SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION THAT HAS PASSED THE END DATE:

Master of Philosophy: Education Law

SAQA QUAL ID	QUALIFICATION TITLE
49855	Master of Philosophy: Education Law
ORIGINATOR
Rand Afrikaans University
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
Was CHE until Last Date for Achievement			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Master's Degree	Field 05 - Education, Training and Development		Adult Learning
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	240	Level 8 and above	NQF Level 09	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 2663/05	2006-07-01	2009-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2010-06-30		2013-06-30

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.

This qualification is replaced by:

Qual ID	Qualification Title	Pre-2009 NQF Level	NQF Level	Min Credits	Replacement Status
74007	Master of Philosophy in Education	Level 8 and above	NQF Level 09	180	Complete

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose of the qualification:

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 and legal practitioners to further develop legal knowledge and skills appropriate for the education context.

The capacity to do advanced research in Education Law in order to expand or redefine existing knowledge.

Rationale for the qualification:

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 and the significance, implications and relevance of these initiatives have to be studied and analysed from an academic point of view. In addition, the new constitution's emphasis on administrative transparency and accountability also impacts heavily on the administration of education and the legal aspects thereof. People in education and legal practice nationally as well as regionally, need to be provided with the knowledge and skills to understand and function effectively in the new environment. It is essential that courses be developed at higher education level and the discipline of Education Law be promoted for these purposes. This qualification is thus aimed at educational managers as well as legal practitioners who require knowledge and skills in respect of Education Law.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Apart from the formal requirements related to the access to the qualification, learners who register for entry into the LLM degree in Cyber Law on NQF level 8 should:

Have a specialised knowledge of law.

Be able to do complex, variable and highly specialised research across a major discipline.

Have the information processing, analysis and presentation as well as problem-solving skills required on exit level of NQF level 7.

Take complete responsibility for planning, resourcing and managing processes.

Be accountable for determining, achieving and evaluating personal and/or group output.

Recognition of Prior Learning:

Recognition of prior learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the University concerning the recognition of other forms of formal, informal and non-formal learning and experience. Recognition takes place only where prior learning 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 University.

Access to the qualification:

Access to the MPhil degree in Education Law pegged on NQF level 8 can be gained through an LLB or BEd (Hons) degree pegged on NQF level 7 or alternatively a BA Law/ BCom Law plus an LLB degree with a level of competency on NQF level 7.

Access to the qualification may also be gained through RPL, please refer to Recognition of Prior Learning.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

Master of Philosophy by Course Work in Education Law - MPhil in Education Law

Core Module/ subject:

1. Introduction and Legal Organisation of Schools

45 credits at NQF level 8

2. Rights of Learners, Parents and Educators, and Codes of Conduct and Discipline

45 credits at NQF level 8

3. Education Legislation and Human Rights and Education

45 credits at NQF level 8

4. Labour Law/ Relations in Education and Private Education

45 credits at NQF level 8

5. Dissertation

60 credits at NQF level 8

Total Credits: 240 credits at NQF level 8

EXIT LEVEL OUTCOMES

1. Problem-solving skills

Identify, analyse and solve legal problems within the education context using relevant legal concepts, principles and source of law.

Select and apply problem-solving strategies to everyday educational-legal problems and assess the application of the proposed solutions in different educational situations.

2. Teamship

Collaborate, consult and work effectively as a member of a team within various professional contexts.

Work in teams to solve problems and settle disputes.

3. Self-responsibilty skills

Analyse, understand and apply legal knowledge in order to understand one's own legal position, rights and responsibilities within the education law context.

Perform tasks and duties diligently, competently and with commitment by critically reflecting on and assessing one's own professional performance and conduct on an ongoing basis.

4. Research skills

Collect, record, organise and assess relevant legal information on legal issues in education.

Conduct independent research on education law issues, using appropriate research theory and methods.

5. Communication skills

Engage in open, constructive dialogue on legal issues in education.

Communicate effective verbally and in writing in different education contexts.

6. Technological and environmental literacy

Use appropriate technology to access, process and record data.

7. Developing macrovision

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.

8. Learning skills

Critically reflect on and assess one's own performance and take steps to improve the quality of one's performance.

9. Citizenship

Develop and nurture values and principles that will promote civic responsibility and accountability towards oneself, one's profession and others.

