Professional discretion of public school principals : an education law perspective

Abstract

Research indicates that there is a lack of understanding of the law and legal obligations among school principals. This could directly affect a principal’s ability to apply appropriate professional discretion. Without the necessary legal knowledge, it would be almost impossible for principals to apply appropriate professional discretion. Underpinned by the Contextual Intelligence Theory, the purpose of this study was therefore to investigate, analyse, and interpret principals’ legal interpretation of their duties, their application of professional discretion, and their perceptions of the role of contextual intelligence when they apply professional discretion. This study also aimed to shed light on principals’ decision-making when confronted with difficult decisions concerning management, leadership, legislation, and policy within the context in which their schools are operating. This study adopted a mixed-methods approach from within a pragmatist research paradigm. Data was collected by means of quantitative and qualitative data collection techniques, namely survey questionnaires followed by semi-structured interviews. The findings suggest that there are multiple scenarios in which principals must apply professional discretion and that, in order to protect the best interests of learners and staff, it often means that they are required to ignore official policies which do not allow for the contextual nuances of schools. Various internal and external factors which influence how principals apply professional discretion were identified. Further, principals experience intimidation by departmental officials who are often second guessing their decision-making. As a result, they are often afraid to apply their discretionary powers.