Science Teaching Science Teaching and the Lawand the Law

Disclaimer: I’m not a lawyer, so Disclaimer: I’m not a lawyer, so I can’t give legal advice. But I...I can’t give legal advice. But I...

will make some reasonable suggestions and will make some reasonable suggestions and recommend that you carry liability insurance - recommend that you carry liability insurance -

even as a student teacher.even as a student teacher.

LEGAL CONSIDERATIONSLEGAL CONSIDERATIONS

Illinois Association of School Boards Illinois Association of School Boards

(Fourth Edition, 1996)(Fourth Edition, 1996)

Safety from a LegalSafety from a LegalLiability ViewpointLiability Viewpoint

Only act with students in your official capacity as Only act with students in your official capacity as teacher.teacher.– you can safely send a student to retrieve something needed in class from a you can safely send a student to retrieve something needed in class from a

school official, another teacher, or even a storeroomschool official, another teacher, or even a storeroom

– you can not safely send a student to perform a personal favor no matter the you can not safely send a student to perform a personal favor no matter the locationlocation

Never put yourself in a potentially litigious situation Never put yourself in a potentially litigious situation (“behind closed doors”).(“behind closed doors”).

Consider carrying liability insurance (IEA, STT-level Consider carrying liability insurance (IEA, STT-level membership, $1M).membership, $1M).

The type of liability depends upon type of offence:The type of liability depends upon type of offence:– willful and wanton misconductwillful and wanton misconduct

– negligencenegligence

– failure to follow safety requirementsfailure to follow safety requirements

– violation of civil lawviolation of civil law

LiabilityLiability

Criminal liability -- you do something against Criminal liability -- you do something against civil law:civil law:– Physical abuse or sexual misconductPhysical abuse or sexual misconduct– Theft of school property or misappropriation of fundsTheft of school property or misappropriation of funds– Improperly releasing student gradesImproperly releasing student grades

Typically willful and wanton misconductTypically willful and wanton misconduct

Tort liability -- you do something opposed to Tort liability -- you do something opposed to professional ethics:professional ethics:– Inadvertently releasing student gradesInadvertently releasing student grades– Thoughtlessly putting students in dangerous situationsThoughtlessly putting students in dangerous situations– Providing faulty equipment or having unsafe environmentProviding faulty equipment or having unsafe environment

Typically negligent conductTypically negligent conduct

Willful & Wanton MisconductWillful & Wanton Misconduct

Willful and wanton misconduct is an Willful and wanton misconduct is an intentional act or an act committed under intentional act or an act committed under circumstances exhibiting a reckless disregard circumstances exhibiting a reckless disregard for the safety of others, such as a failure - for the safety of others, such as a failure - after knowledge of impending danger - to after knowledge of impending danger - to exercise ordinary care to prevent it or a exercise ordinary care to prevent it or a failure to discover the danger through failure to discover the danger through recklessness, or carelessness when it could recklessness, or carelessness when it could have been discovered by ordinary care.have been discovered by ordinary care.

NegligenceNegligence

Negligence is a failure to exercise the degree Negligence is a failure to exercise the degree of care which the prudent professional would of care which the prudent professional would exercise under similar conditions. exercise under similar conditions.

What is the difference between negligence What is the difference between negligence and willful and wanton misconduct?and willful and wanton misconduct?

Willful and wanton misconduct requires an Willful and wanton misconduct requires an intentional act or an act committed under intentional act or an act committed under circumstances exhibiting a reckless disregard circumstances exhibiting a reckless disregard for the safety of others; negligence is a failure for the safety of others; negligence is a failure to act when prudent and professional practice to act when prudent and professional practice calls for it.calls for it.

Immunity - Immunity - in loco parentisin loco parentis(Sections 24 and 38-84a of ISCL)(Sections 24 and 38-84a of ISCL)

Applies to teachers, not student teachers.Applies to teachers, not student teachers. Protects such persons from liability for negligence in Protects such persons from liability for negligence in

matters relating to supervision of students in school matters relating to supervision of students in school activities whether on or off school grounds.activities whether on or off school grounds.

Does not immunize teachers from liability for willful Does not immunize teachers from liability for willful and wanton misconduct.and wanton misconduct.

Does not apply to negligently supplying students Does not apply to negligently supplying students with faulty equipment or unsafe environments.with faulty equipment or unsafe environments.

School district can be held vicariously liable for School district can be held vicariously liable for willful and wanton acts of teaching acting within willful and wanton acts of teaching acting within scope of employment.scope of employment.

Teachers may not be held liable for the negligence of Teachers may not be held liable for the negligence of others.others.

Immunity - Tort Immunity Act Immunity - Tort Immunity Act (745 ILCS 10/1-101 (745 ILCS 10/1-101 et seq.)et seq.)

Immunizes local public entities (school districts) Immunizes local public entities (school districts) and their employees from certain types of and their employees from certain types of negligence. negligence.

