The Importance of Legal Literacy in Education

Running Head: THE IMPORTANCE OF LEGAL LITERACY IN EDUCATION

The Importance of Legal Literacy in Education

Stephanie C. L. Posocco

A research paper submitted in conformity with the requirements For the degree of Master of Teaching

Department of Curriculum, Teaching and Learning Ontario Institute for Studies in Education of the University of Toronto

Copyright by Stephanie Posocco, April 2016

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Abstract

This qualitative research study discusses educational law and how policy impacts teachers in the province of Ontario. The main question guiding this research is: What factors have contributed to developing knowledge and confidence in the area of educational law for a small sample of practicing teachers? By conducting and examining four semi-structured interviews with four practicing teachers in Ontario, this study explores: the importance of educational law courses in teacher education programs in Ontario; the potential inconsistency in the degree of educational law training amongst Ontario-trained teachers; supports which enhance teachers' knowledge and confidence in educational law; challenges teachers face when interpreting and applying educational law; and recommendations from the four participants for educators who feel overwhelmed by educational policy and regulation. The Importance of Legal Literacy in Education seeks to stress the importance of understanding educational law in Ontario, while emphasizing the integral role of teacher education programs, administration, unions, school boards and the Ontario College of Teachers in ensuring teachers are knowledgeable and able to make informed decisions at school and online.

Keywords: education law, teacher confidence, teacher education, teachers' rights, and professional development

Stephanie Posocco

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Acknowledgments

Mom and Dad, I would never have been able to take on such a demanding program if it were not for your faith in me. Thank you for your unwavering love and continued support.

Melissa and Frank, thank you for never failing to lend a helping hand or a sympathetic ear. Your love and encouragement has not gone unnoticed.

Thank you to Dr. Angela MacDonald-Vemic, Dr. Nick Scarfo and Rodney Handelsman for your guidance and assistance throughout the research process.

Last but not least, many thanks to my wonderful peers and future colleagues in JI cohort 142/242. You have been a constant source of support, and the comedic relief I most definitely needed throughout the last two years. It has been a pleasure and privilege to have worked with

each one of you; wishing you all the best of luck in your future endeavors.

Stephanie Posocco

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Table of Contents

Chapter One: Introduction

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1.0 INTRODUCTION TO THE RESEARCH STUDY

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1.1 PURPOSE OF THE STUDY

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1.2 RESEARCH QUESTION AND SUBSIDIARY QUESTIONS

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1.3 BACKGROUND OF THE RESEARCHER

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1.4 OVERVIEW

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Chapter Two: Literature Review

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2.0 INTRODUCTION

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2.1 POLICIES, CASES AND ORGANIZATIONS THAT EXEMPLIFY THE NEED FOR A HIGH DEGREE OF

LEGAL LITERACY AMONG ONTARIO TEACHERS

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2.1.2 THE ROLE OF THE ONTARIO COLLEGE OF TEACHERS

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2.1.3 THE CRIMINAL CODE OF CANADA AND ITS RELEVANCE TO ONTARIO TEACHERS REGARDING

DISCIPLINE OF CHILDREN

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2.1.4 TEACHERS' ROLE IN ENFORCING THE ONTARIO SAFE SCHOOLS ACT AND THE ACCEPTING SCHOOL

ACT

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2.1.5 DUTIES OF AN ONTARIO TEACHER AS OUTLINED IN ONTARIO'S EDUCATION ACT

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2.2 CURRENT EDUCATIONAL LAW TRAINING IN TEACHER EDUCATION PROGRAMS

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2.2.1 INCONSISTENCY IN TEACHERS' LEGAL LITERACY ACROSS CANADA

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2.3 THE ROLE OF TEACHERS IN ENSURING STUDENTS' SAFETY AT SCHOOL

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2.3.1 THE ROLE OF SCHOOLS IN ENSURING STUDENTS' SAFETY AT SCHOOL

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2.4 IMPACT OF EDUCATIONAL LAW ON CLASSROOM INSTRUCTION

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2.5 IMPORTANCE OF MAINTAINING PROFESSIONALISM ONLINE

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2.6 RECOMMENDATIONS TO IMPROVE EDUCATIONAL LAW TRAINING FOR TEACHERS

