Chapter 1 to 5 PDF

OPV 322 Week 1: Human Rights in the Classroom Class Presentation  GROUND RULES: Class Cell phone management Time management Participation Team-work Respect Have fun  GROUND RULES: Home Self-discipline: online tests Time management Focus: lectures & as...

OPV 322 Week 1: Human Rights in the Classroom Class Presentation  GROUND RULES: Class Cell phone management Time management Participation Team-work Respect Have fun  GROUND RULES: Home Self-discipline: online tests Time management Focus: lectures & assessments Positive/Motivated Patience: online/internet Consistency  Study Guide Timetable: Please refer to the study guide Textbook: Joubert R. & Prinsloo S. (2013) Creating safe and effective classrooms. Pretoria: Van Schaik Tutor: Aaliya Ahmed ([email protected])  Contact Information Building and Telephone Consulting Name room Email address number hours number Dr René Module Aldoel 3-118 By Beyers- 012 420 2842 [email protected] Coordinator Groenkloof appointment Prinsloo Aldoel 3-144 By Lecturer Mr Jan Botha 012 420 5574 [email protected] Groenkloof appointment Ms Pontsho Aldoel 3-126 By Lecturer 012 420 2778 [email protected] Moepya Groenkloof appointment Head of Prof Siphiwe Aldoel 3-111 By 012 420 2902 [email protected] Department Mthiyane Groenkloof appointment Departmental Mrs Tharien de Aldoel 3-111 By 012 420 2902 [email protected] Administrator Winnaar Groenkloof appointment  Class Groups Student Campus Name Telephone no. and Group e-mail address G01 Hatfield Dr Beyers-Prinsloo [email protected] (English) G51 Groenkloof Mr J Botha [email protected] (Afrikaans) G52 Groenkloof Ms P Moepya [email protected] (English) G53 Groenkloof Ms P Moepya [email protected] (English) G54 Groenkloof Mr J Botha [email protected] (English) TUTOR Groenkloof Ms A Ahmed [email protected]  ASSESSMENT Semester Mark: 50% of final mark - 7 x Online assessments = 30% of semester mark (10/15 marks, 5 days to complete, 30 min per test) - Online semester test = 70% of semester mark Examination (not online): 50 % of final mark Minimum 40% term mark (7 CA tests + Semester test, CA1: 12 -16 Aug 2024) Minimum percentage of 50% (Final mark: semester + exam)  SICK TESTS Please note the following - Permission to write a sick test can only be given by the module coordinator, Dr Beyers-Prinsloo ([email protected]) Sick tests will only be approved under the following circumstances: - Submission of a valid sick note to Dr Beyers-Prinsloo within a week of the test date  SICK TESTS – If you are unable to submit the sick note him/herself, he/she must arrange for submission to Dr Beyers-Prinsloo within the same time frame –The date for the sick test will be determined by Dr Beyers-Prinsloo and will be communicated via click-up MODULE OVERVIEW  CREATING SAFE CLASSROOMS Create safe classrooms EDUCATOR LEADERSHIP  Brief history of the role of law in education South African law is guided by the Constitution of the RSA, 1996, plus Indigenous law: African customary law, only affects Indigenous people, a treaty between groups and government, involves HR and discriminatory law Roman-Dutch law: Legal system based on Roman law as applied in the Netherlands in the 17th century, Dutch colonists brought it to the Cape, mainly European continental civil (private relations) law English Law: Common law origins in the legal system of England’s Kings courts, received in our legal system when we became a British Colony, e.g. Land Transfer Act of 1897 (in loco parentis)  Brief history of the role of law in education Purpose: Provide order and regulate behaviour Regulates rights and obligations Created harmonious patterns of cooperation Provides a framework for teachers' role Establishes educator authority and workable structure The Constitution of the RSA, 1996 The Constitution commits everyone to the establishment of a society based on “ democratic values, social justice and fundamental human rights” Constitutional supremacy (highest in the rank of authority) Founding principles: human dignity, equality, advancement of HR and freedom, no racism + sexism, rule of law The Constitutional Court has the power to test the constitutional validity (truth) of all actions of government, all acts, the conduct of authorities, individuals Democracy refers to openness, responsiveness and accountability (mature human relation traits) The Constitution as the supreme law of SA The Constitution determines the government structures and powers and how these powers should be exercised In a democratic state the Constitution guarantees the human rights of its people The Constitution controls governmental power by providing three arms of government, namely: legislature, executive and judiciary. The Constitution protects everyone, (including teachers), but you have obligations to protect and promote the Bill of Rights because you are in a position of authority over the learners in your class Understanding the structure of government  Human Rights in the classroom Chapter 1 This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik.  