Physical Education and Teacher Liability

Paper Summary:

This paper will probe further into the issue of safety in physical education, paying particular attention to teacher's liability. It will ask, and answer, several important questions. Should teachers have more personal liability over the safety of their students? Should school boards be less liable? What degree of responsibility should fall upon the student him/herself? Should certain activities that exceed a potential safety threshold be eliminated from the curriculum? And so on. To support the findings and analysis in the paper, several legal tenets and cases will be used to provide instruction. It will be concluded that, as in all other health care or safety issues, prevention is the best medicine. Logically, where all steps have been taken to ensure safety, liability cannot fall on the teacher. But to determine this, due diligence and negligence need to be better defined. In sum, the final analysis of the paper supports the law as it currently exists in most states. However, it calls for increased care and a better definition of terms.

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