1. Copyright © 2010 Pearson Education, Inc. PowerPoint ® Lecture Slide Presentation prepared by Mary J. Sariscsany, California State University Northridge DYNAMIC PHYSICAL EDUCATION FOR ELEMENTARY SCHOOL CHILDREN R O B E R T P A N G R A Z I S I X T E E N T H E D I T I O N Chapter 9 Legal Liability, Supervision, and Safety

2. Copyright © 2010 Pearson Education, Inc. Legal Liability  School district personnel are obligated to exercise ordinary care for student safety  Physical education particularly vulnerable to accidents and injuries  All students have the right to freedom from injury  Liability: the responsibility to perform a duty to a particular group  Carry out duty reasonably and prudently

3. Copyright © 2010 Pearson Education, Inc. Legal Terms and Issues  Tort  Teacher/student relationship  Award money for damages that occurred

4. Copyright © 2010 Pearson Education, Inc. Legal Terms and Issues  Negligence and Liability  Breach of duty through negligence  Determining teacher liability due to negligence  Duty  Breach of duty  Proximate cause  Damages  Foreseeability  Foresee potentially harmful situations

5. Copyright © 2010 Pearson Education, Inc. Legal Terms and Issues  Types of Negligence  Malfeasance  Misfeasance  Nonfeasance  Contributory negligence  Comparative or shared negligence

6. Copyright © 2010 Pearson Education, Inc. Legal Terms and Issues  Common Defenses Against Negligence  Act of God  Proximate cause  Assumption of risk  Contributory negligence

7. Copyright © 2010 Pearson Education, Inc. Areas of Responsibility  Two-tiers  Administrative duties  Instructor/staff duties  Supervision  All activities supervised  Recess, lunchtime, field trips  Administration  Staff

8. Copyright © 2010 Pearson Education, Inc. Adequate Instructional Supervision  Immediate vicinity  Adequate replacement if leaving the site  Procedures planned and incorporated into daily lessons  Procedures include what to observe and listen for, where to stand  Participants’ age, maturity and skill ability to always be considered

9. Copyright © 2010 Pearson Education, Inc. Areas of Responsibility  Instruction  Responsibility rests primarily with the teacher  Administration  Review and approve the curricular plan  Support the program with adequate funding  Instructional staff  Duty to protect students from reasonable harm  Adequate instruction  How to perform activities correctly, equipment properly  Teach necessary safety precautions

10. Copyright © 2010 Pearson Education, Inc. Ensuring Safe Instruction  Sequence activities appropriately  Scrutinize high-risk activities  Developmentally appropriate  No compulsory participation  Safety as part of lesson plan

11. Copyright © 2010 Pearson Education, Inc. Ensuring Safe Instruction  Honor notes or injury claims  Equipment and space issues  Spotting  Clear instructions for independent practice  Written emergency plan

12. Copyright © 2010 Pearson Education, Inc. Emergency Care Plan  Learn about special health and physical conditions of students  Establish emergency care procedures  All Physical Educators have first aid training  Plans consist of the following steps  Administer first aid as the first priority  Notify parents ASAP when emergency care is required  Release the student to parent  Promptly complete an accident report

13. Copyright © 2010 Pearson Education, Inc. Equipment and Facilities  Administration  Instructional Staff

14. Copyright © 2010 Pearson Education, Inc. Personal Protection  Liability insurance  Record keeping  Safety and liability checklists  Supervision and instruction  Equipment and facilities  Emergency care  Transportation of students

15. Copyright © 2010 Pearson Education, Inc. The Sports Program  The following often result in lawsuits  Mismatched opponents  Waiver forms  Medical examinations  Preseason conditioning  Transportation of students