Education and Schooling

Session #9Week of January 5, 2009

Asst. Prof. G. Sharpe

Today at a Glance• Attendance/Welcome Back!• Two possible exam-type questions in this weeks

session• Web Resource and Class Announcements• Your Philosophy of Education Assignments• Winter Term Assignments- Critical Reflections &

Student-Led Seminars• Key Legal Terms (Duty of Care/Standard of Care)• Charter Protection for Children• School and District Policies• Negligence Case? (Duty of Care, Standard of Care,

Breaching Standards)• Case Study in Teacher Negligence?• Specific Areas of Responsibility for Teachers• Your Legal Responsibilities-School Trips

Web Resources/Class Announcements

• www.teachersmortageplan.com • Change in Office Hours- Tuesday’s and

Wednesday’s 1-3 pm, H337• Come in and talk about resumes, cover letters,

assignment difficulties, interviews etc.• The Canadian Civil Liberties Association will

be here for an hour and a half, the week of January 19th…a schedule will be forwarded to you soon via your section rep. –There will be one scheduled presentation during the week of the 19th

Philosophy Of Education Assignments

• The assignments were really well done• A few students may have release forms stapled to the

back of their assignment and rubric….for my web page next year

• Marks ranged from 7-10• Missed Marks?- Professionalism Section and

Reflecting upon your own elementary education and your practicum experience (please see your posted rubrics)

• Disagree with your mark or I’ve added it up wrong? Please drop by my office, H337.

• Please pick up your assignments after our session today• Questions?

Winter Term Assignments

• Your Critical Reflections are due the week of the 12th of January (our last class together of that week)

• Please check the posted exemplars and follow the outline and rubric provided in the course syllabus

• 3-5 pages in length, double-spaced• Pick a specific incident in your practicum experience,

tease it out and highlight what you have learned from it• I will assure you complete confidentiality• Please give me a few weeks in order to mark them all• Thoughts or Questions?

January Presentations• Seminars begin the week of the 19th of January (1 presentation plus the

C.C.L.A. presentation)• Groups and order of presentations have been determined• Subject Content is up to you (check with me if you’re unsure the content

is appropriate)• I will not require you to meet me before your seminar to go over your

work• Treat your presentation like a Professional Seminar• Include Critical Thinking in your Presentation• Include Applicable student group work/discussion• Have handouts/summary brochure prepared for all section mates plus

myself• References must be included• Rehearse! Your Presentation will be stopped after the agreed upon time

(50 minutes).• I will follow the assessment rubric provided to you in the course syllabus• Questions?

The Law and YouDefinitions of Key Legal Terms

• Needless to say, teachers are responsible for the well-being of students

• It is NOT expected that teachers be in full control of a child’s behaviour

• Document! • A teacher can be found liable (criminally

responsible) for any injury if it can be shown that the teacher was somehow negligent in their assigned responsibility

Key Legal Terms

• We have to provide our students with a safe and orderly environment

• Research has shown that children respond well to structure and predictability

• Consider the school environment (bells ring telling both teachers and students when to break, when to eat, when to transition to the next period etc.)

• Students are accustomed to this and respond well when they know what to expect (this also applies to your behaviour and how you respond to problems that may arise in your classroom) this refers to the “unexpected.”

Key Legal Terms (2)

• Since it’s our duty to provide a safe, structured environment for our students, it’s important that we have a working understanding of the legal and regulatory frameworks that govern schools

• The School Act (province to province) outlines the obligations of teachers and principals to maintain order and discipline in our schools

• Educators must make sure that decisions made on discipline matters in our schools are made in accordance with the Canadian Charter of Rights and Freedoms

• The Canadian Civil Liberties Association will address these issues (school/locker searches, areas that reflect sensitive cultural issues etc.)

• The Canadian Charter of Rights and Freedoms ensures that student rights are respected

Charter Protection for Children

• Protects a students freedom of expression, or mobility in the classroom (to a certain extent)

• What does “mobility in the classroom,” mean?• Discipline and Criminal Issues (protection

against unreasonable detentions, unlawful searches, and procedural fairness issues are key)

• Discrimination issues (religious practice etc.)

School and District Policies and Teacher Negligence

• Teachers are subject to policies established by schools, school boards, superintendents and school principals

• The following would be a good examination question! Determining Teacher Negligence (or lack of it!)

• Negligence Cases for teachers follow a Three-Step Incident Analysis.

• 1. Duty of Care • 2. Standard of Care • 3. Was the Standard of Care Breached?

