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This chapter considers children’s right to education and the protection of children’s rights in a school environment. Despite the importance of education to children, their right to education and to participation in school is conspicuously absent from much legislation and policy concerning schools. This chapter considers the extent to which children are recognised as rights-holders at school. It starts by considering school attendance, truancy and the punitive approach to parents who are unable to secure their child’s regular attendance at school. It then considers pupil behaviour and school discipline. The prevalence of bullying and peer abuse in schools raises the importance of protecting the rights of affected pupils to an education in a safe environment that ensures that they are all respected. Responding to this behaviour also raises the rights of perpetrators, particularly in the context of school discipline, the use of force and power to search pupils. The chapter then considers the law on exclusion and the right to education. Finally, it considers the extent to which children have a right to attend sex education and the extent of parental right to object.
This chapter problematises questions of agency, transformation and motives in the context of the exclusion of young people from school. It addresses the question: in what ways might young people be agentic in processes of school exclusion and how might that agency be strengthened? In order to explore this question, the chapter draws on recent developments in cultural-historical theories of transformative agency by double stimulation and Bernsteinian insights on cultural transmission and pedagogy. Empirical data from an exploratory study of permanent school exclusions in a southern English city are used to illustrate the theoretical considerations on transformative agency that are emerging from a four-year multidisciplinary comparative study of exclusion, in all its forms, across the four jurisdictions of the UK. Data are also used to explore the concept of the categorisation of exclusions and in the context of understanding the possibilities for young people’s agency in exclusion.
There is limited research that explores the association between exclusion from school and mental health, but it seems intuitively plausible that the recognition of mental difficulties by key teachers and parents would influence the likelihood of exclusion from school.
Methods
A secondary analysis of the British Child and Adolescent Mental Health survey 2004, (n = 7997) and the 2007 follow-up (n = 5326) was conducted. Recognition of difficulty was assessed via a derived variable that combined the first item of the Impact supplement of the Strengths and Difficulties Questionnaire which asked parents and teachers if they thought that the child has difficulties with emotions, behaviour and concentration, and the presence/absence of psychiatric disorder measured by the Development and Well-being Assessment.
Results
Adjusted logistic regression models demonstrated that children with recognised difficulties were more likely to be excluded [adjusted odds ratio (OR) 5.78, confidence interval 3.45–9.64, p < 0.001], but children with unrecognised difficulties [adjusted OR 3.58 (1.46–8.81) p < 0.005] or recognised subclinical difficulties [adjusted OR 3.42 (2.04–5.73) p < 0.001] were also more likely to be excluded than children with no difficulties. Children with conduct disorder and attention deficit hyperactivity disorder were most likely to be excluded compared with other types of disorder.
Conclusion
Exclusion from school may result from a failure to provide timely and effective support rather than a failure to recognise psychopathology.
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