Western Australias Duty of Care for Students

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Table of Contents

Introduction
Rationale
Policy Issues
Policy Importance
Subjects of Policy
Scenarios
Conclusion
References

Introduction

One of the most rewarding job opportunity is the chance to shape and develop young minds. A primary school teacher is a positive influence in the lives of students. By creating an environment conducive to learning and the development of social skills, a teacher can inspire students to learn. An effective teacher is someone who can make the students believe that learning is a lifelong process one that should be exciting and challenging. In this manner students will be motivated to reach their fullest potential both within and outside the classroom walls. But before they can reach their full potential a teacher must make sure that the school is well-suited for the rigours of learning and development. This is because students are not only in school to learn but also to socialise and develop their social skills. It is therefore important for the teachers to ensure the safety and welfare of the students whilst they are within the school premises and involved in a school activity.

Rationale

Western Australias Department of Education is well-aware of the need to make the schools under their jurisdiction safe and conducive to learning. In this regard government officials from the said department drafted a policy statement entitled Duty of Care for Students. The core value of the said policy statement can be summarized through the following declarations: Teaching staff owe a duty to take reasonable care for the safety and welfare of students whilst students are involved in school activities or are present for the purposes of a school activity (Department of Education, Western Australia, 2011, p.1).

The second part of the phrase can be interpreted to mean that even if a student is not doing anything whether that person is resting or in the waiting area and yet the period of inactivity was spent in preparation for a school activity then the teachers and school officials are still responsible for that particular students safety and welfare. In other words when the students are already outside the schools premises, heading home it is no longer the teachers responsibility tot take care of them

Policy Issues

At first glance it seems to require a great deal of time and energy from the teachers. It also seems to cover a large area of responsibility that one has to wonder if the teachers are able to comply without reservations. However, if one will closely examine the statement it can be argued that Western Australias Department of Education created boundaries and limitation in order to ensure that the teachers will not be overburdened when it comes to this issue.

Furthermore, it is important to focus on a key phrase in the policy that says involved in school activities or are present for the purposes of a school activity (Department of Education, Western Australia, 2011, p.1). This provides a limitation to the teachers responsibility. They are only accountable for the actions of students who are engage in school activities. This means that a student must be doing something that is part of school activity. This can also be interpreted to mean that if a child is doing something or attempt to do something that is not even remotely related to a school activity and get hurt in the process the school and the teachers are not liable.

Policy Importance

The importance of this policy is made evident in the background information supplied by the Department of Education. It says that, the policy is an offshoot of a legal concept called duty of care, which is a legal concept that has its origins in the common law of Australia (Department of Education Western Australia, 2011, p.2). Another way to look at it is to understand that this is a duty that was imposed by the law to compel teachers and school officials to take care of children and at the same time to minimise the risk of harm that they may experience while they are in school (Department of Education West Australia, 2011, p.2).

A deeper appreciation of the importance of the policy can be had if one will take time to study recent events with regards to school safety. There are commentators who asserted that schools can be dangerous. They explained by stating that, The important occurrences in schools result from the interaction of personalities for students and teachers are related to each other in a complex web of social interconnections. Schools thus have the potential to be dangerous places because they are unities of interacting individuals with personalities bound together in an organic relation (Potts, et al., 2007, p.16). This simply means that a school is a community populated by different types of personalities and yet the unity of the students and the teachers can be short-lived if they cannot handle the challenges that they face every morning.

Aside from the social aspect there is also the physical aspect of the school system that has to be dealt with. A school is not just a place where students and teachers congregate. It is also a place where students are taught to interact with each other. A school is also a place that utilises facilities and proper equipment to enhance the learning and development process. However, the presence of equipment and other materials can pose a risk to students. Teachers and school officials should find a way to mitigate risks.

Subjects of Policy

The policy states that the teachers are only responsible for the students whenever they are in school and involved in a particular school activity. This can be clarified even further that the moment a student steps into the schools premises based on the agreed time that he or she must be there to engage in a learning activity, then it is the time that the teachers are responsible for the said students welfare and safety. This implies that the moment the students are no longer within school premises because school time is over, then the teachers are no longer responsible.

Scenarios

There will be three scenarios that will be analysed in order to apply the principles of duty of care. Each scenario will explain why teachers and non-teaching staff play a major role in securing the safety and well-being of students.

Scenario 1

In the first scenario one will find a number of students arriving in school at around 7:40 in the morning. However, the teachers are not expected to arrive thirty minutes later. In this regard, the policy statement can be utilised to address this problem because it also says that teachers are not the only people that can exercise duty of care. In the policy statement non-teaching staff, volunteers and external providers can agree to perform tasks that allow them to care for students (Department of Education, Western Australia, 2011, p.2). Thus, the school can hire non-teaching staff, to report at exactly 7:00 in the morning to make sure that everything is ready and in order before the school day begins.

Another way to deal with this scenario is to ask parent volunteers. The school will inform the parents of the risks involved if there is no adequate adult supervision when students starts to arrive at an earlier time. School officials can also explain to them that if there is an emergency or if there is conflict between two students there is a need for the presence of an adult. Those who will volunteer will be grouped into teams and a shifting schedule can be followed.

Scenario 2

The second scenario occurs in the gym. A physical education class has just ended and someone removed a piece of an equipment that holds the badminton net in place. However, this clamp-like object was not returned to its proper place and instead it was carelessly placed on top of a table. Since the gym is a busy place and many people are moving about nobody noticed that the heavy metal object is already sitting precariously on the edge of the table. Any moment it can fall down and hurt the toe or foot of a young student.

The second scenario is unacceptable. It clearly violates the provision of the policy that says that risks that reasonably can be foreseen, must be dealt with as soon as possible. It can be argued that the teacher in-charge of the badminton class had his hands full. Thus, there is a provision in the policy that says external providers can be tapped to assist in areas that require assistance. An external provider can be a utility and maintenance personnel that is given the task to monitor the gym for objects that can pose risk to the students inside the said facility.

Scenario 3

The third scenario occurs in the playground. An older student is bullying someone younger. The victim reported the incident to the teacher but the teacher paid no attention to it. The following day, the teacher totally forgot what happened and so the issue was not addressed. A few weeks later the same student bullied another and this time around the bully punched the other student in the face breaking his nose in the process. It can be said that the bully could have received counselling or could have been reprimanded for his actions but since no one in authority confronted him his negative behaviour continued to traumatise other children. Again, this is unacceptable in accordance to the guidelines based on duty of care. It is the primary responsibility of the teachers to protect the mental, physical, and emotional well-being of the students.

Conclusion

Without a doubt teachers play an important role in providing a positive influence in the lives of children during their formative years. This is the time when children start to shape their outlook about themselves and life in general. It is also in this crucial point in their lives when they will begin to interact with others around them. In a real-life scenario it is easy to see that a school can be a dangerous place to be especially for young children. This is the reason why Western Australias Department of Education issued a policy statement based on the legal concept of duty of care. By upholding the principles inherent in duty of care, the teachers and even non-teaching staff can promote safety and well-being of their students by being mindful of risks of harm that is ought to be foreseen.

References

Department of Education, Western Australia. (2011). Duty of Care for Students. Web.

Potts, A., et al. (2007). Schools as Dangerous Places: Historical Perspective. London: Cambria Press.

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