Human rights in the classroom What are the constitutional principles in establishing a democratic, non-discriminatory and equal education system? (human dignity, equality, freedom of choice) What are the constitutional rights of learners and educators and how should these rights be protected in the classroom? (HR: education, human dignity, just admin. action) What are the constitutional obligations of educators, parents and learners? (Ed: duty to care/educate, P: let child attend school, L: must attend school, can’t disrupt class) How do we protect the human rights of learners in a classroom? (apply HR in class, disciplined classroom, act with dignity, and respect)  Our obligations in the school in terms of the Constitution Section 7 of the Constitution compels us to “respect, protect, promote and fulfil the rights in the Bill of Rights” Respect: Do not deny or obstruct the right to education, unfairly discriminate Protect: protect individuals from interference by third parties Promote: inform people of their right to education Fulfil: to advance, execute, teach and assess in an equitable way  The SA Bill of Rights Understanding the concepts: – Human rights originated in the international documents such as: the United Nations Universal Declaration of Human rights; International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights – Human rights are guaranteed (only parliament can change) – Human rights are enforceable (must be carried out)  Selected human rights in education Chapter 2 of the Constitution Examples: – Children’s rights – Education rights – Equality – Privacy, security, dignity – Safe environment – Religion, belief and opinion – Freedom of expression – Just administrative action  Facts about human rights Belongs to all human beings – you do not have to deserve it A right is stronger than a privilege (enforceable) Rights are guaranteed in the Bill of Rights: it’s not getting what you want (don’t apply only to you!) Rights are not absolute – all rights may be limited if you infringe somebody else’s right A limitation of a right must be justified in terms of section 36 of the Bill of Rights  Limitation of rights Section 36(1) The rights in the Bill of Rights may be limited only in terms of the law of: general application to the extent that the limitation is reasonable and justifiable (defensible) in an open and democratic society (can’t suspend: for 3 times homework not done) balance between limitation and its purpose based on human dignity, equality and freedom, taking into account all relevant factors  Factors to consider when limiting a right (e.g. right to education) The nature (importance) of the right; The importance of the purpose of the limitation (child has alcohol on premises; suspend him to home) The nature and extent of the limitation (based on the seriousness of violation: this is serious!) The relation between the limitation and its purpose (suspension: remove child temporarily from school, protect other children from him) Less restrictive means to achieve the purpose. (if 2nd time, less restrictive means have been exhausted) The South African Schools Act 84 of 1996 Aims to uphold the rights of all learners, parents and educators, and promote their acceptance of responsibility for the organisation. To provide for a uniform system for the organisation, governance and funding of schools Relates to the establishment of SGB’s – partnership of people with an interest in education Spells out how schools should be governed and managed by all stake holders Spells out compulsory attendance (10 days continuously absent: deregister child) and discipline of learners  Sources of law in education Constitution of South Africa, 1996 Legislation (statutes or acts): Minister decide new draft law is necessary, experts draft a bill, publish in the Gov. Gazette, public can comment, passed by Parliament, e.g. SA School’s Act Common law: originally from Roman-Dutch and English law, also legal opinions, principles derived from previous judgements. e.g. in loco parentis, natural justice (duty to act fairly) Case law (court judgments): All Constitutional courts, high courts and appeal court judgments are binding and becomes law.  What is Case Law ? Definition: Rulings handed down by Constitutional, High and Appeal courts Reading court cases: examples of court cases Parties in a case: - Plaintiff (Aggrieved party)/defendant (accused party) private people: civil case - Applicant/Respondent: government authority vs individual (lower rank) - Appellant/Respondent: e.g. GDE vs SGB Nelspruit (Supreme court) Citation of court cases: details when you refer to a specific case Judgment itself: details of judges handling the case – Outline: facts of the case – Headnote: judgement and reasons – Summary of arguments: type of action instituted, and remedy required – Conclusion & Verdict: more than 1 judgment, majority and minority  Difference between a right and a privilege Western Cape Resident’s Association obo Williams and Another v Parow High School 2006 (Parents applied for an interdict to compel the school to allow the girl to attend matric farewell: court supported the school to deny her, because of the year of ill-discipline) (not a court case: privilege not a right) Remember schools may deny learners certain privileges such as attending a matric farewell if they misconduct themselves. Schools may not exclude learners from school activities related to the curriculum (right to education: extra classes, textbooks, no school fees = education must continue). Going on sports and cultural tours is not right, they are privileges.  