Legal principles for educators: An investigation into the implications of education law principles for educators in independent schools in Queensland

Legal principles for educators: An investigation into the implications of education law principles for educators in independent schools in Queensland

There has been a widely held view for some time that school teachers and principals need to possess a level of knowledge and understanding of the legal regulation of schools and that of its workers. This study explores the level of understanding of legal matters pertaining to the school environment that independent school teachers hold in Queensland. This level of ‘legal literacy’ is investigated in a qualitative research study with ‘Creative Works’ that aims to explain the various areas of education law that are known and those that are less understood by such educators. Additionally, a framework that explores the various dimensions of the construct legal literacy is conceptualised. Data was collected using an online survey instrument that utilised, amongst a variety of question types, scenario questions to determine understanding. These scenario questions were largely based on actual court decisions or legislative provisions from state and Commonwealth statute law that regulate school activities. Data was then analysed using content analysis methodology, using a coding scale that was created specifically for the purposes of coding the participants’ scenario responses. The creative work that emanated from the study was the creation of a textbook on education law for Australian teachers, pre-service teachers and school leaders: Law and ethics for Australian teachers (published by Cambridge University Press) of which the researcher was the lead author. Overall, it was discovered that the level of legal literacy held by Queensland independent school teachers was low. The data collected as part of this study informed the writing of the textbook including pertinent decisions regarding content inclusions. The development of the textbook is aimed to help increase this level of legal literacy among educators in Australia.

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