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The Research Context

The role of the educational leader is becoming increasingly diverse and complex, a task which has expanded into managerial and executive responsibilities. This translates into an increased need of law literacy.

This study aimed at exploring the extent to which state primary school leaders within the Maltese educational system are aware of the legal regimes regulating the sector, both directly and indirectly.

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The Research Questions

The two research questions which guided the study were:

1. To what extent are state primary school leaders within the Maltese educational system aware of their responsibilities arising from the legal regimes which regulate the educational process and other ancillary issues?

2. What actions could be taken to proactively ensure that school leaders are adequately trained to meet their obligations at law?

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Literature Review

Despite the clear benefits of legal literacy, research examining education professionals’ legal knowledge is relatively new and limited.

Locally, this study is the first of its kind and thus, aimed at providing a useful introduction to the area, albeit within its contextual confines.

Since the focus of this study is the local state primary scenario, legal analysis was limited to Maltese law and other ancillary norms relevant to the education sector.

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Methodology and Methods Used

Qualitative research - exploratory or formulative research
Constructivist approach
Interpretivist approach

The techniques used for data collection were:

Qualitative analysis of literature to gain a broad perspective on the matter;
Analysis of laws regulating or concerning the

educational sector;

Interviews with 10 Maltese state primary school leaders,

one from each college.

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Key Findings

The complexity of responsibilities attached to being a Senior Leadership Team member make an understanding of education law imperative.

Legal Literacy

Most interviewees pointed out that unfortunately, there is little discourse on the legal aspect of school leadership.
Only diminutive legal training was provided.
Emotional and mental impact.
When in doubt, firstly they seek immediate advice through the Head of College Network, who in turn usually guides them to refer the query to legal professionals within the Education Department.

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Key Findings

Health and Safety

When school leaders were asked if there is enough awareness and

resources to abide by health and safety regulations,

they generally replied that both are limited.

Teachers’ Code of Ethics

The need to remind and explain to educators the importance of

following the Teachers’ Code of Ethics and to act professionally

was shared by various school leaders.

Public Service Management Code

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Key Findings

D. Data Protection

Data protection is an area of law, adequate

knowledge of which is necessary for the school

leader.

Minor Protection (Alternative Care) Act (Chapter 602 of the Laws of Malta)

Mandatory reporting obligations in cases of suspected abuse or harm.

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Discussion and Conclusion

On the one hand, there is a history of repeated recommendations from educational leaders to be provided with the necessary training on education law.

However, a number of leaders lack the initiative to take a direct and personal interest in the resolution of legal matters which are affecting the day-to-day exercise of their duties.

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Discussion and Conclusion

Author’s proposals:

School leaders need structured training - professional development sessions. CoPE sessions or else professional development sessions specific to Heads of School.

Proactive personal approach - school leaders to read relevant literature as well as to keep up to date with the laws issued within the sector.

Coaching and mentoring - transformative approach.

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Discussion and Conclusion

An ethical obligation on the employer.

By providing enhanced support in relation to legal issues, the employer would be taking concrete steps in safeguarding the educational leaders’ wellbeing.

Possible future research - local study on the legal literacy of educational leaders should be expanded further to reach other sectors.

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Final Remark

Educators, like everyone else, cannot plead ignorance of the law as an excuse – ignorantia legis neminem excusat.

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References

Alvoid, L., & Black Jr, W. L. (2014). The changing role of the principal: How high achieving districts are recalibrating school leadership. Center for American Progress. Retrieved from https://files.eric.ed.gov/fulltext/ED561099.pdf

Bryman, A. (2012). Social Research Methods (4th Edition), Oxford University Press.

De Cieri, H., & Lazarova, M. (2021). Your Health and Safety is of Utmost Importance to Us. A Review of Research on the Occupational Health and Safety of International Employees. Human Resource Management Review, 31(4), pp.1-30.

Decker, J. R. (2014). Legal Literacy in Education: An Ideal Time to Increase Research, Advocacy, and Action. West's Education Law Reporter, 20.

Ellis, R., Leaf, D., & Ashkin, S. (2005). K—12 School Health and Safety—Where to Start. Journal of Environmental Health, 67(7), p.62.

Gallant, J. (2004). Advising Principals: Using law to improve schools and support school leaders. In R. Flynn (Ed.), Law in Education: Help or Hindrance? Markham: Bluestone Print, pp.403-429.

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Kennedy, A (2005). Models of Continuing Professional Development: A framework for analysis. Journal of In-service Education (June 2005) 31(2) pp. 235-250.

Leonard, A. L. (2021). An Investigation into the Legal Literacy of Educators: A Professional Development Approach. ProQuest Dissertations Publishing.

McBrayer, J., Jackson, T., Pannell, S., Sorgen, C., De Blume, A., & Melton, T. (2018). Balance of Instructional and Managerial Tasks as it Relates to School Leaders' Self-Efficacy. Journal of School Leadership, 28(5) pp.596-617.

Pogue Reeder, G. (2021). An Investigation into the Legal Literacy of Educators: A Professional Development Approach. ProQuest Dissertations Publishing.

Rollerson, T. L. (2021). Legal Literacy of Educators: The Implications and Critical Next Steps in a Litigious Society. ProQuest Dissertations Publishing.

Sanchez-Danday, A. S. (2021). Literacy in Education Laws: A Literature Review. International Journal of Education and Research, 9(2) p.35-42.

Waring, M (2017). Chapter 3: Finding your theoretical position. Research Methods and Methodologies in Education (2^nd Edition), SAGE Publications Ltd.

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Principal Legal Resources

Code of Organization and Civil Procedure (Chapter 12 of the Laws of Malta)

Civil Code (Chapter 16 of the Laws of Malta)

Education Act 1988 (Chapter 327 of the Laws of Malta)

Occupational Health and Safety Authority Act (Chapter 424 of the Laws of Malta)

Data Protection Act (Chapter 586 of the Laws of Malta)

Public Administration Act (Chapter 595 of the Laws of Malta)

Minor Protection (Alternative Care) Act (Chapter 602 of the Laws of Malta)

Education Act 2021 (Chapter 605 of the Laws of Malta)