Teachers and the Law

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Issues of duty of care, including its non-delegable form that is closely associated with teaching, and issues of negligence are critical for a safe and inclusive learning environment for students. Accordingly, teachers who are aware of their legal responsibilities as outlined in their duty of care can save themselves both claims of negligence and incidents where students are harmed physically and mentally. Policy for educators tasked with preserving student safety are outlined in law, and key of these include mandatory reporting of child abuse, supervision for the prevention of injury, and protection from concerns such as bullying, particularly involving the internet. Duty of care owed to students by teachers is essentially the responsibility for maintaining their wellbeing. It is a legally enforceable duty in tort law, so it is important that teachers follow it directly. However, negligence can arise as a legal dispute when a plaintiff, usually a student, demonstrates that duty of care was breached, and they were caused harm as a direct result (Stewart, D. Knott, A. 2002). This is a particularly important legal issue to note, as teachers owe their students non-delegable duty of care due to their vulnerability and special dependence, which cannot be outsourced to any third party (Raniolo, R. n.d.). Consequently, teachers must be fully aware of the responsibilities they hold, and the potential dangers their students may face in their school environment.

Mandatory reporting of abuse against students are imperative for protecting them from dangerous situations at home, in which sexual, emotional, or even physical abuse may be occurring. In South Australia, Sections 6, 10, and 11 of the Children’s Protection Act 1993 detail that var...

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...7. ‘Web-based training in child maltreatment for future mandated reporters’ Child Abuse and Neglect, Vol. 31 (Issue 6) pp. 671-678.

Hammes, R.1979. ‘The tort and the teacher’ The Clearing House. 53, (2), pp. 104-108.
Newnham, H. 2000, ‘When is a teacher or school liable in negligence’, Australian Journal of Teacher Education, Vol. 25 (Issue 1)

Potts, A, 2006, ‘Schools as dangerous places’, Educational Studies, Vol. 32, No. 3, pp. 319-330, La Trobe University

Clauss-Ehlers, C. S. 2006. Diversity training for classroom teaching, pp. 125-134, New York, NY: Springer

Clelland, T, and Cushman, P. 2011 ‘A health promoting schools approach to bullying’, Set: Research Information for Teachers, Wellington: Academic OneFile, accessed 20/3/14

Roberts-Pittman, B. Slavens, J. and Balch, B. 2012. ‘The Basics of Cyberbullying’, School Administrator, Vol. 69 (Issue 4) pp. 32-37

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