Class 12

Introduction

Many legal issues are pertinent to agricultural education professionals of all types. One of the most persistent legal concerns for teachers should be liability. We all believe that our first concern is the safety of our students. After all, as minors they are entrusted to us as adults and as professional teachers. We accept responsibility for them during the time they are in our care, whether that time be for a 45 minute class or a week-long trip to the National FFA Convention. The responsibility we accept is to care for our students’ safety and well being just as much as it is to provide them with an education. Few things would be as painful to a teacher as having to face a parent or guardian and explain how their child was injured while in that teacher’s care. Nevertheless, a corollary to that primary concern for our students’ safety is the equally legitimate concern secondary concern for our own well being with regard to professional liability.

That said, you could become a little “crazy” by worrying too much about liability. As long as you do your job well and make good decisions, you should never be faced with a liability concern. The vast majority of teachers complete their entire careers without ever being involved in any kind of lawsuit. In fact most people go through their entire lives without ever suing anybody or being sued. Lawsuits against teachers for professional practice are really quite rare and you will probably never face that particular problem, but….

On the other hand, you have to be a little “crazy” not to be concerned about liability. Liability lawsuits against teachers are a lot like the lottery (only bad). You don’t “hit” often, but for the unlucky teacher on the receiving end of a lawsuit the results can be devastating, regardless of who wins.

Learning Objectives

I. Differentiate between Liability & Tort, Normal & Special Responsibility

II. Explain the major kinds of tort

III. Outline the elements of negligence

Instructional Activities

Take the Liability pre-test to see how much you know. 

I. Differentiate between Liability & Tort, Normal & Special Responsibility

• Read this article regarding tort and lawsuits by Mitchell L.Yell on the Center for Effective Collaboration and Practice website. Make sure to read the entire article by clicking the "next section" at the bottom of each page.

II. Explain the major kinds of tort

• View the Powerpoint in the Class Visuals section

III. Outline the elements of negligence

• Download and read this article: Teacher Liability: What We Don't Know Might Hurt Us by Angela Maynard Sewall, of the Department of Educational Leadership at the University of Arkansas at Little Rock

IV. Explain how to minimize liability exposure 

• View the Powerpoint in the Class Visuals section

• Read the North Carolina Act (House Bill 1032 known as the Deborah Greenblatt Act) that outlines permissble use of seclusion and restraint in NC schools.
• The NC Department of Public Instruction released this brochure outlining Reasonable Force as defined by House Bill 1032.
  

Class Visuals

View this week's PowerPoint presentation on Liability or Download slides and the transcript.

Assignments

Links of Interest