The \u27legalisation\u27 of education : a study of New South Wales teachers and their professional development needs in the area of law

This study is concerned with the legal knowledge held by teachers of New South Wales Government schools and the need for continued professional development in this area. The study commenced in 1997 and primary research concluded in 2000. The Australian experience seems to be mirroring international experiences, particularly those of the United States of America, which have seen an increase in the legalisation of the field of education. From this increase there emerged a need for a systematic programme of instruction to address the problem of a lack of legal knowledge held by teachers in order to adequately perform their professional duties as teachers and protect themselves and their employer from potential legal liabilities. The main purposes of this study were to determine the degree of legal knowledge that teachers in the State of New South Wales possessed, the need for the development of a course of instruction to address the perceived problem of a lack of legal knowledge and to investigate the methods available to address this problem. The study then proceeded to develop and trial a systematic curriculum designed to provide a background for teachers to education and the law. This was a multimethod ethnographic exploratory study that integrated aspects of both quantitative and qualitative research paradigms. An initial focus group interview schedule was developed and then trialled with a group of teachers in order to gauge their experiences and knowledge of the law. This interview schedule was then refined and trialled with a larger sample of teachers drawn from a wide variety of educational backgrounds. From those focus groups there emerged clear evidence that the majority of teachers lacked knowledge of the law as it affected the performance of their professional teaching duties. What legal knowledge teachers did possess was often based on myth or misunderstanding. Therefore there emerged a need to canvas the views of the dominate stakeholders in the field of education to gain their interest/views on developing a course of legal instruction devised to address this problem. Additionally the question of which elements of the law would be necessary in such a course was also addressed. To this end the views of the teachers, their union and their government employer were all engaged. It became clear that there was general support, particularly high amongst the teachers, for the need for such a course of instruction. This study then moved on to develop a course of instruction which could be used at either the pre or post service levels of teacher professional development. The study examined a number of potential models of curriculum and the conclusion was reached that no single model of curriculum could be used to devise a successful and progressive course. Instead the curriculum devised was based upon a hybrid model using elements from the process and dynamic models of curriculum. This curriculum was then trialled with a sample of teachers. At the end of the trial, course participants were asked to complete a brief survey and their comments were reported to show that the majority believed they had engaged in a positively rewarding experience, which made them more aware of how the law was a pervasive influence on their teaching. Overall the findings indicate that there is a definite need for pre service and practising teachers to have a degree of legal knowledge which is provided in a professional manner. There is broad support for such a course of instruction amongst the teaching profession and its dominant union body. Unfortunately there was not the same degree of enthusiasm shown by the government employer. The study concludes with a statement that there needs to be a unilateral effort between the teachers, their union and their employer towards a common goal of instructing teachers about the law if such a course of instruction is to gain credibility and acceptance amongst the members of the teaching profession

Focus groups : the who, what, when, where and why of their value in legal research

Legal research takes place in an environment where there is continual scrutiny over particular methods of research and the data obtained via these methods. Focus groups have established themselves as a credible method of data collection in many diverse areas of research and are a popular qualitative ethnographic method of undertaking research into legal questions/problems. This paper will examine the theory behind focus groups, their strengths and weaknesses and how they can best be utilised to obtain meaningful data when undertaking legal research questions

Cyclical curriculum theory : its place in the development of contemporary law units

Along with assessment, curriculum is one of the most important aspects of education. This article examines the impact that a formal knowledge and understanding of the cyclical model of curriculum can have in the teaching of law units. An examination of the key points of the cyclical model of curriculum as espoused by Wheeler and Nicholls and Nicholls is undertaken. The article concludes with a discussion of the value the cyclical model of curriculum can have on the initial design and relevant changes to existing contemporary law units

Australian school teachers and their experience with the law : what do practising school teachers know about the law and how it impacts them in the performance of their professional duties?

With the increasing legalisation of many professions, including school teaching, the need to possess a certain degree of legal knowledge in order to perform your professional responsibilities has changed. There is now an increased need to possess such knowledge and it is posited that there will be a further increase in this need. School teachers in Australia find themselves in a position where they need to posses a degree of legal knowledge because the world in which they operate has changed significantly. Reasons for this change are varied, but primarily include an increase in litigation and changes to expected social responsibilities. Whilst few may argue that school teachers require the same degree of legal knowledge as a professional accredited legal practitioner, it is submitted that there is an increasing legalisation of the teaching profession meaning that teachers require a significant grasp of both civil and criminal law in order to avoid potential litigation and to fulfill societal expectations of their roles. But what knowledge do school teachers currently possess? This study uses focus groups to assess the legal knowledge held by Australian school teachers in an endeavour to determine the adequacy of this knowledge

Electronic signature, completing e-forms, click wrap and matters of acceptance via online contracts : the past, present and future

As advances in technology facilitate the transition of business and commerce from the paper world to the online world, issues of the legal validity of electronic signatures, completing online contracts, click wrap, browse wrap and acceptance of terms become critical for the survival of business in the 21st century. Electronic transactions completed online must be established with sufficient clarity and certainty for business transactions to be recognised legally and for customers to understand the nature of their consent. This paper examines the historical development of these important mechanisms, their legal status and future directions businesses could take to ensure the legal recognition of their actions and customer satisfaction

The process model of curriculum in the planning and teaching of legal units of study

As one of the more recently developed theoretical models of curriculum, the process model, has had a significant impact on curriculum development. It has changed the way that curriculum development has historically been thought of and planned and has provided a new direction for curriculum planning in the twenty first century. This article examines this model of curriculum in the context of developing and revising law units of study in tertiary institutions

Providing exemplars to students : what impact does this have on the results achieved by students in a law unit of study?

This article reports on a six year longitudinal study designed to investigate whether providing exemplars to students during their course of study has an impact on their results. Over the course of six years in the same law unit of study undertaken at an Australia university, selected groups of students were provided with exemplars whilst others groups were not provided with exemplars. Changes to the results achieved in the final exam were observed and reported between these different groups. The findings of this study indicate very clearly that exemplars have a significant positive impact on the results achieved by students

Adversarial vs inquisitorial legal systems : Rousseau, truth, justice and God

All countries have a legal system of some sort. Whilst not the only nor necessarily the main legal systems in existence, the adversarial and the inquisitorial legal systems have operated across much of the Western world for centuries. Fundamentally, each of these systems, each has at their core the pursuit of truth and the delivery of justice for all. However, the mechanisms they use to achieve these exalted goals are substantially different. In the philosophical context of Rousseau's view of God is the source of ultimate justice, this article discusses how the adversarial and inquisitorial systems view truth and seek to establish justice in the modern world

Using exemplars in a university environment : the good, the bad, and the ugly

Assessment and evaluation of students work in a university environment is increasingly complex, as the overt use of criteria and standards becomes more commonplace in both formative and summative assessment. There is an almost uniform movement towards criteria and standards in regards to assessment as a method of ensuring the integrity of the learning experience. As students seek a better understanding of these criteria and standards in order to maximise their marks, exemplars are being explored as a way of achieving a number of useful outcomes for students, staff, and governing institutions. This paper examines the nature of exemplars and the challenges of developing quality exemplars, it also provides some commentary on their effectiveness in improving student learning outcomes