2017-03-30 Update: Education funding – Global Legal Monitor

France: New Legal Protections for Children (Apr. 1, 2016) On March 14, 2016, the French government promulgated a¬†new law¬†on child¬†protection. (Loi no. 2016-297 du 14 mars 2016 relative a la protection de l'enfant (1) [Law No. 2016-297 of March 14, 2016, Regarding the Protection of the Child], LEGIFRANCE.)¬†It amends¬†existing French legislation with the overall goal of increasing protection for children, especially children who are in situations that make them particularly vulnerable. ¬†(Promulgation de la loi sur la protection de l'enfant [Promulgation of the Law on the Protection of the Child], LIB√âRATION (Mar. 15, 2016).) Education Subsidy One of the most noteworthy provisions of the Law concerns the payment of the back-to-school subsidy that the government pays to low-income families with children. (L'allocation de rentr√©e scolaire¬†[The Back-to-School Subsidy], Allocations Familiales [Government Agency for Family Subsidies] (last visited Mar. 24, 2016).) The payment of this subsidy was previously contingent on the income of a child's parents, even when the child was under the care of protective services. ¬†(Promulgation de la loi sur la protection de l'enfant, supra.)¬† Under the new Law, minors under the care of child protective services will receive this subsidy regardless of their parents' income. ¬†(Loi no. 2016-297 du 14 mars 2016 relative a la protection de l'enfant, ¬†art. 19.)¬† The Law provides that this subsidy will be paid into a special government savings account until the minor reaches the age of majority or legal emancipation, so that the sum is available to him/her at the start of adult life. ¬†(Id.) Ad Hoc Administrator Another significant innovation is the requirement that, when a minor is placed under the protection of child protection services, a court must appoint an ad hoc administrator to represent the minor's interests. ¬†(Id. art. 37.)¬† This ad hoc administrator must be distinct from the person or institution in whose care the minor was placed. ¬†(Id.) Expansion of Incest Definition The Law …

Russia: Religious Orthodox Classes Will Be Taught in Public School Buildings (Nov. 26, 2014) On November 24, 2014, the Russian daily newspaper Kommersant reported that according to Moscow City Council Member and Chair of the Moscow City Board of Education Nina Minko, the Russian Orthodox Church has been granted the right to use public school buildings when classes are out, without paying rent. (Aleksandr Chernykh & Pavel Korobov, Priests Will Stay in School After Classes, KOMMERSANT (Nov. 24, 2014) (in Russian.) Minko stated that the Moscow Diocese of the Russian Orthodox Church petitioned the City Council to allow the Church to conduct religious educational activities in public schools. Even though public education in Russia is secular, and religion is separated from the state under the Russian Constitution, the City Council believes that this decision will not violate the law. According to Minko, the final decision will be made by each school independently; however, the City Council recommends that schools share their buildings with the Church. (Id.) At present there are about 300 religious Sunday schools in Moscow that operate in church buildings. It is believed that religious classes will attract more students if taught in regular schools instead of churches, and the Orthodox Church may assist schools in celebrating major Orthodox religious holidays. (Id.) The idea of providing school facilities rent-free to a nongovernmental organization was opposed by the teachers' union, which views the opportunity to lease school space commercially as a way to improve the financing of public schools. (Id.) Reportedly, the head of the Russian Muslim community expressed interest in the free rental idea and said that this issue should be resolved on the basis of equal treatment. (Moscow Authorities Permitted Russian Orthodox Church to Lease Schools for Free, NOVAYA GAZETA (Nov. 24, 2014) (in Russian).) …

Brazil: National Education Plan Approved
(June 9, 2014) On June 3, 2014, the Brazilian Chamber of Deputies voted on and approved a National Education Plan, which will gradually increase the amount of resources invested in education until it reaches 10% of the country's Gross National Product. (Luciano Nascimento, Câmara Conclui Votação do PNE e Texto Segue à Sanção Presidencial , AGÊNCIA BRASIL (June 3, 2014).)

According to the Plan, in the next ten years 20 goals will have to be met, including eradication of illiteracy; increase in the number of spaces available in childcare facilities, high schools, professional education entities, and public universities; universalization of school care for children between four and five years old; and the availability of full-time schooling for at least 25% of middle-school students. (Id.)

After the Plan is signed by Brazilian President Dilma Roussef, states and municipalities will have one year to develop their own education plans, which must be based on this approved national plan. (Id.)

Italy: Urgent Measures Concerning Education, Higher Education, and Research (Nov. 29, 2013) Italy adopted a Decree-Law in September 2013 containing emergency measures designed to bolster classroom instruction, higher education, and research activities throughout the country. (Decreto-Legge 12 settembre 2013, n. 104 [Decree-Law No. 104, September 12, 2013] (effective the same day),NORMATTIVA, as amended and updated by Legge 8 novembre 2013, n. 128 [Law No. 128, November 8, 2013] (in force on Nov. 12, 2013), NORMATTIVA.) The overall purpose of this legislation is to meet the urgent need to effectively implement the constitutional rights of all Italians to education in an environment where merit is recognized and students are financially supported and academically stimulated. (Decreto-Legge 12 settembre 2013, Preamble.) To that effect, the legislation allocates ‚Ǩ15 million (about US$11 million) for students enrolled in primary and secondary education institutions during the 2014 academic year (id. art. 1) and adds ‚Ǩ100 million (about US$135.9 million) to the Integrated State Fund for the Granting of Scholarships. (Id. art. 2(1) [to view, click on 2 in left column, under The legislation provides financial incentives for the promotion of artistic, musical, and choral skills among Italian students. (Id. art. 3 [to view, click on 3 in left column].) Also included are measures aimed at fostering the health of students, such as a ban on electronic cigarettes in closed areas of educational facilities (id. art. 4(2) [to view, click on 4 in left column]), and restrictions on the digital, television, and radio broadcasting of advertisements for electronic cigarettes aimed at students. (Id. art. 4(5-sexies)(10-quinquies).) The law charges the Ministry of Agricultural, Food, and Forestry Policies with creating a national Food Educational Program that would discourage the use of high levels of fat, trans-oils, sweeteners, nitrates, and caffeine, among other additives in food served to students. (Id. art. 4(5-bis).) Furthermore, the legislatio …


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