newsalert BASIC EDUCATION LAWS AMENDMENT BILL HITS ANOTHER SNAG The NCOP has deferred voting on the Basic Education Laws Amendment Bill's 'D’ version until its next session. This was agreed when it became evident that a report tabled on 2 May 2024 was not the version adopted by the NCOP committee concerned. Apparently, the correct report had not been tabled when the Bill's consideration and finalisation was included in the NCOP order paper. As a result, although the correct report was read neither it nor the Bill itself was considered. The next NCOP plenary is scheduled for 16 May 2024. As SA Legal Academy has regularly reported, the Bill proposes substantive amendments affecting a range of issues, including the functions of school governing bodies, the language in which teaching and learning take place, and home schooling. * NCOP plenary (YouTube, 5:04:10) https://lnkd.in/dfhJJeJY * order paper https://lnkd.in/dN4fCH4X * Bill's 'D’ version https://lnkd.in/dzzg4N2j Subscribe to our newsletter on the latest developments in national government and parliament 👉 https://lnkd.in/eis2a-RX Published by SA Legal Academy Policy Watch #salegalacademy #education #southafrica #legislation #parliament