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THE IMPACT OF EDUCATIONAL LAW ON THE

EVERYDAY PRACTICE OF EDUCATORS

Jerome G. Delaney, Ph.D.Faculty of Education

Memorial University of Newfoundland

A Presentation to the Canadian Association for the Practical Study of Law in Education (CAPSLE) Annual

Conference, Halifax, NSApril 20-22, 2008

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THIS STUDY

Qualitative Survey Qualitative Survey Participants: 5 Classes of Education 4420 (Legal & Participants: 5 Classes of Education 4420 (Legal &

Moral Issues in Education) and 5 Classes of Moral Issues in Education) and 5 Classes of Education 6335 (The Legal Foundations of Education 6335 (The Legal Foundations of Educational Administration)Educational Administration)

PRIMARY RESEARCH QUESTION: What are the PRIMARY RESEARCH QUESTION: What are the positive/negative impacts, if any, Educational Law positive/negative impacts, if any, Educational Law has had on the everyday practice of students (now has had on the everyday practice of students (now teachers) who have taken these courses?teachers) who have taken these courses?

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THE LITERATURE

Appears to be a void in the literature with Appears to be a void in the literature with respect to the impacts/influences Educational respect to the impacts/influences Educational Law has had on the everyday practice of Law has had on the everyday practice of educators. educators.

The U. S. literature: pre-occupied with legal The U. S. literature: pre-occupied with legal litigation.litigation.

The Canadian literature: pre-occupied with The Canadian literature: pre-occupied with the legal literacy of school administrators. the legal literacy of school administrators.

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Wagner (2008) Re Legal Litigation:

It can be argued that public school litigation has had an It can be argued that public school litigation has had an important impact upon education. In the previous century, important impact upon education. In the previous century, lawsuits were influential in ending segregation, protecting the lawsuits were influential in ending segregation, protecting the First Amendment rights of all students, and expanding the First Amendment rights of all students, and expanding the public education opportunities for children with disabilities. public education opportunities for children with disabilities. Presently, there are lawsuits seeking to change schools (e. Presently, there are lawsuits seeking to change schools (e. g., school funding challenges, school choice, and the No g., school funding challenges, school choice, and the No Child Left Behind Act). While it can be argued that education Child Left Behind Act). While it can be argued that education lawsuits have had an important impact on education, others lawsuits have had an important impact on education, others argue that there are too many school lawsuits and that argue that there are too many school lawsuits and that matters could be resolved in other nonlitigious ways. (p. 2) matters could be resolved in other nonlitigious ways. (p. 2)

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Findlay (2007) Re Legal Literacy:

The data suggest that principals, based on their The data suggest that principals, based on their median score, may not be the best source of legal median score, may not be the best source of legal information for their vice-principals or their staffs” information for their vice-principals or their staffs” (p. 197). (p. 197).

If administrators’ legal decisions are not based on If administrators’ legal decisions are not based on accurate knowledge, it would appear that even those accurate knowledge, it would appear that even those with extensive experience are at risk of encountering with extensive experience are at risk of encountering legal difficulties. The tendency of school legal difficulties. The tendency of school administrators to make decisions based on administrators to make decisions based on experience or intuition could lead them into legal experience or intuition could lead them into legal difficulty. (p. 197) difficulty. (p. 197)

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THE STUDY’S RESEARCH QUESTIONS

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1.1. As a result of your having done a course in As a result of your having done a course in Educational Law in your university studies, have Educational Law in your university studies, have there been any positive impacts/influences on your there been any positive impacts/influences on your everyday work as an educator? Please list any of everyday work as an educator? Please list any of those impacts/influences and any practical examples those impacts/influences and any practical examples that you might recall. that you might recall.

2.2. As a result of your having done a course in As a result of your having done a course in Educational Law in your university studies, have Educational Law in your university studies, have there been any negative impacts/influences on your there been any negative impacts/influences on your everyday work as an educator? Please list any of everyday work as an educator? Please list any of those impacts/influences and any practical examples those impacts/influences and any practical examples that you might recall. that you might recall.

