Law for Leaders

Introduction

Administrators of schools and kindergartens often face complex challenges. It is therefore important that they develop the necessary competence to comply with the legal framework given in the Education Act and in the general framework plan, while at the same time focusing on the social task of teaching institutions, the educational requirements, and the administrator’s role as employer. A decent employer organizes and motivates employees, complies with the legal framework, and has the courage to be a good leader.

This course is an introductory course in law for administrators in schools and kindergartens. It is part of the second year of the Executive Master of Management programme in educational leadership, but can also be taken separately.

Course content

List of topics and teaching plan

1st Module: Characteristics of labour law, legal methodology, management prerogative for school and kindergarten administrators, objectives, and principles for sound executive work, what “best qualified” actually means, as well as procedural rules for appointments.

This module will deal with legal methodology applied in labour law and legal rules relating to pupils and the management prerogative of the school/kindergarten administrator. The legal concept “best qualified” in appointments will also be discussed, as well as the rules concerning priority and procedural rules for appointments in the public sector.

2nd Module: Redundancy/workforce reductions and employees’ job protection

This module will discuss the rules for workforce reductions, job protection for employees as well as rules concerning whistleblowing. Relevant case law will be discussed.

3rd Module: Data protection and professional secrecy

This module will focus on the rules of professional secrecy and access to information. We shall examine how one can meet requirements for a sound ICT system and for good cooperation with other parties. We shall also look at the transitions between kindergarten and primary school, between primary school and lower secondary school, and between lower secondary school and upper secondary school.

4th Module: Dealing with conflicts

This module will focus on interpersonal challenges for a good working environment. A poor working environment may harm coordination and motivation for employees and may also be a direct cause of impaired work processes. Skills training in this module will focus on conflict negotiations, how conflicts arise and how they are resolved. The school/kindergarten administrator will learn how to apply tools to handle conflicts in a constructive manner, which includes approaching serious personal conflicts in a formally correct manner. Students will train individually and in groups.  

5th Module: The psychosocial environment for pupils and children in kindergartens

This module will discuss the obligations of schools and kindergartens relating to the psychosocial environment, the encroachment concept, requirements relating to executive work and documentation, and the right to obtain special educational assistance and special education. We will also discuss the heightened obligation to act that applies when an employee causes offense to a child or a pupil, and especially the dual standard of proof (standard of proof pursuant to the Education Act and the regular standard of proof in labour law). Relevant case law, practice with the Norwegian Directorate of Education and Training as well as practice with the county administrator will be discussed.