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Andrea D. Young IT 2010 Fall 2013 9/16/2013 Legal Liabilities in Teaching h!sical "ducation #e$ore I began %!

search into the legal liabilities in h!sical "ducation& I didn't reali(e ho) %an! there )ere in *lace. There is a di$$erence in the liabilities o$ ." teachers and non+ . " teachers. In a regular classroo% there isn't a lot o$ %o,e%ent& !ou enter and ha,e a seat %ost o$ the ti%e but in a ." class there is %o,e%ent associated )ith it. This is )here the change in liabilit! starts to ta-e *lace. .hen !ou co%bine %o,e%ent& e/ui*%ent and )ater 0s)i%%ing *ool or sho)er1 there are *otential $or in2uries to occur. There are %ore legal liabilities in h!sical "ducation than in an! other sub2ect taught in school. Teachers need to understand the ris- associated and students should not be e3*osed to *h!sical tas- be!ond their abilit!. eo*le are %ore a)are o$ their rights 0*.1221 and teaches should stud! the la)s

in,ol,ed )hile *re*aring $or their *ro$essional careers. 4It is )orth noting that toda!& *eo*le are beco%ing %ore a)are o$ their rights under the la). This has $urther a)a-ened the need to ensure that h!sical "ducation teachers are re/uired to -no) the legal i%*lications o$ negligentl! caused in2uries in ." class and also $ashion+out 4*re,enti,e %entalit!5 in res*ect o$ these in2uries5 0Alla Joseph Babalola, Ajibua Michael Alayode) . .hen )e s*ea- on negligence& the le,el o$ negligence is deter%ined in la)suits. .e %ust as-& )hat role did the teacher *la! in atte%*ting to a,oid conditions that led to the in2ur!6 .hat *art did the! *la! in su$$icientl! or i%*ro*erl! *ro,iding ade/uate care a$ter an in2ur!6 Did the teacher act accordingl! )ith *ro$essional standards6 There are di$$erent *arts o$ negligence such as dut!& breach o$ dut!& cause and da%age& all areas %ust be *resent to be considered negligence. 7o%e o$ the t!*ical areas o$ negligence in h!sical "ducation are 7u*er,ision& Instruction& 8lassroo% "n,iron%ent& First Aid "%ergencies and Trans*ortation. To address a $e) o$

those areas& Teacher 7u*er,ision is deter%ining )hether students are *ro*erl! and sa$el! e3ecuting the acti,ities& %aintain an acti,e and ongoing *rocess o$ su*er,ision throughout the acti,ities and the! should also encourage *eer su*er,ision in con2unction )ith the teachers' su*er,ision. The role o$ instructions )here the teacher9s liabilities are tied directl! to students not being *ro*erl! and su$$icientl! instructed be$ore *re$or%ing an acti,it!. 7tudents should not be as-ed to *er$or% %o,e%ents the! are not ca*able o$ 2udging. In the classroo% en,iron%ent the teacher Teachers %ust be ,igilant and a)are o$ *otentiall! dangerous conditions on a dail! basis& there should be enough s*ace bet)een the% to hel* decrease *otential incidents and the! should onl! use the e/ui*%ent in the %anner it )as designed $or. ",en )ith all the *recautions ta-en& things can still ha**en so teacher should de$initel! be $irst aid certi$ied and current because as I -no) %o,ing students are %ore at ris- than their sedentar! *eers and teachers should be e3*ected to *ro,ide the a**ro*riate assistance to an in2ured student. First Aid is treat%ent $or in2uries or sudden illnesses be$ore the in2uries *erson has access to the hos*ital care or treat%ent $acilit!. Teachers should be trained in $irst aid and hold current $irst aid certi$icates. First aid *rocedures should be de,elo*ed )ith colleagues and school sta$$& *rocedures should be *er%anentl! dis*la!ed throughout the school and the! should be incor*orated into class ob2ecti,es. Trans*ortation to acti,ities outside o$ the school is certainl! a liabilit! concern and school *olicies& *rocedures and *ractices at all ti%e. :a-e sure !ou get the *arents to sign a consent $or%. 4The legal s!ste% has signi$icantl! in$luenced the e,er!da! o*eration o$ A%erican *ublic schools in the last 20 !ears. #ecause o$ the increasing *robabilit! o$ teacher in,ol,e%ent in a legal incident& a )or-ing -no)ledge o$ the la) as it relates to *h!sical education is i%*ortant&5 0;regon 7tate De*t. o$ "ducation& 7ale%& Legal/Legislati,e/<egulator! :aterials *. =01. 7o )ith 2ust these liabilities there is a de$inite need to -no) the la)s and national standards.

<e$erence #abalola& Alla >ose*h& and A2ibua :ichael Ala!ode. ?7ources ;$ Legal Liabilit! A%ong h!sical "ducation Teachers.? International Education Studies =.3 020121@ 193. Publisher Provided Full Te t Searchin! File. ;regon 7tate De*t. o$ "ducation& 7ale%. "e!al "iability In The #y$nasiu$. n.*.@ 19AA. E%I&' ))).long)ood.edu/sta$$/col,ina!/BIC7D203EA/Legal (issues'ppt