Primary Questions

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1.1. Do you think a course in Educational Law should be a Do you think a course in Educational Law should be a compulsory course in every Bachelor of Education compulsory course in every Bachelor of Education course in Canada? Please elaborate.course in Canada? Please elaborate.

2.2. Do you think a course in Educational Law should be a Do you think a course in Educational Law should be a compulsory course in a Master of Education program compulsory course in a Master of Education program in Educational Leadership/Educational Administration in Educational Leadership/Educational Administration in every university across Canada? Please elaborate.in every university across Canada? Please elaborate.

3.3. Please list any additional comments/points you would Please list any additional comments/points you would like to make re the usefulness or lack of usefulness of like to make re the usefulness or lack of usefulness of a course in Educational Law in a Bachelor of a course in Educational Law in a Bachelor of Education program?Education program?

Secondary Questions

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Emergent ThemesPrimary Research Question # 1:Primary Research Question # 1:

1.1. The heightening of awareness, understanding and The heightening of awareness, understanding and sensitivity with respect to the various legal issues sensitivity with respect to the various legal issues confronted by educators in today’s schools; confronted by educators in today’s schools;

2.2. The facilitation of sound and responsible decision making The facilitation of sound and responsible decision making when dealing with various legal issues in schools;when dealing with various legal issues in schools;

3.3. The fostering of a certain degree of professionalism and The fostering of a certain degree of professionalism and collegiality; and lastly, collegiality; and lastly,

4. The raising of teachers’ self-confidence levels. 4. The raising of teachers’ self-confidence levels.

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Primary Research Question # 2:Primary Research Question # 2:

1. The potential for paranoia.

2. The potential to impede teacher risk taking and creativity.

3. The potential to increase teachers’ stress levels.

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Participant Commentary The Positive

Heightening of Awareness, Understanding and SensitivityHeightening of Awareness, Understanding and Sensitivity

Mary, currently a first year teacher in a Kindergarten to GradeMary, currently a first year teacher in a Kindergarten to Grade9 school, commented that “I am more conscious of my own9 school, commented that “I am more conscious of my ownrights as a teacher as well as the fact that I am more consciousrights as a teacher as well as the fact that I am more consciousof my own actions. An example was a student asked me for aof my own actions. An example was a student asked me for aride home; the humanitarian in me wanted to say yes, just hop in,ride home; the humanitarian in me wanted to say yes, just hop in,no problem. If I had not done the Educational Law course, Ino problem. If I had not done the Educational Law course, Iwould have done just that. Since doing that course, I knew that Iwould have done just that. Since doing that course, I knew that Icould not give this student a ride without going through the propercould not give this student a ride without going through the propersteps. Basically, it saved me from future and unnecessarysteps. Basically, it saved me from future and unnecessarytrouble”. trouble”.

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Facilitation of Sound and Responsible Decision MakingFacilitation of Sound and Responsible Decision Making

Gloria, teaching in a large senior high school, stated that “TheGloria, teaching in a large senior high school, stated that “Thecourses that I have completed in Educational Law have helped mecourses that I have completed in Educational Law have helped mein so many different ways. As a new teacher, there are manyin so many different ways. As a new teacher, there are manythings that you wish someone would tell you and Educational Lawthings that you wish someone would tell you and Educational Lawhas done exactly that. For example, when a student “hit” on me inhas done exactly that. For example, when a student “hit” on me inthe hallways and tried to spread around rumors that we werethe hallways and tried to spread around rumors that we weredating, I immediately remembered the many case studies that wedating, I immediately remembered the many case studies that wehad discussed in class. I was afraid that my job would be on thehad discussed in class. I was afraid that my job would be on theline and I wanted the matter cleared up immediately. I wrote up theline and I wanted the matter cleared up immediately. I wrote up theincident and I reported to the administration. I then insisted thatincident and I reported to the administration. I then insisted that““Joe” make an apology to me and in front of the principal as well”. Joe” make an apology to me and in front of the principal as well”.

