Teacher liability and safety – Flashcards
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IEP Components
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Current level of child, short term objectives and long term goals, Placement recomendations, statement of services needed, dates of anticipated services, and criteria to determine if goals are being met.
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Proximate Cause
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The accident was not caused due to teacher negligence. Example: the teahcers location did not have any effect on the accident. It would have occured regardless of her location.
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Forseeability
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Anything that can cause injury and could be prevented.
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Misfeasance
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Teacher follows proper procedure but fails to perform according to standard.
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Malfeasance
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Teacher commits an unlawful act with no legal bias. Act of commission.
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Nonfeasance
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Lack of action in carrying out a duty. Act of ommission-the teacher failed to follow the proper procedures.
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Comparative
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The injured party can recover only if found to be less negligent than the teacher.
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Contributory
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Improper behavior by the injured party caused the accident
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Liability
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The responsibility to perform a duty to a particular group.
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Tort elements
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Existence of legal duty from defendant to plaintiff, Breach of duty, Damages as proximate result.
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Torts
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An injury for which the court will provide a remedy in the form of an action for damages.
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Determination of liability
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Duty, Breach of Duty, Proximate cause, Damages
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Emergency care plan
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Administer first aid, notify parents, release students, complete accident report
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Adequate supervision
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In immediate vicinity, have replacement before departure, supervision in lessons, procedures include what to observe, participants age ans skills taken into consideration.
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Adequate instruction
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Teaching children how to perform activities correctly, Teaching students safety precautions, Lesson plans include proper sequence of skill.
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Negligent
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Breach of duty where an injury occurred
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Act of God
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Teacher could not control or predict unsafe condition.
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Assumption of risk
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Participants accept risk associated with activity
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Steps after an accident
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stop class movement, give attention to injury, emergenc care plan: call appropriate people, write accident report