Section 1-202 defines “employee” as “present or Section 1-202 defines “employee” as “present or former officer, member of a board, commission, former officer, member of a board, commission, or committee, agent, volunteer, servant or or committee, agent, volunteer, servant or employee, whether or not compensated.” employee, whether or not compensated.”

Section 210 defines “willful and wanton conduct” Section 210 defines “willful and wanton conduct” as “a course of action which shows an actual or as “a course of action which shows an actual or deliberate intention to cause harm that, if not deliberate intention to cause harm that, if not intentional, shows an utter indifference to or intentional, shows an utter indifference to or conscious disregard for the safety of others or conscious disregard for the safety of others or their property.”their property.”

Tort Immunity Act (cont.)Tort Immunity Act (cont.)

Section 2-201 immunizes public employees for liability Section 2-201 immunizes public employees for liability for injuries resulting from discretionary acts, but not for injuries resulting from discretionary acts, but not for acts that are ministerial.for acts that are ministerial.– ““Discretionary Acts” are made in determining Discretionary Acts” are made in determining

policy (what is done).policy (what is done).– ““Ministerial Acts” are required for performance of Ministerial Acts” are required for performance of

duty (how it is done).duty (how it is done). Section 2-204 immunizes public employees, acting Section 2-204 immunizes public employees, acting

within their employment, from acts or omissions of within their employment, from acts or omissions of others.others.

Section 3-108 immunizes a local public entity and a Section 3-108 immunizes a local public entity and a local public employee from supervising activities on local public employee from supervising activities on public property unless the entity or employee engages public property unless the entity or employee engages in willful and wanton conduct in the supervision.in willful and wanton conduct in the supervision.

Responsibilities of Responsibilities of Cooperating TeachersCooperating Teachers

Cooperating teachers have the duty of Cooperating teachers have the duty of supervising students in their own classroom supervising students in their own classroom (e.g., they can’t legally transfer this (e.g., they can’t legally transfer this responsibility to a clinical student, a student responsibility to a clinical student, a student teacher, or an non-certificated adult unless teacher, or an non-certificated adult unless that adult is a substitute teacher).that adult is a substitute teacher).

Cooperating teachers have responsibility for Cooperating teachers have responsibility for supervising clinical students and student supervising clinical students and student teachers and might be liable for their actions.teachers and might be liable for their actions.

Science Teaching and The LawScience Teaching and The Law

Laws Concerning EducationLaws Concerning Education Teacher LiabilityTeacher Liability The Science CurriculumThe Science Curriculum Avoiding Trouble: Ensuring Student SafetyAvoiding Trouble: Ensuring Student Safety Avoiding Trouble: Knowing the Special-Avoiding Trouble: Knowing the Special-

Interest and Pressure GroupsInterest and Pressure Groups Avoiding Trouble: Accounting for Funds and Avoiding Trouble: Accounting for Funds and

EquipmentEquipment If, Nevertheless, Trouble Comes...If, Nevertheless, Trouble Comes... Taking Positive ActionTaking Positive Action

Laws Concerning EducationLaws Concerning Education

Federal AuthorityFederal Authority– is power that comes from U.S. Constitution.is power that comes from U.S. Constitution.

– preserves general welfare of U.S. citizens.preserves general welfare of U.S. citizens.

State AuthorityState Authority– establishes and maintains public school system.establishes and maintains public school system.

– creates and enforces laws regarding education.creates and enforces laws regarding education.

School Board AuthoritySchool Board Authority– exercised over curriculum.exercised over curriculum.

– exercised in certain school procedures.exercised in certain school procedures.

Teacher AuthorityTeacher Authority– comes from various legal interpretations of law.comes from various legal interpretations of law.

– comes from mandates of the school board.comes from mandates of the school board.

– IS required to enforce law, school rules, and civil rights.IS required to enforce law, school rules, and civil rights.

Teacher LiabilityTeacher Liability Common law states that a school district, being a Common law states that a school district, being a

subdivision of the state, cannot be held entirely liable subdivision of the state, cannot be held entirely liable for injuries to pupils.for injuries to pupils.– some school boards protect teachers from legal liabilitysome school boards protect teachers from legal liability

– some teacher organizations insure teacherssome teacher organizations insure teachers Teachers, Teachers, in loco parentis,in loco parentis, are expected to are expected to

demonstrate reasonable care.demonstrate reasonable care. Teacher liability could result from failing the test of Teacher liability could result from failing the test of

foreseeability (field trips, errands, discipline, foreseeability (field trips, errands, discipline, transporting pupils in cars, labs, demos)transporting pupils in cars, labs, demos)

The teacher is responsible for the safety (physical and The teacher is responsible for the safety (physical and emotional) of students -- this includes enforcing civil emotional) of students -- this includes enforcing civil rights laws.rights laws.