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The Fostering of Professionalism and CollegialityThe Fostering of Professionalism and Collegiality

Monica, an elementary teacher, states that the Monica, an elementary teacher, states that the course in Educational Law provided her with a course in Educational Law provided her with a awareness of professional boundaries with parents awareness of professional boundaries with parents and caregivers. Specifically, she referred to her and caregivers. Specifically, she referred to her being able “to maintain a professional and calm being able “to maintain a professional and calm nature when addressing sensitive issues with nature when addressing sensitive issues with parents”.parents”.

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The Raising of Teachers’ Self-Confidence Levels

Philip is a junior high teacher in a northern school. He offers this perspective on having done a course in Educational Law: “It's been very helpful for me as an educator in a Northern school, I am teaching junior high and it has been beyond anything I could have possibly imagined. It has been very helpful to know the law and the ins and outs of the Collective Agreement. I have been in constant meetings with parents, students, and principals because of discipline problems and it has been very helpful to know my rights”.

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The Potential for ParanoiaThe Potential for Paranoia

Junior high teacher Sally commented that the onlyJunior high teacher Sally commented that the onlynegative thing she found about doing the Educationalnegative thing she found about doing the EducationalLaw was that it “makes you more cautious andLaw was that it “makes you more cautious andsometimes I think this could lead to paranoia. I thinksometimes I think this could lead to paranoia. I thinkthat a classroom has to be made as comfortable asthat a classroom has to be made as comfortable aspossible for the teacher and the students and knowingpossible for the teacher and the students and knowingtoo much information could hinder this from happening”.too much information could hinder this from happening”.

Participant Commentary The Negative

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The Potential To Impede Teacher Risk Taking and CreativityThe Potential To Impede Teacher Risk Taking and Creativity

Senior high teacher Denise offered this point of view: Senior high teacher Denise offered this point of view: “I was recently asked to take part in a downhill skiing and I “I was recently asked to take part in a downhill skiing and I immediately remembered the many legal issues we immediately remembered the many legal issues we discussed in our classes. I realized that I would be taking discussed in our classes. I realized that I would be taking on a huge responsibility, especially with a lot of the on a huge responsibility, especially with a lot of the rougher kids signed up for the trip. Because of the rougher kids signed up for the trip. Because of the possible implications/accidents that may have occurred, I possible implications/accidents that may have occurred, I decided to turn the opportunity down. Instead, I opted for decided to turn the opportunity down. Instead, I opted for bowling, which seemed a lot safer for both me and the bowling, which seemed a lot safer for both me and the kids. I guess if I had not taken the course, then I may have kids. I guess if I had not taken the course, then I may have gone. But I do believe I can make more informed gone. But I do believe I can make more informed decisions now and that would be considered a positive decisions now and that would be considered a positive thing on my part.thing on my part.

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The Potential for Heightened Teacher Stress LevelsThe Potential for Heightened Teacher Stress Levels

Tim is a teacher in a Kindergarten to Grade 12 Tim is a teacher in a Kindergarten to Grade 12 school and he pointed out that “sometimes hearing school and he pointed out that “sometimes hearing about scary legal situations forces you to over think about scary legal situations forces you to over think or be overly nervous”. or be overly nervous”.

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1.1.Do you think a course in Educational Do you think a course in Educational Law should be a compulsory course in Law should be a compulsory course in every Bachelor of Education course in every Bachelor of Education course in Canada? Please elaborate.Canada? Please elaborate.

Secondary Questions

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Sample Response

““I think it is I think it is very very important to have an important to have an Educational Law course as a compulsory Educational Law course as a compulsory component in every B.Ed. program. Sending component in every B.Ed. program. Sending teachers into the classroom without teachers into the classroom without understanding all the laws which they must understanding all the laws which they must obey, as well as the laws that are in place to obey, as well as the laws that are in place to protect them, would be a huge risk.”protect them, would be a huge risk.”

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2.2. Do you think a course in Education Do you think a course in Education Law should be a compulsory Law should be a compulsory

course course in a Master of Education in a Master of Education program in program in Educational Educational Leadership/Educational Leadership/Educational Administration Administration in every university in every university across Canada? across Canada? Please elaborate.Please elaborate.

