School negligence, what does that mean? The failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care. The reference of care and protection is that within a school. Next is deciding who I am interviewing, my administrator at Stuckey Elementary School, a musician and hotel employee who both have children in the Clark County School District and a colleague of mine at Stuckey Elementary School. The principal at Stuckey Elementary School referred to tort laws when defining school negligence. He stated that school negligence is when a teacher is not supervising the students or does not abide by what the students needs are. The principal proceeded to mention a few examples of how teachers were negligent of their job. One example is …show more content…
For example, if a teacher doesn’t follow the mandated method in teaching a student and the student was to fail, then it is the fault of the teacher being negligent. How are paraprofessionals aware of school negligence? Parents find out by helping out in the classroom or a scheduled observation by the parent. Parents also talk to other parents, teachers and staff members at the school to get the information they are searching for. The response for procedures that follow negligence was related to the demerits of the hotel industry, where there is a system in place to follow. First with a documented verbal warning, followed by a written warning. If the negligence continues and it is determined that the teacher doesn’t have the right tools or doesn’t understand what they are negligent for then the district or school would have to help the teacher in training them to be more knowledgeable in the area needed. The teacher could be placed on probation to make sure that the negligence
A teacher’s most important duty is to protect the students they are in charge of. This duty includes both reasonably protecting students from harm and, when a student is harmed, reporting it to the proper authorities (Gooden, Eckes, Mead, McNeal, & Torres, 2013, pp. 103-109). There have been many court cases that reiterate this duty of school staff. One such case is Frugis v. Bracigliano (2003) where many staff at a school failed in their duty to protect students and allowed abuse to continue for years.
On Thursday, 11/12/2015, at 17:01 hours, I, Deputy Stacy Stark #1815 was dispatched to a domestic disturbance in progress located at 66 Paper Lane, Murphysboro, IL 62966. It was reported that a 15 year old female juvenile was busting out windows on her mother’s vehicle. Deputy Sergeant Ken Lindsey #2406 and Deputy John Huffman #2903 responded as well.
It has been said for years that any case of educational malpractice was doomed from the start. Because of this, it was a huge surprise when the Iowa Supreme Court denied the defendant, Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable, the student-athlete.
The leading issue of the WA DoE Duty of Care for Students Policy is stated in Section 1.A “Teaching staff owe a duty to take reasonable care for the safety and welfare of students whilst students are involved in school activities or are present for the purposes of a school activity” (WA DoE, 2007, p. 3). This means teachers are legally responsible to protect students from reasonably foreseeable risks of harm whenever a relationship exists between a teacher and a student. Some examples include in the playground, the classroom or during a school excursion.
Groves, S. L., & Groves, D. L. (1981). Professional Discretion and Personal Liability of Teachers in Relation to Grades and Records. Education, 101(4), 335-340.
I agree that teachers must think before they act and process the best consequence to the action that he or she will or will not do in class. The book makes a point on talking about how teachers must thoughtfully decide if what they are doing every single day. I believe that that is a crucial quality every teacher must have in order to avoid major issues in the classroom. It is amazing how much can change when a teacher, or anyone, thinks about what they are doing before they do it and what are the possible consequences are based on their action. Better than thinking about it, if they talk to one another, as teachers, on how they should act, this would help them even more to make the right decision. I also agree teachers deserve the right to due process, just like everyone else in their profession. Being a teacher is very difficult, and it is very important that teachers are not constantly scared to lose their job with one bad choice. There are so many parents out there who will immediately try to get the teacher fired in any way they can in order for their child to be happy which is very threatening to teachers everywhere. The fact that due process is given to teachers is extremely important for the sanity of teacher’s minds and their performance as teachers. Lastly, I agree with tort liability because teachers must be on high alert at all times with their classroom. Any possibilities of injury in the classroom must be thought about by the teacher and prevented in anyway. Teachers are one hundred percent liable to what goes on in their classroom and they need to pay attention to all kinds of behavior that could lead to danger. Teachers never should be able to say that it was the student’s fault that they were injured in their classroom with their
In a school setting, negligence is the most common of the three torts seen in our courts (Decker, 2011).
Lane, Kenneth, Mary Jane Connelly, Julie Mead, Mark Gooden, and Suzanne Eckes, eds. The Principal’s Legal Handbook. 3rd ed. Dayton: Educational Law Association, 2005. 34-57.
Negligent hiring arises when one party is held liable for another’s negligence; because party one placed party two in a position of responsibility and an injury resulted from this placement. Negligent hiring is generally found where the employee who caused the injury has had a reputation on record that showed their potential to misuse any kind of responsibility. This record should be easily found, if the employer conducted a search. If a patient or another employee can prove there is a record of previous negligence on the guilty employee, the hospital or health care organization can be held responsible for the negligent acts of their employee. It is important that the human resources department to be very familiar with the risks and do their best not to hire employees who are likely to become problematic in the future.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
This includes physical education, technical education, family and consumer sciences, science classes that include laboratory projects, and technical courses where special needs students are present. Not only are teachers in these areas responsible to hold the same standards of supervision, but also are responsible for explaining the uses and mechanics of the machine and tools with which students will engage during the course of the class (Seitz, 1971). Beyond those special interest classrooms, there are also special situations that administrations should pay extra attention to, which include field trips, movement between classes, activities at school-sponsored activities, dances, athletic contests, and the school bus (Seitz, 1971). These types of situations would clearly fall into negligent liability, since the teacher doesn’t prepare for risks “inherent in certain activities” (Ripps, 1975, p.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
Negligence is said to be a failure of a responsible person who is in charge to guarantee the responsibility of care is carried out which can be resulted is another person’s injuries or damages. The word tort simply means wrong which defines liability for cost related to injuries or damages or financial loss or property damages which can be due to the lack of carelessness of the defendant towards the plaintiff. In usual cases the defendant has to be proved that he/she has acted intentionally and there should be an actual damage or injury due to their action. In order to prove that the defendant has liability towards the plaintiff, the three main elements in the “Tort of Negligence” should be presented: duty of care, breach of duty and damages that have been done.
The case of Tennessee vs Reeves talks about two youngsters named Tracie Reeves and Molly Coffman who were students at the West Carrol Middle School who were planning to kill their teacher, Janice Geiger (Hall 2014; Schmalleger, 2014). They had planned to poison the teacher with rat poison by putting it in the teacher’s drink (Hall 2014; Schmalleger, 2014). There were other students who had found out, and the plot had been reported to the teacher and principal of the school (Hall 2014; Schmalleger, 2014). The students were convicted of attempt to commit secondary degree murder based on the fact that the poison was brought to the school and if it wasn’t because the plot to killed Miss. Geiger was interrupted the crime would have taken place.
Discuss the concept of “precedent” and its implications for court decisions affecting public schools as it relates to case law.