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
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.
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.
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
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.
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. The second important issue addressed in the WA DoE Duty of Care for Students Policy is how teachers use their professional judgement to assess dangers, guard against risk of injury to students, and determine levels of care required, based on their knowledge of individual students and the type of school activity undertaken.... ...
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.
In a school setting, negligence is the most common of the three torts seen in our courts (Decker, 2011).
The Principal’s Legal Handbook. 3rd ed. Dayton: Educational Law Association, 2005. 34-57. Lincoln, Eugene.
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 defendant Rachel Holland was at the time a nine-year old girl with an intellectual disability with an I.Q. of 44 and an academic functioning level of a four-year old child. Rachel was described as being well behaved and popular with her second grade classmates. She enjoyed school and was motivated to learn. The plaintiff Sacramento Unified School District proposed to educate Rachel half time in a special education class, and half-time placement in a regular classroom. Rachel’s core classes such as Reading and Math services would be rendered in a special education class and classes such as PE, Music, Lunch, and Recess would be rendered in a general education classroom. Rachel’s Individual Education Plan (IEP) stressed language and communication goals such as speaking in four or five word sentences, initiating and terminating conversations, verbally stating name, developing twenty-four word sight vocabulary, counting to twenty-five, and printing first and last
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.
such as a science fair, for example. If a student’s project explodes, or someone accidently is stabbed with a needle or sharp object, or has an allergic reaction to an edible experiment, that individual may attempt to hold the district liable. However, educators should know that “enlightened courts are aware of the fact that an unrealistic interpretation of tort law could” (Seitz, 1971, p. 551) lend to this reaction from teachers and do what they can to rule reasonably with this in mind. An example of when this discretion could be applied differently is if four students ask to stay inside alone during recess to complete a group project. While an accident without supervision is possible, if the students are known to be responsible, a teacher
The children were already behind in their academics, and she put them further behind by not educating them. She was not keeping her professional obligations of teaching the children and did not care about the well-being of another individual. While being the teacher of the students, she took no accountability for her poor actions. She was dishonest and gave any grades that she desired to give on each student’s report card by how she liked them only. As a professional in the education field, she did not have the competence to teach any special needs
Sudhakar & Arumugam, (2015) have found that one of the problems of the teacher in the classroom is, on how they handle or manage their class. Like disruptive talking, chronic avoidance of work, clowning, interfering with teaching activities, harassing classmates, verbal insult, defiance and hostility, ranging from infrequent, mild to severe is a student misbehaviour inside the classroom. These disturbing behaviours in the classroom are intolerable and stress-provoking, and they had to spend a great deal of time and energy to manage the classroom according to the report of the teachers. The smoothness and effectiveness of teaching also impede the learning of the student and his/her classmates. Research findings have shown that school misbehaviour