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Preemtping Liability - Education

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Preempting Liability

School districts, administrators, and employees are expected to produce a safe place for students. Duties of supervision in today's schools are imperative to the wellbeing of all students. Schools, administrators, and teachers are required to provide sufficient supervision for students throughout the day in order to provide a safe atmosphere intended for students. Establishing a safe school for all students is of the utmost importance. Duties of supervision in schools should not be taken lightly given that school districts and employees could in fact encounter liability issues.

To be on duty, one must be nearby and focused on all students and surrounding areas. The level of supervision that is necessary must be adjusted to the actual activities as well as to the needs of the students who are involved in the actions of the activity or event. When determining the amount of supervision necessary, several factors must be considered. Young students necessitate additional supervision in comparison to students who are older and more mature. Students with disabilities also require more supervision than other students since they are unable to carry out various activities. When students are participating in an outdoor activity or attending an event off campus, more supervision is necessary. Whatever the case may be, teachers and administrators must be attentive to any occurrences that may transpire. This includes being perceptive to the safety of the school environment as well as the personalities and behaviors of the students who attend. When proper supervision is not implemented, it is probable that injury to a student may occur. This in turn may lead to a charge of negligence on the part of the teacher who was on duty (Essex, 2008).

The general rule for student supervision is that schools have a duty to protect students in their custody from reasonably foreseeable harm. However, that does not mean that schools are the insurers of the safety of pupils. Instead, a school district has a duty to anticipate reasonably foreseeable dangers and to take precautions to protect the children in its custody from such dangers. Schools have "custody" of children and a duty to supervise, when the child is at school during the school day or at a school sponsored activity ("School supervision problem," 2010).



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