The Science CurriculumThe Science Curriculum

Teachers are legally obliged to teach the curriculum Teachers are legally obliged to teach the curriculum set by the local school board and the state board of set by the local school board and the state board of education (Illinois Learning Standards -- Goals 11-13 education (Illinois Learning Standards -- Goals 11-13 primarily in science)primarily in science)

General methods of teaching are acceptable, but General methods of teaching are acceptable, but specific formats may be required for “delicate” topics specific formats may be required for “delicate” topics (sex education, AIDS, metric system, substance abuse, (sex education, AIDS, metric system, substance abuse, evolution, etc.)evolution, etc.)

Teachers must not deny education on the basis or Teachers must not deny education on the basis or race, religion, gender, sexual preference, disability, race, religion, gender, sexual preference, disability, national origin, etc.national origin, etc.

Teachers must be fully informed about legal Teachers must be fully informed about legal requirements & should speak with supervisor if in requirements & should speak with supervisor if in doubt. doubt.

Avoiding Trouble: Avoiding Trouble: Ensuring Student SafetyEnsuring Student Safety

All Illinois teachers are All Illinois teachers are Mandated ReportersMandated Reporters for child for child abuse (physical, emotional, sexual, etc.) abuse (physical, emotional, sexual, etc.)

Teachers must ensure students’ classroom safety.Teachers must ensure students’ classroom safety.– appropriate planningappropriate planning– safety instructionssafety instructions– safety equipment in science class roomsafety equipment in science class room– storage facilitiesstorage facilities– safe demonstration and lab equipmentsafe demonstration and lab equipment– eye protectioneye protection– first aid kitsfirst aid kits– tire and tornado regulationstire and tornado regulations

Physics teachers must concern themselves with the Physics teachers must concern themselves with the seven major hazards of physics teaching (electrical, seven major hazards of physics teaching (electrical, lasers and light, pressurized and vacuum systems, lasers and light, pressurized and vacuum systems, fires, toxic materials, and mechanical systems)fires, toxic materials, and mechanical systems)

Avoiding Trouble: Knowing Avoiding Trouble: Knowing Interest & Pressure GroupsInterest & Pressure Groups

There are several areas of public controversy:There are several areas of public controversy:– sex education and AIDS educationsex education and AIDS education– evolution, creation science, and intelligent designevolution, creation science, and intelligent design– religion and secular humanismreligion and secular humanism– life style choiceslife style choices– alcohol and drug abusealcohol and drug abuse– using animals for experimentationusing animals for experimentation– abortion, euthanasia, and fetal stem cell researchabortion, euthanasia, and fetal stem cell research

Teachers should always consult the school Teachers should always consult the school administration for policies relating to these and any administration for policies relating to these and any other areas of potential controversy.other areas of potential controversy.

Being aware that issues exist shouldn’t prevent you Being aware that issues exist shouldn’t prevent you from teaching a controversial subject, but look before from teaching a controversial subject, but look before you leap.you leap.

Avoiding Trouble: Accounting Avoiding Trouble: Accounting for Funds and Equipmentfor Funds and Equipment

Most school systems today require students Most school systems today require students to purchase their own textbooks.to purchase their own textbooks.

Some teachers deal with small amounts of Some teachers deal with small amounts of cash such as lab fees, breakage fees, and cash such as lab fees, breakage fees, and commodities. Deposit regularly; get receipts.commodities. Deposit regularly; get receipts.

Be certain money is spent only for those Be certain money is spent only for those purposes for which it was allocated.purposes for which it was allocated.

Money is best spent through official Money is best spent through official purchase orders, or reimbursed to teacher purchase orders, or reimbursed to teacher through official channels.through official channels.

If, Nevertheless, Trouble Comes...If, Nevertheless, Trouble Comes...

Don’t fight liability problems alone. ConsultDon’t fight liability problems alone. Consult– supervisors and administratorssupervisors and administrators

– union representativesunion representatives

– insurance companyinsurance company

– attorneys and state statutesattorneys and state statutes

– local, state, and national teacher organizationslocal, state, and national teacher organizations

Always act in a prudent and professional Always act in a prudent and professional manner. manner.

But, first, know your rights and limitations, But, first, know your rights and limitations, and make use of this information before you and make use of this information before you get into trouble.get into trouble.

Taking Positive ActionTaking Positive Action

Be proactive, not reactive.Be proactive, not reactive. Protect yourself.Protect yourself.

– Document procedures and events. Document procedures and events. – Find witnesses immediately.Find witnesses immediately.– Avoid compromising situations.Avoid compromising situations.– Avoid even the appearance of impropriety.Avoid even the appearance of impropriety.– Don’t be afraid to place blame where it belongs, but...Don’t be afraid to place blame where it belongs, but...– Never accept liability under any circumstances.Never accept liability under any circumstances.– Acquaint yourself with the parents of students.Acquaint yourself with the parents of students.– A well-timed apology for A well-timed apology for minorminor circumstances may be very circumstances may be very

effective if appropriate.effective if appropriate.

Know the limits of the law and liability.Know the limits of the law and liability. Consult supervisors, lawyers, and Consult supervisors, lawyers, and

professional organizations as appropriate.professional organizations as appropriate.