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Literature review on effective classroom management
Importance of effective classroom management
Importance of effective classroom management
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Introduction
Tort liability is important for teachers that if a child is accidentally injured at school or due to negligence, the student’s parent may take legal action against the school or the teacher. The issue of teacher and school liability in today’s controversial society tell us that anyone can be a lawsuit. Teachers should be educated as to his / her liability in the classroom and be aware of how to minimize exposure to lawsuits and student/ parents complains. Teachers tort liability depends on where and how the injury occurred, the teacher’s actions or inaction, and the evidence on the whole. Just like anyone else, teachers are only responsible for torts if all the elements of negligence are proven.
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A common intentional tort that occurs in schools is a battery. A battery is described as an intentional harmful or offensive touching of another person. In the school context, a battery can occur anytime a teacher or administrator touches a child in a harmful or offensive manner. Another common intentional tort that might occur on school grounds is assault. An assault is closely related to battery. It involves an overt attempt to physically injure a person or create immediate apprehension of being injured. However, unlike battery, no actual physical contact is required for an assault to occur. The person committing the assault must simply create a feeling of fear or apprehension of being injured in the mind of the victim. Most often, teachers are accused of committing a battery or assault in the course of disciplining a child or stopping a student from injuring another student. This usually involves grabbing the arm of a student or physically forcing the student away from an incident. Generally, courts are reluctant to interfere with the teacher’s authority to discipline students. However, some courts have found teachers guilty of battery and assault when the conduct is deemed cruel or excessive, and when the teacher intends to do harm to the
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.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
The court ruled that school board was in fact vicariously liable for teacher’s misconduct although they did nothing to cause the assault. The court stated that it was the school board decision to give such a risky individual, as a trusted professional employee with authority over students. Therefore, the school board must be held accountable when those risks emerge and cause loss or damages to innocent
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.
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.
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.
The school is to protect the students from any wrong doing towards them. Such act, parents, school official and other authorities will be contacted. The case in Oakland County MI, opens many eyes for students and parents. The school board has responsibility to report such harm. This is not taken lightly, serious offense. Students could face years in prison, or face felonies.
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
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
If you feel that a loved ones death was caused by the wrongful actions of another individual or organization, you may have legal grounds to file a wrongful death suit. Here is a quick rundown of the basics of wrongful death lawsuits in the state of Washington.
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Child abuse prevention must first begin with understanding the different types of abuse. The Child Abuse Prevention and Treatment Act (CAPTA) defines abuse as the motive, act, or lack of action of a parent or guardian that leads to a physical or emotional injury (Rein 11-12). Each state defines abuse differently; Pennsylvania defines physical abuse as the recent act or lack of action by a perpetrator causing or risking a serious non-accidental physical injury to a person that is under the age of 18 (Clark 351). Corporal punishment, a controversial topic in physical abuse, is defined as deliberately inflicting physical injury because the child misbehaves. Types of corporal punishment include spanking, slapping, pinching, choking, paddling, or hitting the child with objects (Gerdes 182-190). Part of the debate over physical abuse is whether schools should be able to use physical punishment on their students. Some believe that corporal punishment is the only way to teach children about misbehaving and that a minor pain is justified if it corrects a larger problem (Gerdes 198-201). Others think corporal punishment may lead a child to believe violence is acceptable or to think...
Students being removed from the school due to police involvmenet in removing them, may also face possible criminal charges being filed against them, for infracttionsas minimal as non-prescription drug possession or being accused of sexual harassment as mentiond previously , happened to a student for hugging a teacher as a form of solidarity. Sexual harrsamentcharges that if prosecuted can lead to a student being labeled and listed as a sex offender for life. Egregious non-violent offenses that disproportionately affect black and Latino students, and due to law enforcement modeling, sets the stage for incarceration.
At first, the data of the tort claims declined in the recent years. Then, some victims do not know they could receive the compensation. Finally, the ‘compensation culture’ myth was created by the mass media and public organizations. Whilst there are a few advantage with ‘compensation culture’. The lawsuit will be more ‘defendant-friendly’ and protect the commercial companies, which is good for the business and economy. At the same time, the myth caused many problems for the society. Such as the excessive risk aversion, which result a cloud on voluntary and socially useful activities, teachers will feel more risk and pressures with children activities (Tingle, 2011). Or the government waste the tax for changing the tort law polices. Whether the ‘compensation culture’ exists, which may be not important. However, It is important that the negative involvements are appeared by the