1 Legal Liability

2 Liability Someone at fault This fault leads to or causes injury or death That someone above is legally responsible for the injury or death

3 Negligence Failure on part of the PE teacher to act in a manner that is judged Reasonable Careful Prudent for someone with that level of training/status Prudent or reasonable principal Negligence must be proven in court

4 Proving Negligence Established duty Breach of duty Nonfeasance Malfeasance Misfeasance Foresee-ability Damage Proximate cause

5 When in an Injury not Negligence? Contributory negligence Proximate cause Act of God

6 Considerations for Safety Do you know the student with disabilities? ID specific health/medical problems (send home medical information form). Learn about each child’s specific disability and learning characteristics as they relate to safety (medical form). ID any contraindications/restrictions to activity Talk or communicate with child’s parents.

7 Considerations for Safety Get involved in the IEP process Attend IEP meetings. Share your concerns for PE with team. Provide specific information about your program to team. Help write the PE portion of the IEP. Talk with specialists who work with student.

8 Considerations for Safety Conduct formal and informal assessment Note behaviors that relate to safety Note cognitive delays that relate to safety Note sensory problems that relate to safety Determine motor abilities as they relate to safety Determine fitness as it relates to safety

9 Considerations for Safety Examine the Teaching Environment Is movement space adequate? Are there clear, easily recognized boundaries? Is equipment set up in a safe manner? Accessibility - including lockers, playing fields? Exits (easy for child with physical disability to leave gym; problems with runners)

10 Considerations for Safety Equipment Check equipment for adequate repair. Availability of adapted equipment (and do you know how to use it). Wheelchairs (do you know how to quickly and safely get child in and out of w-chair). Demonstrated to class how to use equipment safely.

11 Considerations for Safety Utilize safe teaching techniques Establish safety rules (and make sure all students understand these rules)? Plan for adequate supervise all areas. Modify instruction as needed so all understand. Adequate time for proper warm-ups? Age appropriate activities - children are not participating in activities beyond their abilities?

12 Considerations for Safety Modifications to content to insure safety Use multi-level curricular selection techniques to promote safe participation Utilize curricular overlapping techniques to promote safe participation Utilize alternative curriculum including pull-out to promote safe participation

13 Emergency Plan Preparation ID kinds of injuries and emergencies Learn emergency care for each Create incident reporting system Examine medical info; talk to parents & SPED Plan Create written emergency plan Write out detailed protocols for dealing with specific emergencies and for seeking assistance

14 Emergency Plan (continued) Learn and Rehearse Each staff member/student knows role. First aid equipment is routinely checked/ready. Staff members know how to use equipment. Plan developed with input from community emergency medical crews (approx. time to reach medical facility is determined). Plan in rehearsed.

15 Emergency Plan Follow-up Follow-up procedures for seriously injured person exists and are used. Parents are notified in uniform manner. Means to work with media exists and are used. Entire system is known by all, rehearsed often, and updated as needed. Legal counsel are invited to review system.