Abstract
Discretion is described as a hallmark of professional work. Professional discretion rests on trust in the ability of certain occupational groups to make sound decisions ‘on behalf’ of societal authorities. It has been suggested that in Europe, managerialist-influenced policies with increased focus on control and accountability have placed pressure on professional discretion. Although earlier studies have demonstrated tensions between external and internal accountability, they have not highlighted how legal forms of authority are key aspects in the regulation of education, or how professionals handle legal standards in their practices. The purpose of this study is to understand the interplay between legal standards and professional discretion. An organisational-routines perspective is used to examine this interplay. Empirically, the students’ legal rights to a good psychosocial environment are used as a case. Based on interviews with principals, deputies and teachers in Norwegian schools, the paper examines how legal norms are translated into social practices, and how practitioners construct and legitimise their work. The study shows how preventive and remedial measures are prevalent in Norwegian schools. When laws and regulations require specific procedures, they are transformed into routines based on the schools’ iterative practices. The study adds an empirical analysis to current understandings of juridification in education.
Highlights
International studies on changes in teacher professionalism have indicated increased external pressure from national and local governments (Evetts, 2009; Grace, 2014; Ozga, 2000; Sachs, 2001)
Changes in the framing of professionalism have been linked to changes in managerialist-influenced policies, such as new public management (NPM), which have attempted to restructure the provision of education during the last few decades
We present our findings under headings cited from the Norwegian Education Act
Summary
International studies on changes in teacher professionalism have indicated increased external pressure from national and local governments (Evetts, 2009; Grace, 2014; Ozga, 2000; Sachs, 2001). Changes in the framing of professionalism have been linked to changes in managerialist-influenced policies, such as new public management (NPM), which have attempted to restructure the provision of education during the last few decades. Coburn, 2004; Lundström, 2015; Spillane et al, 2011) and demonstrated tensions between external and internal accountability, they have not highlighted how rational–legal forms of authority are key aspects in the regulation of education, or how professionals handle legal standards in their practices. This paper aims to understand the interplay between legal standards and professional discretion in schools. Norwegian students’ rights to a psychosocial environment conducive to health, well-being and learning (as articulated in Chapter 9a in the Norwegian Education Act) are used as the basis for a case study that explicitly addresses the requirements and standards set forth in laws and regulations
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