Educational Leadership Explain the Court Term Paper

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In addition, a New Jersey Court decision (Jerkins v Anderson, 2007) found that schools have a duty to provide reasonable supervision and care not only at school and during school times but at school release times as well. They must adopt a reasonable policy that is designed to protect all students at all times when "connected" to the school and must be "well-suited and well equipped" to oversee dismissal, recess, and at all times during the course of a school day.

2. Propose a reasonable and legally defensible action for a school administrator to take regarding supervision of students before school hours. A School District's responsibilities are mandated in state law (RCW and WAC), district policy, accepted safety standards, and common practice. The idea is that they should provide "reasonable" services to prevent foreseeable accidents by: warning and informing, providing proper instruction, conditioning of participants, and proper and appropriate supervision" (Risk Management, 2010). If a student is on school property prior to school hours -- but at a reasonable time, then the school has accepted "custody" of that child and has a duty to supervise. Thus, if school begins at 8:45 and a student arrives at 8:00 because of transportation, the school should be open and someone there to supervise. However, an 8:45 opening would not constitute a student arriving at 6am and expecting supervision. Required supervision is typically 10-30 minutes before and after official school hours, or during school activities outside of basic school hours. Various tort laws emphasize reasonable supervision in areas (hallways, etc.) that can be construed as problem areas or issues. If the principal in question has a policy to provide adequate supervision between 10-30 minutes prior to and after school hours and during outside events, then the policy is defendable with a precedent Ungaro V. Patchogue-Medford 2005) which found that if the level of school supervision is reasonable then liability is not enforceable.

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However, in cases of safety, principals are encouraged to err on the side of caution and warn substitutes, new teachers, and other building personnel of problem areas and/or to take reasonable precautions to prevent violence and harm (e.g. Miami-Dade County School Board v. a.N.) 2005.

REFERENCES and WORKS CONSULTED

"Jenkins v. Anderson" June 2007). National School Boards Association. a-49-06. Cited in:

http://www.nsba.org/MainMenu/SchoolLaw/Issues/Safety/RecentCases/JerkinsvAndersonA4906NJJune142007.aspx

Legal Update for District School Administrators. (October 2005). Miami-Dade County v.

A.N.; Ungaro v. Patchogue-Medford, 2005). Cited in:

http://docs.google.com/viewer?a=v&q=cache:lz-OFFP3kZoJ:www.uca.edu/leadershipstudies/documents/2005NovDSA_000.pdf+male+student+raped+in+school+bathroom&hl=en&gl=us&pid=bl&srcid=ADGEESiAwZNdn9SF5aRdcA52upqM_jIXGLN_QV8hOSTpR592u8p7Y8E772-Ve-fp3rEz3oZV3jghFgB5FpXzcceSOjGpJ60j_KImr53HgNPYA4twB5SWbjr8l0hdT9uQYF9nuDDFGL&sig=AHIEtbSpDd2RUd9sTQ7jslZQiKfJ2egB_Q

Office for Civil Rights. (2009). "Protecting Students With Disabilities." U.S. Department of Education. Cited in:

http://www2.ed.gov/about/offices/list/ocr/504faq.html

Risk Management. (Winter 2010). "School Supervision Problem Areas." Cited in:

http://smerc.org/insurance/pdf/newsletters/Risk_winter_10_Insert.pdf

"Section 504 of the Rehabilitation Act." (n.d.). Section508.Gov. Cited in:

http://www.section508.gov/index.cfm?FuseAction=Content&ID=15

Supreme Court of the United States. 1985. New Jersey v. T.L.O. 469 U.S. 325. Cited in:

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0469_0325_ZS.html

Switzer, J. (2003). Disabled Rights: American Disability Policy. Georgetown University Press......

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