Sentences with phrase «applications under the charter»

«If the demand is without grounds, they can bring an application under the Charter that it was unreasonable search and seizure... That could result in breath samples being excluded.»

Meeting the case for the Crown includes applications under the Charter of Rights.

Not exact matches

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

The State submits an application to the Secretary - General and a letter formally stating that it accepts the obligations under the Charter.

Bloomberg heaped praise on UFT President Mike Mulgrew, whose union is under fire from charter school advocates who believe it blocked efforts to raise the cap in Albany in advance of the state's «Race to the Top» application (which failed).

He alleged in his application that Ghana did not respect the terms of the agreement that governed the financial engineering role he played in the transaction, and as such his rights and freedoms recognized under the ACHPR Charter had been violated.

Using new powers granted under a trailblazing state law that took effect last July, the Pennsylvania Department of Education has rejected all five of its first batch of applications for new «cyber» charter schools.

An existing grantee that wishes to use, or allow charter schools receiving CSP funds to use, weighted lotteries under the circumstances in E-3 must seek approval from the Department to do so by amending its grant application.

«Imagine a governor of a state that has fairly severe caps on charter expansion and a need to get in an application under Race to the Top.

The contract is an essential document, separate from the charter application, that establishes the legally binding agreement and terms under which the school will operate and be held accountable.

The superintendent of the local school district, which oversees the charter school, at first said he was «100 percent confident» the application was permissible under state law.

Several well - regarded charter groups are eager to submit applications under those rules.

Under I - 1240, conversion charters could happen in Washington, if a majority of teachers or parents at an existing public school sign a petition to initiate an application for charter status.

As a result, two schools had their charter renewal applications denied but are operating under a court injunction, while a third campus will close at the end of the school year.

We visited the websites of each listed charter school and examined all available enrollment instructions and documents, which some listed under «admissions» or «application.»

That's a good point, but college - going rates are not under school control and can not be explained by the application of different standards in charter and traditional public schools.

All charter school grant applications are posted on the Georgia Department of Education's website on the Charter Schools Divisions homepage under «Grant Applicaticharter school grant applications are posted on the Georgia Department of Education's website on the Charter Schools Divisions homepage under «Grant Applapplications are posted on the Georgia Department of Education's website on the Charter Schools Divisions homepage under «Grant ApplicatiCharter Schools Divisions homepage under «Grant ApplicationsApplications ``.

The application can be found on the Charter Schools Division website under «Charter School Grant Programs.»

It may be an exercise in futility, but the operators of a charter school in California plan to file an application next week to open a school in Federal Way under Washington's suspended charter school law.

Lobbyists for these groups are currently involved with a dispute in Palm Beach County over what many feel are predatory charter school applications which offer no new innovations, yet serve to drain highly rated district schools of students making both schools under - populated.

Under R - 55, charter public schools will be voted on by local school boards who are required to hold public hearings to review applications.

Local school boards account for 173 of 175 potential charter school authorizers in Kentucky and are required under KRS 160.1594 to, among other tasks, «solicit, invite, and evaluate applications from applicants.»

This past December, seven charter schools submitted applications for the opportunity to run the 10 new campuses and three low - performing schools identified under Public School Choice.

Mastery is also expected to file an application to open schools in Camden under the state's Urban Hope Act, a new law that defines a different kind of charter school, one that operates within the confines of the district but is also eligible for greater funding.

also put forth an application under a different non-profit, N.C. Virtual Academy, to open a virtual charter school in the fall of 2015 (that application did not make it past the first round of reviews, but another virtual charter school application did — one affiliated with education assessment giant Pearson).

Nine applications are currently under review by the Texas Education Agency (TEA) to become new Texas charter schools in the Generation 23 authorization cycle.

Lawyers for the N.C. Justice Center, a statewide anti-poverty advocacy group that the N.C. Policy Watch is a project under, filed an amicus brief to encourage the judge to send the virtual charter school's application back to the state board.

One exception is the Urban Hope bill, submitted on Monday, to extend the application deadline under the 2011 law that permits new hybrid charter schools in Camden, Trenton and Newark.

