Legalisation of education: implications for principals’ professional knowledge

Abstract

In recent years there has been a significant increase in the involvement of Australian schools with various aspects of the law and this has led to a number of claims that education has become legalised. A major consequence of this development is the need for principals to have a level of legal literacy sufficient to identify when a legal problem is developing in their school. Moreover, given the increased involvement of schools with the law, there would seem to be a need for principals to introduce preventive legal risk management strategies into school policies and practices. However, to implement such programmes, principals require a sound knowledge of those aspects of the law that they are required to manage. A recent study of some 300 principals from government schools in Queensland raises serious questions, however, regarding the level of principals’ professional knowledge of the law. This paper examines the concept of the legalisation of education and the extent to which school principals’ professional knowledge is adequate to meet the demands the law is making of them.