Organisational routines – the interplay of legal standards and professional discretion

Abstract

Discretion is described as a hallmark of professional work. Professional discretion rests on trust in the ability of certain occupational groups to make sound decisions 'on behalf' of societal authorities. It has been suggested that in Europe, managerialist-influenced policies with increased focus on control and accountability have placed pressure on professional discretion. Although earlier studies have demonstrated tensions between external and internal accountability, they have not highlighted how legal forms of authority are key aspects in the regulation of education, or how professionals handle legal standards in their practices. The purpose of this study is to understand the interplay between legal standards and professional discretion. An organisationalroutines perspective is used to examine this interplay. Empirically, the students' legal rights to a good psychosocial environment are used as a case. Based on interviews with principals, deputies and teachers in Norwegian schools, the paper examines how legal norms are translated into social practices, and how practitioners construct and legitimise their work. The study shows how preventive and remedial measures are prevalent in Norwegian schools. When laws and regulations require specific procedures, they are transformed into routines based on the schools' iterative practices. The study adds an empirical analysis to current understandings of juridification in education.

The performative shift: middle leadership ‘in the line of fire’

“…Inspector 1 (I1) started her examination by explaining that the three heads would be asked several control questions concerning the school's assessment routines and how the school had enacted the national curriculum ii , especially through written routines (Ottesen and Møller 2016).…”

“…Late modern society has experienced the rise of an 'audit culture', where key stakeholders must adhere to new policy tools, such as Quality Assessment and Evaluation (QAE), and performance measurement which express varying configurations of governing modes (Apple 2005, Hood 2007, Maroy 2012. Furthermore, in accordance with demands set forth in state education policies and regulations, local school districts, school leaders, and teachers must adjust to new expectations and the increasing juridification of the education system (Ball 2003, Trujillo and Howe 2015, Andenaes and Møller 2016, Bergh and Arneback 2016, Ottesen and Møller 2016, Skedsmo and Møller 2016.…”

Processes of reforming: The case of the Norwegian state school inspection policy frameworks

“…This may make it difficult to enact the handbook on the practical level in schools, municipalities, or even within inspection teams. Thus, such dynamic processes open for professional discretion and ample leeway to manoeuvre for the policy actors involved (Hall, 2017a;Ottesen & Møller, 2016).…”

National Testing: Gains or Strains? School Leaders’ Responses to Policy Demands

“…More specifically, the project aims to identify and discuss school professionals' micro policy making in an educational system that is rooted in social democratic norms and values of trust and equity (Møller et al, 2007;Ottesen & Møller, 2016). This educational context is different from that of other countries with longer traditions of education regulation based on largescale student data, such as England and North America.…”

“…The rationale for this project is grounded in policy makers' transnational emphasis on student achievement and large-scale student testing during the last two decades, which is closely connected to policy makers' desire to develop and control policy demands by central governments (Ozga & Lingard, 2007). This transnational emphasis generates demand for primary research about how micro policy making actually occurs, especially in Norway's comprehensive education system, which is strongly rooted in ideologies that emphasize aspects of equity closely linked to social democratic values (Møller et al, 2007;Ottesen & Møller, 2016).…”