Children at Risk of School Dropout

Chapter in JG Dwyer (ed), Oxford Handbook of Children and the Law (OUP 2019)

45 Pages Posted: 24 Jun 2019

See all articles by Lucinda Ferguson

Lucinda Ferguson

University of Oxford, Faculty of Law

Date Written: April 21, 2019

Abstract

This chapter begins by outlining the routes through which children ‘drop out’ of school. It then draws on the failings of the English system to suggest six key ‘lessons’ for other jurisdictions. The first centres on how academic results-driven accountability measures push schools and decision-makers into unjustifiably excluding children. The second demonstrates the vulnerability of discretionary frameworks to perverse incentives and unintended negative consequences for children at risk of ‘drop out’. The third highlights the difficulties created by increased autonomy for teachers and schools. The fourth reveals how additional protections for particularly vulnerable children are constrained by the broader exclusion regime. The fifth and sixth demonstrate the need for jurisdictions to revisit the conceptual and empirical basis of their legal frameworks for exclusion, whether grounded in ‘best interests’, competing ‘interests’, or ‘children’s rights’. It concludes by emphasising the need to develop empirical evidence to underpin decisions around ‘drop out’.

Keywords: school dropout; permanent exclusion; expulsion; education law; children’s rights; right to education; best interests; school accountability; discretion; autonomy

Suggested Citation

Ferguson, Lucinda, Children at Risk of School Dropout (April 21, 2019). Chapter in JG Dwyer (ed), Oxford Handbook of Children and the Law (OUP 2019), Available at SSRN: https://ssrn.com/abstract=3406264

Lucinda Ferguson (Contact Author)

University of Oxford, Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
75
Abstract Views
447
Rank
576,502
PlumX Metrics