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Teacher Negligence Stefanie Schmitz and Rebecca Troop TED 420 Summer 2010 Dr. Scheurman

PDF on teacher negligence: http://www.plu.edu/~labsafe/doc/negligence-duites.pdf

DEFINITION OF NEGLIGENCE Conduct that falls below a standard of care established by laws to protect others against unreasonable harm.

The teacher has three basic duties related to the concept of negligence: 1. Duty of Instruction 2. Duty of Supervision 3. Duty of Maintenance

TYPES OF NEGLIGENCE 1. Malfeasance – doing what should not have been done. Example: Instructing students to use benzene or carbon tetrachloride in solubility experiments. 2. Misfeasance – performing a lawful act improperly. Example: Instructing students or pour water into a beaker of sulfuric acid to prepare a more dilute solution. 3. Nonfeasance – Failing to do what should be done. Example: Allowing students to perform flame tests without wearing safety goggles.

PRUDENT PRACTICES TO REDUCE TEACHER LIABILITY 1. Develop a safety plan and put it in writing, then circulate it to superiors. 2. Keep records of your activities. Demonstrate that you are progressing through points on the safety plan. 3. Document all accidents and the actions you took in response. 4. Keep records of prior activities. 5. Conduct regular inspections of work area, identifying potential problems. Inform supervisors of problems and actions that would correct hem. Do this in writing. 6. Assume responsibility by: Selecting safe experiments Explaining safe practices to students Maintaining discipline Not delegating authority 7. Anticipate potential hazards and eliminate them before you suffer adverse consequences.