Master of Philosophy in Education

Purpose

The primary purpose of this qualification is to provide learners with

• In-depth knowledge and skills in respect of Education Law so that they can function effectively and at a high level within the field of education law whether as educators or legal practitioners.
• The ability to deal with a wide range of legal issues within the education context and will thus enable educators to manage schools more effectively.
• The qualification will allow legal practitioners to further develop legal knowledge and skills appropriate for the education context.
• The capacity to do advanced research in Education Law to expand or redefine the real experience.

Rationale

Education law is one of the fastest-growing legal fields. Numerous far-reaching legislative and policy initiatives have been taken over the last decade to transform education in South Africa. The significance, implications and relevance of these initiatives have to be studied and analysed from an academic point of view. Also, the new constitution's emphasis on administrative transparency and accountability impacts profoundly on the administration of education and the legal aspects thereof. People in education and legal practise nationally as well as regionally, need to be provided with the knowledge and skills to understand and function effectively in the new environment. Courses must be developed at higher education level, and to promote the discipline of Education Law for these purposes. This qualification aims to provide skills to educational managers as well as legal practitioners who require knowledge and skills in respect of Education Law.

Recognition of Prior Learning (RPL)

Recognition of prior learning in the case of learners not complying with the formal entry requirements is following the policy and guidelines of the institution. The institution recognises other forms of formal, informal and non-formal learning and experience. Recognition takes place only where prior knowledge corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and outcomes of the qualification. Through recognition of prior learning, learners may gain access, or advanced placement, or recognition of status, on condition that they continue their studies at this institution.

Entry Requirements

• Bachelor of Laws, NQF Level 8.

Or

• Bachelor of Education Honours, NQF Level 8.

The qualification consists of the compulsory modules at NQF Level 9 totalling 240 Credits.

Compulsory Modules, Level 9: 180 Credits.

• Introduction and Legal Organisation of Schools, 45 Credits.
• Rights of Learners, Parents and Educators, and Codes of Conduct and Discipline, 45 Credits.
• Education Legislation and Human Rights and Education, 45 Credits.
• Labour Law/ Relations in Education and Private Education, 45 Credits.
• Dissertation, 60 Credits.

1. Identify, analyse and solve legal problems within the education context using relevant legal concepts, principles and source of law.
2. Select and apply problem-solving strategies to everyday educational-legal issues and assess the application of the proposed solutions in different educational situations.
3. Collaborate, consult and work effectively as a member of a team within various professional contexts.
4. Work in teams to solve problems and settle disputes.
5. Analyse, understand and apply legal knowledge to understand one's legal position, rights and responsibilities within the education law context.
6. Perform tasks and duties diligently, competently and with the commitment by critically reflecting on and assessing one's professional performance and conduct on an ongoing basis.
7. Collect, record, organise and evaluate relevant legal information on legal issues in education.
8. Conduct independent research on education law issues, using appropriate research theory and methods.
9. Engage in open, constructive dialogue on legal issues in education.
10. Communicate effectively verbally and in writing in different educational contexts.
11. Use appropriate technology to access, process and record data.
12. Develop a broad overview of the development and application of education law and policy on a macro and micro level and engage in debate on issues within a macro context.
13. Critically reflect on and assess one's performance and take steps to improve the quality of one's performance.
14. Develop and nurture values and principles that will promote civic responsibility and accountability towards oneself, one's profession and others.
15. Promote the principles of cultural diversity, non-racism, non-sexism, equity and equality within a human rights context.
16. Develop and acquire new knowledge, skills and attitudes that will enhance his/her professional development and equip him/her for unique and challenging career opportunities and social mobility within the field of educational management and education law.
17. Develop and assess entrepreneurial opportunities and skills for self and those of others.

The following Associated Assessment Criteria applies across the Exit Level Outcomes

• Identify and analyse education law-related problems and apply legal principles and concepts to a specific problem.
• Describe procedures for teams to follow to solve the issues and settle disputes.
• Participate in group discussions and presentations.
• Take responsibility for submitting work on time, professionally presenting work, participating in face-to-face and online reviews and maintaining a high quality of work.
• Identify, interpret and apply relevant sources of law to practical situations.
• Synthesise and integrate legal literature into coherent arguments.
• Analyse and apply education policy to practical situations.
• Produce written assignments of high quality in terms of structure, content and language.
• Argue and defend a position on critical legal questions and issues.
• Use legal concepts, principles and theory correctly in written and oral tasks.
• Obtain information and to complete the assignment and to gain access to legal courses and policy.
• Participate in online discussions on legal questions relating to education.
• Demonstrate written, and oral work is showing an understanding of macro policy issues and debates and the ability to engage in logical and critical discussion and legal argument on these issues.
• Complete various self-assessment tasks that demonstrate the learner's ability to reflect on, assess and monitor his/her work and progress.
• Demonstrate in work and discussions an understanding of civic structures within the context of education and education law, and can debate issues relating to rights, responsibilities, power and authority.
• Apply relevant human rights literature to specific legal issues dealing with cultural diversity (e.g. the right to religious freedom).
• Show sensitivity to the culture of others in groups and the variety of the context of work.
• Show knowledge, skills and values that enable employment and improve marketability in the workplace.
• Identify entrepreneurial opportunities and skills for self and those of others.

Integrated assessment

The assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever. Both formative and summative assessment processes monitor progress during the programme and to determine competence at the end of the qualification.

- Formative (continuous) assessment

In this qualification, formative assessment aims at the preparation of learners for writing an examination in each module and for writing a quality dissertation. Formative assessment includes class discussions, seminars, individual assignments, and the writing of the dissertation. Analysis of assignment and examination results and questions and other forms of feedback are an integral and critical part of the assessment.

Regular meetings between the learners and their study leaders take place to discuss the preparations for and drafting of the research dissertation. Study leaders assess learners continuously and, equally important, guide them through the process.

- Summative (final) assessment practices

Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done using

Examinations at the end of each module and in the dissertation, where learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a more in-depth, high-level understanding of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the issue and from the scholarly writing thereon. The purpose is to demonstrate a reflective and academic understanding of education law and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment, the modular examinations and the final dissertation are submitted to and are examined by not less than two examiners. The qualification is obtained if the learner obtains a mark of at least 50% in each of the required numbers of modular examinations and the dissertation.

As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader.