Law, Rights and Reproduction: Reproductive Autonomy in Ethical Rationalism

As medical technology has advanced, so too have our attitudes towards the level of control we can expect to hold over our procreative capacities. This creates a multi-dimensional problem for the law in terms of access to services which prevent conception, access to services which terminate a pregnancy and recompensing those whose choices to avoid procreating are frustrated. These developments go to the heart of our perception of autonomy. In order to evaluate these three issues in relation to reproductive autonomy, I set out to investigate how the Gewirthian theory of ethical rationalism can be used to understanding the intersection between law, rights, and autonomy. As such, I assert that it is because of agents’ ability to engage in practical reason that the concept of legal enterprise should be grounded in rationality. Therefore, any attempt to understand notions of autonomy must be based on the categorical imperative derived from the Principle of Generic Consistency (PGC). As a result, I claim that (a) a theory of legal rights must be framed around the indirect application of the PGC and (b) a model of autonomy must account for the limitations drawn by the rational exercise of reason. This requires support for institutional policies which genuinely uphold the rights of agents. In so doing, a greater level of respect for and protection of reproductive autonomy is possible. This exhibits the full conceptual metamorphosis of the PGC from a rational moral principle, through an ethical collective principle, a constitutional principle of legal reason, a basis for rights discourse, and to a model of autonomy. Consequently, the law must be reformed to reflect the rights of agents in these situations and develop an approach which demonstrates a meaningful respect of autonomy. I suggest that this requires rights of access to services, rights to reparation and duties on the State to empower productive agency.

School leaders as both colonized and colonizers: understanding professional identity in an era of no child left behind

This study positioned the federal No Child Left Behind (NCLB) Act of 2002 as a reified colonizing entity, inscribing its hegemonic authority upon the professional identity and work of school principals within their school communities of practice. Pressure on educators and students intensifies each year as the benchmark for Adequate Yearly Progress under the NCLB policy is raised, resulting in standards-based reform, scripted curriculum and pedagogy, absence of elective subjects, and a general lack of autonomy critical to the work of teachers as they approach each unique class and student (Crocco & Costigan, 2007; Mabry & Margolis, 2006). Emphasis on high stakes standardized testing as the indicator for student achievement (Popham, 2005) affects educators’ professional identity through dramatic pedagological and structural changes in schools (Day, Flores, & Viana, 2007). These dramatic changes to the ways our nation conducts schooling must be understood and thought about critically from school leaders’ perspectives as their professional identity is influenced by large scale NCLB school reform. The author explored the impact No Child Left Behind reform had on the professional identity of fourteen, veteran Illinois principals leading in urban, small urban, suburban, and rural middle and elementary schools. Qualitative data were collected during semi-structured interviews and focus groups and analyzed using a dual theoretical framework of postcolonial and identity theories. Postcolonial theory provided a lens from which the author applied a metaphor of colonization to principals’ experiences as colonized-colonizers in a time of school reform. Principal interview data illustrated many examples of NCLB as a colonizing authority having a significant impact on the professional identity of school leaders. This framework was used to interpret data in a unique and alternative way and contributed to the need to better understand the ways school leaders respond to district-level, state-level, and national-level accountability policies (Sloan, 2000). Identity theory situated principals as professionals shaped by the communities of practice in which they lead. Principals’ professional identity has become more data-driven as a result of NCLB and their role as instructional leaders has intensified. The data showed that NCLB has changed the work and professional identity of principals in terms of use of data, classroom instruction, Response to Intervention, and staffing changes. Although NCLB defines success in terms of meeting or exceeding the benchmark for Adequate Yearly Progress, principals’ view AYP as only one measurement of their success. The need to meet the benchmark for AYP is a present reality that necessitates school-wide attention to reading and math achievement. At this time, principals leading in affluent, somewhat homogeneous schools typically experience less pressure and more power under NCLB and are more often labeled “successful” school communities. In contrast, principals leading in schools with more heterogeneity experience more pressure and lack of power under NCLB and are more often labeled “failing” school communities. Implications from this study for practitioners and policymakers include a need to reexamine the intents and outcomes of the policy for all school communities, especially in terms of power and voice. Recommendations for policy reform include moving to a growth model with multi-year assessments that make sense for individual students rather than one standardized test score as the measure for achievement. Overall, the study reveals enhancements and constraints NCLB policy has caused in a variety of school contexts, which have affected the professional identity of school leaders.

SCHOOL DISTRICT GOVERNANCE AND KNOWLEDGE-FIT IN DECISION RIGHTS: HOW DISTRICTS RECRUIT AND HIRE SCHOOL LIBRARIANS

This study examines the organizational structures and decision-making processes used by school districts to recruit and hire school librarians. For students to acquire the information and technology literacy education they need, school libraries must be staffed with qualified individuals who can fulfill the librarian’s role as leader, teacher, instructional partner, information specialist, and program administrator. Principals are typically given decision rights for hiring staff, including school librarians. Research shows that principals have limited knowledge of the skills and abilities of the school librarian or the specific needs and functions of the library program. Research also indicates that those with specific knowledge of school library programs, namely school district library supervisors, are only consulted on recruiting and hiring about half the time. School districts entrust library supervisors with responsibilities such as professional development of school librarians only after they are hired. This study uses a theoretical lens from research on IT governance, which focuses on the use of knowledge-fit in applying decision rights in an organization. This framework is appropriate because of its incorporation of a specialist with a specific knowledge set in determining the placement of input and decision rights in the decision-making processes. The method used in this research was a multiple-case study design using five school districts as cases, varying by the involvement of the supervisors and other individuals in the hiring process. The data collected from each school district were interviews about the district’s recruiting and hiring practices with principals, an individual in HR, library supervisors, and recently hired school librarians. Data analysis was conducted through iterative coding from themes in the research questions, with continuous adjustments as new themes developed. Results from the study indicate that governance framework is applicable to evaluating the decision-making processes used in recruiting and hiring school librarians. However, a district’s use of governance did not consistently use knowledge-fit in the determination of input and decision rights. In the hiring process, governance was more likely to be based on placing decision rights at a certain level of the district hierarchy rather than the location of specific knowledge, most often resulting in site-based governance for decision rights at the school-building level. The governance of the recruiting process was most affected by the shortage or surplus of candidates available to the district to fill positions. Districts struggling with a shortage of candidates typically placed governance for the decision-making process on recruiting at the district level, giving the library supervisor more opportunity for input and collaboration with human resources. In districts that use site-based governance and that place all input and decision rights at the building level, some principals use their autonomy to eliminate the school library position in the allotment phase or hire librarians that, while certified through testing, do not have the same level of expertise as those who achieve certification through LIS programs. The principals in districts who use site-based governance for decision rights but call on the library supervisor for advisement stated how valuable they found the supervisor’s expertise in evaluating candidates for hire. In no district was a principal or school required to involve the library supervisor in the hiring of school librarians. With a better understanding of the tasks involved, the effect of district governance on decision-making, and the use of knowledge to assign input and decision rights, it is possible to look at how all of these factors affect the outcome in the quality of the hire. A next step is to look at the hiring process that school librarians went through and connect those with the measurable outcomes of hiring: school librarian success, retention, and attrition; the quality of school library program services, outreach, and involvement in a school; and the perceptions of the success of the school librarian and the library program as seen from students, teachers, administrators, parents, and other community stakeholders.

External school evaluation : teachers’ perspectives : two case studies from Northern Portugal

The external evaluation of non-higher education schools in Portugal has been developed by the General Inspectorate of Education since 2006. A first cycle of evaluation was completed, covering all educational units in continental Portugal up to 2011. The model of evaluation has since been subject to alterations, and a second cycle of evaluation is now coming to an end. The current model of evaluation is based on documental analysis, analysis of students’ results, and panel interviews with a variety of representatives of the school community, and addresses three domains: results, provision of educational service and management. This paper is part of an ongoing research project, developed by 6 universities and supported by the Portuguese Foundation for Science and Technology (PTDC/CPE-CED/116674/2010) which intends to analyse the impacts and effects this process of external evaluation has had on Portuguese schools. This project includes a variety of perspectives and methodologies. In particular, we will focus on two case studies undertaken in two schools from the northern region of Portugal, and more specifically on the perspectives expressed by the teachers of those schools. These particular schools were chosen because they have been evaluated twice and represent different educational levels (basic and secondary), contexts and results. These case studies included the analysis of documental data, interviews to key informants and a questionnaire directed to teachers (n = 141) – the latter will be the main focus of this paper. Teachers are essential elements of the school community when considering the impacts of external evaluation, as any changes directed at teaching practices, student evaluation, among others are only possible through their direct action and implication. Therefore, their perceptions on the process and its impacts are crucial to the understanding of what does and does not change in schools as a consequence of external evaluation. Although teachers’ opinions are not homogenous and each school reveals a number of differences when it comes to teachers’ perceptions of School Evaluation, it was possible to stress some areas as the most and as the least consensual. Teachers in both schools agree External School Evaluation (ESE) is useful for the identification of the schools’ strengths and weaknesses, values students’ external evaluation results, imposes a model for schools internal evaluation (and in fact contributes to the very existence of internal evaluation practices), and contributes to schools improvement. However teachers in both schools do not believe ESE contributes to teachers’ autonomy produces changes in how curriculum is managed, or leads to innovative teaching practices. These results point to a greater emphasis on change at the levels of school management, self-evaluation and particularly internal evaluation, but little impact on the teaching practices. We believe the classroom is at the core of school practices and teaching processes are essential to any measure of school quality and to their impacts on student learning.

Perceived learning environments and metacognitive strategy knowledge at the upper secondary school level

There is evidence that students benefit from teachers’ explicit fostering of metacognitive strategy knowledge (MSK). However, there is insufficient understanding about the effect of implicit promotion of MSK in regular school instruction. This study investigates the relationship between perceived characteristics of learning environments (social climate, support, autonomy, self-reflection) and students’ MSK. A representative cohort of students (Nt1 = 1,272/Nt2 = 1,126) in Grades 10 and 11 at schools at the upper secondary education level (ISCED Level 3A) in Switzerland participated in this two-wave longitudinal study. Multilevel analysis showed effects on both the individual and the class level. Students who experienced higher social integration showed a higher extent of MSK at the beginning of the school year than students who experienced less social integration. Perceived autonomy was also positively related to students’ MSK on the individual level. In contrast, the results showed a negative relationship between perceived self-reflection and students’ MSK. On the class level, there was a negative relationship between self-reflection and students’ MSK. Teachers’ support did not correlate with students’ MSK on either the individual or the class level. Implications of these results for education and further studies are discussed. (DIPF/Orig.)