For a district qualifying under this paragraph whose charter school tuition payments exceed 9 per cent of the school district's net school spending, the board shall only approve an application for the establishment of a commonwealth charter school if an applicant, or a provider with which an applicant proposes to contract, has a record of operating at least 1 school or similar program that demonstrates academic success and organizational viability and serves student populations similar to those the proposed school seeks to serve, from the following categories of students, those: (i) eligible for free lunch; (ii) eligible for reduced price lunch; (iii) that require special education; (iv) limited English - proficient of similar language proficiency level as measured by the Massachusetts English Proficiency Assessment examination; (v) sub-proficient, which shall mean students who have scored in the «needs improvement», «warning» or «failing» categories on the mathematics or English language arts exams of the Massachusetts Comprehensive Assessment System for 2 of the past 3 years or as defined by the department using a similar measurement; (vi) who are designated as at risk of dropping out of school based on predictors determined by the department; (vii) who have dropped out of school; or (viii) other at - risk students who should be targeted to eliminate achievement gaps among different groups of students.

CDE advises that charter schools wishing to apply for funding under the CSP keep an eye out for the request for application on their web site at: http://www.cde.ca.gov/fg/fo/af/index.aspx.

Not less than 2 of the new commonwealth charters approved by the board in any year shall be granted for charter schools located in districts where overall student performance on the statewide assessment system approved by the board under section 1I of chapter 69 is in the lowest 10 per cent statewide in the 2 years preceding the charter application.

The difference is that magnet schools remain under the authority of the school district governance structure, whereas charter schools are independently operated public schools.40 Finally, local school boards may view charters as competition and may unduly reject applications.

So he called for the prohibition of new charter school applications and for the state attorney general Chris Koster to look into the possibility of requiring all operating charter schools to fall under the auspices of the St. Louis public school system.

Despite this laudable goal, the law raises several red flags under the Charter: it appears overbroad both in its sphere of application (it applies not only to bars, but all licenced premises) and targets for removal (including not only gang members, but persons who support or facilitate gangs, or persons in the company of any of those persons).

Their response will be of interest to defence counsel, who may cause this issue to be re-litigated under the Provincial Offences Act on a Charter application.

The accused brought an application, alleging several violations of his rights under the Charter.

In such a scenario, the authorities would only be able to refuse the visa - application under Article 32 of the Visa Code — thus forcing them to take into account Article 25 of the Visa Code as well as the whole of the Charter, including its Articles 4 and 18.

Unfortunately, since the Court decided against the applicability of the Visa Code in the case of X and X, it was not required to look further into the question of whether Member States» authorities should assess applications made under Article 25 of the Visa Code in the light of Articles 4 and / or 18 of the Charter of Fundamental Rights or any other international obligation by which they are bound.

The case is thus about whether Article 1111 - 3 Code du travail is compatible with the right of workers» to information and consultation under Article 27 Charter of Fundamental Rights as implemented by Directive 2002/14: Should Mr Laboubi and the union be able to rely on EU law in legal proceedings between private parties to exclude the application of the French norm and enforce the right to information and consultation?

Therefore, the Belgian migration authorities were bound by the Charter when deciding on X and X's application for a visa with limited territorial application under Article 25 of the Visa Code, even if this Article grants a margin of discretion to the said authorities.

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

This is not to say that it is probable that the Court will simply rule that because of the applicability of the Charter to visa applications made in accordance with the Visa Code, Member States are under an obligation to issue LTVs to third country nationals who want to come to any EU Member State to file an application for international protection.

Because the application was a challenge to legislation, the HRTO applied the two - step discrimination analysis under s. 15 of the Canadian Charter of Rights and Freedoms, as articulated by the Supreme Court in R. v. Kapp:

The cases also include a selection of complex court applications for remedies under the Charter of Rights involving unreasonable search and seizure, the right to counsel and evidence suppression motions.

21 (1) to (3) and related sections of FIPPA pertaining to the presumption of non-disclosure of «personal information» to Adjudicative Records held by the remaining institutions named in the Notice of Application infringes s. 2 (b) of the Charter and is not justified under s. 1.»

In yet another application of R. v Jordan, on March 17, Justice Peter Wilkie of the Ontario Court of Justice stayed a charge in R. v. Stephenson's Rental Services, saying the right of the defendant to be tried within a reasonable time under s. 11 (b) of the Charter had been breached.

Some examples are: (1) the requirement for filing a Charter Notice in pretrial applications (Dwernychuk notice); (2) notice of a constitutional question under s. 24 (1) of the Judicature Act; (3) notice of an expert witness under s. 657.3 (b) of the Code; and, (4) notice of challenges for cause in jury selection.

The Ontario Superior Court of Justice has announced a new practice direction governing applications requesting a stay of proceedings due to unreasonable delay under s. 11 (b) of the Charter.

The Court of Appeal disagreed with the application judge and unanimously decided that the Regulation does limit Mr. Bracken's rights under s. 2 (b) of the Charter, but nevertheless held those limits were saved under s. 1.