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Sample Response

““It is also important for teachers who will move forward It is also important for teachers who will move forward in their career to become principals and vice-principals in their career to become principals and vice-principals to have an in-depth understanding of the laws that to have an in-depth understanding of the laws that govern teachers and their profession. Oftentimes, govern teachers and their profession. Oftentimes, teachers might have questions for their school leaders teachers might have questions for their school leaders regarding an issue. It would be good for these leaders regarding an issue. It would be good for these leaders to have an answer for them and not have to to have an answer for them and not have to immediately hand the question off to someone else.”immediately hand the question off to someone else.”

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3.3. Please list any additional Please list any additional comments/points you would like to comments/points you would like to make re the usefulness or lack of make re the usefulness or lack of usefulness of a course in Educational usefulness of a course in Educational Law in a Bachelor of Education Law in a Bachelor of Education program?program?

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Sample Response““I think that legal issues are one of the most, if not the most important topic that should be covered in the Education program. There is a lot of great terminology and concepts to become familiar with before going out into the teaching profession.

As a teacher you are dealing with a vast number of people everyday (co-workers, administration, students, parents as well as community organizations), thus it is very important to have some stable grounds before entering the field. I think that many of the situations that have arisen in the past have been largely due to the fact that they were unknowledgeable in the area.

I have all the documents and notes of this course in particular kept in a handy location and know that if anything comes up that I am unsure of, I will refer to the notes. If I cannot find an answer within the notes, I will use one of the useful contacts/organizations that we were given…. Somehow, by doing that course I can surely find results.

I think that it is better to be over cautious then under cautious.”

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CONCLUSIONS

1.1. The formal study of Educational Law, either at the The formal study of Educational Law, either at the undergraduate or at the graduate level, does serve to undergraduate or at the graduate level, does serve to heighten an awareness and understanding of and a sensitivity heighten an awareness and understanding of and a sensitivity to the various legal issues permeating today’s school to the various legal issues permeating today’s school systems.systems.

2. The formal study of Educational Law does facilitate sound, reasonable and informed decision making in school matters.

3.3. The formal study of Educational Law does foster The formal study of Educational Law does foster professionalism and collegiality.professionalism and collegiality.

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4.4. As a result of having studied Educational Law, educators are As a result of having studied Educational Law, educators are much better informed and consequently, are more self-confident much better informed and consequently, are more self-confident as they go about their daily practice.as they go about their daily practice.

5. As a result of having studied Educational Law, the potential for 5. As a result of having studied Educational Law, the potential for paranoia is one that educators need to be cognizant of and paranoia is one that educators need to be cognizant of and attentive to as they go about their daily work. attentive to as they go about their daily work.

6.6. As a result of having studied Educational Law, teachers may be As a result of having studied Educational Law, teachers may be less inclined to take risks and to be creative in their teaching.less inclined to take risks and to be creative in their teaching.

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7.7. As a result of having studied Educational Law, there is a As a result of having studied Educational Law, there is a potential for heightened teacher stress levels.potential for heightened teacher stress levels.

8.8. A course in Educational Law is a highly valuable component in A course in Educational Law is a highly valuable component in any Bachelor of Education program and should be compulsory any Bachelor of Education program and should be compulsory for all students.for all students.

9. 9. A course in Educational Law is a highly valuable component in A course in Educational Law is a highly valuable component in any Master of Education program in Educational Leadership / any Master of Education program in Educational Leadership / Educational Administration and should be a required course in Educational Administration and should be a required course in that program. that program.

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Educational Law: Friend or Foe?

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ACKNOWLEDGEMENTS

A sincere thank you to the former students of Education 4420 and

Education 6335 who have participated in this study.

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For follow-up, please contact: For follow-up, please contact:

Jerome Delaney Jerome Delaney

Tel: 709-737-2071Tel: 709-737-2071

jjdelaney@mun.cadelaney@mun.ca

Thank you for attending this presentation. Thank you for attending this presentation.