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2.7 CONCLUDING THOUGHTS

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Chapter Three: Research Methodology

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3.0 INTRODUCTION

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3.1 RESEARCH APPROACH AND PROCEDURES

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3.2 INSTRUMENTS OF DATA COLLECTION

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3.3 PARTICIPANTS

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3.3.1 SAMPLING CRITERIA

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3.3.2 SAMPLING PROCEDURES

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3.3.3 PARTICIPANT BIOS

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3.4 DATA ANALYSIS

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3.5 ETHICAL REVIEW PROCEDURES

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3.6 METHODOLOGICAL LIMITATIONS AND STRENGTHS

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3.7 CONCLUSION

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Chapter Four: Research Findings

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4.0 INTRODUCTION

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4.1 DISCREPANCIES IN EDUCATIONAL LAW BACKGROUNDS DUE TO GENERATIONAL GAPS

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4.2 IMPACT OF EDUCATIONAL LAW ON TEACHING PRACTICE

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4.2.1 INFLUENCE OF EDUCATIONAL LAW ON INTERACTIONS WITH STUDENTS

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4.2.2 IMPACT OF EDUCATIONAL LAW ON JOB SECURITY

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Stephanie Posocco

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4.2.3 IMPACT OF EDUCATIONAL LAW ON ENSURING STUDENTS' SAFETY

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4.2.4 IMPACT OF EDUCATIONAL LAW ON TEACHERS' OBLIGATION TO ADHERE TO UNION'S POLICIES 53

4.2.5 IMPACT OF EDUCATIONAL LAW ON MAINTAINING PROFESSIONALISM ONLINE

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4.3 CHALLENGES AND BARRIERS IN UNDERSTANDING AND INTERPRETING EDUCATIONAL LAW 54

4.3.1 DIFFICULTY INTERPRETING LEGAL LANGUAGE

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4.3.2 CONFLICTS BETWEEN STUDENT SAFETY, STUDENTS' NEEDS AND TEACHERS' RIGHTS

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4.3.3 LACK OF TIME AND MONEY

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4.4 SUPPORTS AND RESOURCES FOR EDUCATORS IN APPLYING EDUCATIONAL LAW

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4.4.1 ROLE OF THE UNION IN SUPPORTING TEACHERS' UNDERSTANDING OF POLICY

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4.4.2 INFLUENCE AND IMPACT OF ADMINISTRATION TEAMS ON TEACHERS' CONFIDENCE IN

EDUCATIONAL LAW

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4.4.3 ADVICE AND STRATEGIES FROM COLLEAGUES AND MENTORSHIP PROGRAMS TO ASSIST IN

BUILDING CONFIDENCE IN EDUCATIONAL LAW

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4.5 RECOMMENDATIONS FOR BEGINNING TEACHERS WHO FEEL OVERWHELMED BY EDUCATIONAL

LAW

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4.6 CONCLUSION

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Chapter Five: Implications of this Study

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5.0 INTRODUCTION

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5.1 OVERVIEW OF KEY FINDINGS AND THEIR SIGNIFICANCE

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5.2 IMPLICATIONS OF THE STUDY

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5.2.1 BROAD IMPLICATIONS OF THE STUDY ON ONTARIO'S EDUCATION SYSTEM

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5.2.2 NARROW IMPLICATIONS: AFFECT OF THIS STUDY ON MY OWN DEVELOPMENT AS A TEACHER AND

RESEARCHER

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5.3 RECOMMENDATIONS

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5.4 AREAS FOR FURTHER RESEARCH

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5.5 CONCLUDING COMMENTS

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References

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Appendix A: Consent Letter

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Appendix B: Interview Questions

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Appendix C: Relationship Between Years Teaching and Degree of

Formal Educational Law Training

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Stephanie Posocco

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