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WGU Foundations of Teaching

TermDefinition, etc.
Tort Liability Conditions that permit the filing of legal charges against a professional for breach of duty or behaving in a negligent manner.
Proximate Cause Teacher's failure to do her duty resulting in loss or injury (part of tort). direct cause of liability
Intentional Tort Assault, battery, intent to do harm, defamation.
Liability The responsibility to perform a duty placed on a particular group. Injury must occur if liability is to be established (part of tort).
Negligence Breach of your duty, as a teacher, to protect students from unreasonable risk of harm.
4 Elements to establish negligence 1. teacher has a duty to protect student; 2. duty is breached by failure to exercise appropriate standard of care; 3. teacher's negligence is the proximate cause of injury; 4. an actual injury to student occurs.
Contributory Negligence Student is partially at fault.
Comparative/Shared Negligence Injured party may recover damages only if found less negligent than the teacher.
Strict Liability Injury resulting from special circumstances (e.g., hazardous materials not kept out of the reach of children).
Duty and Standard of Care School officials/teachers have duty to anticipate foreseeable dangers and take necessary precautions to protect students: adequate supervision, maintenance, warnings
Breach of Duty Failure to supervise, maintain a safe environment, and give proper instruction (part of tort).
malfeasance Describes any act that is wrongful and gives rise to, or somehow contributes to, the injury of another.
misfeasance irresponsibly/improperly carrying out one's duties
nonfeasance failure to perform an official or legal duty.
In loco parentis "in the place of parents" - teachers required to use the same judgement/care as parents in protecting the children under their supervision.
Educational malpractice liability for injury that results from the failure to provide students with adequate instruction, guidance, counseling, and/or supervision.
Most school tort actions can be grouped into 3 categories negligence, intentional tort, defamation
statutes of repose in states that allow exceptions to statute of limitations, this limits perpetual right to sue.
Teachers must report abuse, what are the signs?(4) neglected appearance, sudden changes in academic or social behavior, disruptive or overly compliant behavior, repeated injuries such as bruises, welts or burns
Created by: gdglgrl