10. Cultural and aesthetic understanding

Promote the principles of cultural diversity, non-racism, non-sexism, equity and equality within a human rights context.

11. Employment seeking skills

Develop and acquire new knowledge, skills and attitudes that will enhance his/her professional development and equip him/her for new and challenging career opportunities and social mobility within the field of educational management and education law.

12. Entrepreneurship

Develop and assess entrepreneurial opportunities and skills for self and those of others.

ASSOCIATED ASSESSMENT CRITERIA

Learners analyse and discuss legal information. They identify and analyse education law related problems and apply legal principles and concepts to a specific problem.

2.

Learners describe procedures for teams to follow to solve problems and settle disputes.

They participate in group discussions and presentations.

3.

Learners demonstrate that they can organize and manage their own work by taking took responsibility for submitting work on time, presenting work in a professional manner, participating in face-to-face and online discussions and maintaining a high quality of work.

4.

Learners identify, interpret and apply relevant sources of law to practical situations.

They show that they are able to synthesis and integrate legal literature into coherent arguments.

They analyse and apply education policy to practical situations.

5.

Learners produce written assignments of a high quality in terms of structure, content and language.

Learners demonstrate the ability to argue and defend a position on critical legal questions and issues.

They use legal concepts, principles and theory correctly in written and oral tasks.

6.

Learners use technology to obtain information and to complete assignment and to gain access to legal courses and policy.

Learners participate in on-line discussions on legal questions relating to education.

7.

Learners demonstrate in their written and oral work an understanding of macro policy issues and debates and the ability to engage in logical and critical debate and legal argument on these issues.

8.

Learners successfully complete various self-assessment tasks that demonstrate the learner's ability to reflect on, assess and monitor his/her own work and progress.

9.

Learners demonstrate in their work and discussions that they have an understanding of civic structures within the context of education and education law, and are able to debate issues relating to rights, responsibilities, power and authority.

10.

Learners demonstrate a cultural sensitivity in one's writing. They apply relevant human rights literature to specific legal issues dealing with cultural diversity (e.g. the right to religious freedom).

Learners also show sensitivity to the culture of others in their group and the diversity of the context in which they work.

11.

Learners are equipped with the knowledge, skills and values that will enable them to seek employment and improve their marketability in the workplace.

Learners use their skills and knowledge to identify entrepreneurial opportunities and skills for self and those of others.

Integrated assessment:

Because assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Both formative and summative assessment processes are accounted for to monitor progress during the programme and to determine competence at the end of the programme.

Formative (continuous) assessment practices that will be implemented

> Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particularly, 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 is conducted by class discussions, seminars, individual assignments, and the writing of the dissertation. Discussion of assignment and examination results and questions and other forms of feedback are an integral and critical part of assessment.

> Regular meetings between the learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation are discussed. 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 by means of:

> 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 deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly 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 number 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.

INTERNATIONAL COMPARABILITY

No comparason could be made. No LLM programmes specialsing in Education Law could be found internationally, Keele University, UK offers one post-graduate module on Education Law as part of a programme in Child Law.

ARTICULATION OPTIONS

Learners may exit the MPhil en Education Law programme in mid-stream to any programme offered at NQF level 8 in the educational management field or any education/legal studies related field, such as LLM or M Ed programmes, depending on the rules of access of that programme.

After successful completion of this qualification the learner can gain access to either one of an LLD, D Phil or D Ed degree, subject to the applicability of the field of study and other admission requirements. The MPhil in Education Law degree enables a learner to qualify for doctoral studies, nationally and internationally.

MODERATION OPTIONS

External lecturers and examiners will be appointed by the course coordinators. The external appointees will be appointed on the basis of their particular legal and/or educational expertise. Their primary tasks will include the evaluation of study material, moderation of examination papers and assignments and presentation of certain lectures, in order to ensure a high academic standard.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

All internal and external assessors (moderators and examiners) will be required to:

Have an appropriate law qualification and/or equivalent or relevant practical experience in the relevant branch of law.

Have the ability to assess learners at this level.

Be nominated by the Faculty of Law for this purpose and registered with the appropriate ETQA, requiring them to comply with the other criteria imposed by the relevant SGB.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006.

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

When qualifications are replaced, some of their learning programmes are moved to being recorded against the replacement qualifications. If a learning programme appears to be missing from here, please check the replacement.

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PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.

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