• October 30th, 2015

Unit 4

Assignment Requirements

Topic 1:

Read the case study “Liability and the Substitute Teacher” found on page 186 of your text and answer all related discussion questions listed on page 186. Your answers should be numbered and your response to each question should include case citations, statutes/laws, or authority that supports your position. Each answer should contain your understanding of the law, as it relates to the question that has been posed, as well as the legal authority and analysis you used in arriving at your answer. Your answers should be comprehensive and reflect an understanding of the problem presented and the legal resolution and include a minimum of two cites/references and 500 word minimum.

Liability and the Substitute Teacher

Linda Collins was employed as a substitute teacher for Walnut Grove High School in a mid-

size industrial city. She generally substitutes fifteen to twenty days per month at various

schools in the district. On the day she substituted in a shop class, one student was sexually

assaulted by another student behind a portable chalkboard. Parents of the assaulted child filed

a suit against the school district.

Discussion Questions

1.

Is a substitute teacher held to the same standard as a regular teacher? Why or why not?

2.

Does sexual assault of a student by another automatically result in liability? Why or why not?

3.

What factors would determine whether liability claims are valid?

4.

Based on factors you identified in question 4, how would the court likely view this case?

5.

Defend your response regarding the court’s position in this case

Topic 2:

Read the Case Study “Liability and Playground Supervision” found on page 187 of your text and answer related discussion questions listed on page 187. Your answers should be numbered and your response to each question should include case citations, statutes/laws, or authority that supports your position. Each answer should contain your understanding of the law, as it relates to the question that has been posed, as well as the legal authority and analysis you used in arriving at your answer. Your answers should be comprehensive and reflect an understanding of the problem presented and the legal resolution. Include a minimum of two cites/references and 500 word minimum.

 

Liability and Playground Supervision

Three elementary school teachers are assigned to supervise the children who are playing on the

playground. There are approximately a hundred children engaged in a number of playground

activities. Since these teachers do not have much opportunity to chat with each other during the

school day, all of them decide to bring chairs to the playground and engage in conversation while

observing the children. During this time, one child sustains a serious injury when he is struck by

a rock thrown by another student.

Discussion Questions

1.

What is the legal issue in this situation?

2.

What factors will determine liability?

3.

Can all three teachers be held liable? Why or why not?

4.

How do you think the court will rule in this case? Give a rationale for your response.

5.

Develop a set of guidelines regarding playground supervision.

 

 

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