Teacher Negligence in Early Childhood Education, Thesis of Accounting

Download Teacher Negligence in Early Childhood Education and more Thesis Accounting in PDF only on Docsity! ECE 673 Education Law Presentation—Outline Ashford University ECE 673 Advocacy, Policy, and Social Justice in Early Childhood Education Outline—Teacher Negligence 1. The topic for the final presentation will be on teacher negligence. After being in this field for 16+ years, I have seen and heard of more teacher negligence than ever. a. Attention Getter—How would you feel if you discovered your child was a victim of being harmed under the school’s eye? Knowing that your child’s rights were violated, what would you do? b. Presentation Purpose—The presentation’s intent is to showcase and analyze the five tort elements of teacher negligence to determine if the teacher is liable for any harm towards a child and their rights. c. Background Information—At any time when children are under the care of any school, teacher, or administrator, the child’s personal rights have to be in the front of their minds at all times. The possibility of teacher negligence needs not to be overlooked. Teachers and all school staff are mandated reporters, advocates and required to build and maintain a learning environment that is safe for all children. 2. Main Point—Duty (1st element) a. There are several factors that come into play when considering teacher negligence. They have a duty to protect any and all children in their care from any harm or injuries. b. Subpoint— For instance, if the teacher or staff are only attempting to restrain a child, more leeway is given. According to Newnham (2000), “This duty is not absolute and only extends to protection from harm where the risk of injury is reasonably foreseeable” (pg. 46). c. If the teachers or school staff go overboard in the punishment, which results in a child injury or a child being harmed, teachers and the staff are not maintaining a duty of care and run the risk of a lawsuit. 3. Main Point—Breach of Duty (2nd element) a. Once the duty of care has been established, the courts must prove that the school staff or the teacher failed to meet the duty of care of the children. b. When the teacher unjustly fails to carry out their duty of care, the duty is officially breached. According to Underwood (2021), “In carrying out duties, one is expected to act as an ordinary, prudent, and reasonable person considering all of the circumstances involved” (Para 12). c. It can be challenging to prove this; however, in order to establish the case that there was a breach of duty, showcasing that a rationally judicious individual would have acted sensibly, and additionally, would not have breached duty of care. 4. Main Point—Cause-in-Fact-Causation (3rd element) Proximate Causation (4tth element) a. This is the most challenging to prove, even if the first two elements have been proven. If unable to prove causation, the case of teacher negligence will drop (Newnham, 2020). b. The breach of duty for the teacher or staff has to result in either a direct injury or indirect injury.