Negligence Cases

• Duty of Care-

• Teachers must take reasonable steps to minimize a students risk of injury

• Duties of Care extend both inside and outside of the classroom

• Teachers must make sure that students are not to exposed to any unnecessary risk or harm

Standard of Care

• Standard of Care may vary depending on circumstances

• Courts attempt to establish what a “reasonable person,” would do in similar circumstances: the question is one of good judgment on the teacher’s part

• Courts have determined that a teacher’s standard of care is that of a “careful parent” (remember this!)

• Some of the factors that are considered in determining appropriate conduct of teachers in a particular situation are:

Standard of Care (2)

The following characteristics will be used when assessing a teacher’s negligence:

• The age of the students • The nature of the activity • The amount of instruction given to the

students • School policies • Foreseeable risk of danger• Previous accidents in similar situations (“A PAIR A”)

Was The Standard of Care Breached?

• The law expects teachers to act reasonably to minimize the occurrence of accidents

• Courts must consider if students contributed to their own misfortune (student accountability!)

• Courts also consider what damages, if any, were suffered by the injured person

Case Study in Teacher Negligence?

• Mr. Jones has recently graduated from Nipissing University and is supply teaching for the first time. Ms. Gray’s detailed lesson plan lists “Duck, Duck, Goose,” for her grade two students in gym class. Mr. Jones decides to deviate from the lesson plan and goes with floor hockey instead. Mr. Jones splits the students into four equal teams, divides the gym in half, designates team goalies and starts. The children are excited. One of the children, while trying to take a slap shot, clips a girl in the eye. She’s cut and bleeding. The principal comes into the gym to pick up Betty. She tells Mr. Jones that she would like to see him after school. Was Mr. Jones negligent? Why? Why not?

• Thoughts? • Consider Duty of Care and Standard of Care. • Was the Standard of Care Breached?

Specific Areas of Responsibility for Teachers

• The Classroom- duty to supervise students in the classroom

• If a teacher is absent from a room and a student is hurt? Courts will explore the reasons for the absence, its duration, the type of accident, and the nature of the class

• Playgrounds- was adequate supervision provided?-Recent research in the area regarding teacher supervision of playgrounds and school yards suggests….?

Specific Areas of Responsibility for Teachers (2)

• Special Classes and Labs- classrooms where there are increased dangers such as using special equipment, potentially dangerous tools, hazardous chemicals, open flames etc. requires a greater degree of teacher supervision

• Specialist Teachers (shop teachers, family studies etc.) are held to a higher standard of care)

Specific Areas of Responsibility for Teachers (3)

• Teachers who take students on field trips or are in charge of high risk activities (sports etc.) may be directly confronted with Emergency Situations

• Emergencies- teachers are expected to take reasonable measures when dealing with emergencies

• CPR Courses, Basic First Aid are recommended for teachers

• Scenario- Your star basketball player has asthma. It’s the fourth quarter and you notice she’s breathing heavily. You call a time out and talk to her. Her chest is heaving, her face is red, but she assures you that she’s okay. What would you do?

Specific Areas of Responsibility for Teachers

• The following would qualify as an excellent exam question!• Field Trips- Protecting against liability is a must for field trips• More on Liability Legislation later• Always think….. Duty of Care and Standard of Care You must act like a

reasonable and careful parent!• Field Trips are decided upon in Sept./October• Excursions must be curriculum related• Using proper risk management can help reduce the possibility of a

negligence lawsuit • You MUST HAVE parental permission forms, proper insurance and safe

practices in place before going on any trip• You must contact the trip site and inquire about student/adult ratios• Take NOTE! Taking parent volunteers along? Please send a DETAILED

note home regarding what role parents will play on the trip and what you expect of them. Review these expectations before boarding the bus. Give parents a hard copy of the trip’s expectations

• DO NOT assume students understand anything! (crossing the street etc.)

Field Trips, Liability and You!• You must review bus, lunch, walking expectations before leaving the

school and review these expectations repeatedly before undertaking the trip

• Student Medication/Allergy Concerns Etc. You must be aware of all of them- Epi-Pens?

• Predetermine Student Groups and your seating plan before getting on the bus, the office will require a copy of your bus seating plan before departure

• Have parents placed strategically throughout the bus• Teachers sit in the back of the bus? Why?• Attendance is taken before leaving the school, at lunch and before

returning to the school• Walkie-Talkies?- Keeping in contact with fellow staff members on the trip• Check in with the principal using the school’s cell phone at lunch (if

required)• A child does not go on the trip without a signed permission form• Students are often issued bus tags with important information (phone

numbers etc.) they must have them on their person before leaving the school

• Organization and Risk Management are your keys to success!