OPV 322 Week 2: Human Rights in the Classroom Class Presentation Human Rights in the classroom Chapter 1 continued This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2 www.up.ac.za  Implementation of human rights in classrooms Human rights do not exist in isolation – all rights apply and are sometimes interrelated (e.g. infringement of the right to freedom and security, which applies to corporal punishment and searches for drugs, also affects the right to human dignity as well as the right to privacy) Applicability of rights in a specific situation depends on the issue that is at stake, the relationship and the context: - Although the same right may be in question in similar cases, the outcome of each case may be different and will depend on the facts and circumstances of the situation. Each case must be considered in terms of its facts and merit 3  Equality (Section 9) Constitution section 9(1) Everyone is equal before the law and has the right to equal protection and benefit of the law. Section 9(2) Equality includes the full and equal enjoyment of all rights and freedoms. Affirmative action: see Section 9(2) No one may unfairly discriminate: mentioned: Section 9(3) of the Constitution 17 grounds Direct (obvious) and indirect (more subtle: “pygmy”) discrimination Fair discrimination: 4 aspects 4 www.up.ac.za  Differentiation and discrimination Differentiation means treating people differently for a specific reason. (employ Chinese in Chinese rest) If the differentiation amounts to “discrimination, the question is whether it amounts to “unfair discrimination”. Unfair discrimination means treating persons differently in a way which impairs their fundamental dignity as human beings who are inherently equal in dignity. This differentiation cannot be justified. Discrimination based on a ground specified in section 9(3), will be presumed unfair unless the contrary can be proved 5 www.up.ac.za  *Remember the following Everyone has a right to equality. Remember that not all humans are equal. However, we are "equal before the law". Read all the sub-sections on p9-10. The catch: we are not all equal, but we are equal before the law.  Human dignity (Section 10) Everyone has inherent (inborn) dignity and the right to have their dignity respected and protected All other human rights are linked to human dignity Violations may occur: – During disciplinary actions – Communication with learners – Allowing learners to bully others – Not respecting the security and privacy of learners www.up.ac.za  Human dignity (Section 10) Violations Vio occur: – Interactions between educators and learners (belittling, name calling and humiliating learners) – During initiation ceremonies for newcomers – Interactions on the playground – On the sports fields (different schools competing) – During LO practical periods – Principal/SMT towards teachers  Freedom and security of person (Section 12) Which includes: - To be free from all forms of violence - Not to be tortured in any way - Not to be treated or punished in a cruel, inhuman or degrading way - Corporal punishment is outlawed as a form of punishment for learners - Community service, cleaning of classrooms and picking up litter are disciplinary measures that will be easily justified www.up.ac.za  Right to privacy (Section 14) The right not to have: a) their person or home searched; b) their property searched; c) their possessions seized; or d) the privacy of their communications infringed Learners think their possessions may not be searched NB: Educators must have “reasonable suspicion” that an individual is in possession of a dangerous weapon or substance (NB: not a whole class being searched!) The principal authorises, a person of their own gender to search, another teacher as a witness, in private, if learner refuse search SAPS will contact the parents after the search, if something has been found www.up.ac.za  Privacy, security, dignity Sections 10, 12 and 14 All three rights must be considered simultaneously. Prioritise – safety comes first Schools Act, sections 8 and 8A Searches and seizure (right to privacy): – Two variables that must be considered under the reasonableness standard, that is, – the thing (dangerous weapons or drugs) that the the searcher is seeking and the – sufficiency of the information or the informant who led the searcher to believe a search was necessary. 11 www.up.ac.za  Freedom of religion, belief and opinion (Section 15) (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion (2) Religious observances (assemblies) may be conducted at state or state-aided institutions provided that: (a) those observances follow rules made by the appropriate public authorities (SGB) (b) they are conducted on an equitable basis (c) attendance at them is free and voluntary (if parents don’t want their children to attend, schools must provide teachers to supervise these kids in classes) 12 www.up.ac.za  Freedom of religion, belief and opinion National Policy on Religion and Education (not an act) – Distinguish between religion education (subject on all major religions) and religious observances (assemblies: prayer, scripture reading & singing) – Role of the SGB in the above (make rules, responsible for religion policy) When and how may schools conduct religious observances? Learners and educators may not be forced to participate in religious observances. Life Orientation (subject) must include the study of various religions of SA 13 www.up.ac.za  MEC for Education: KwaZulu-Natal v Navaneethum Pillay CASE: CCT 51/06 decided on 5 October 2007 in Constitutional Court (Law of Ed, 2015:p.102) Mrs Pillay gave Sunali permission to pierce her nose and insert a small gold stud. Against the school’s code of conduct. Mother approached the Department, Equality Court and High Court, finally the Constitutional Court judged the case The alleged grounds of discrimination are religion and/or culture. The practices and beliefs that make up an individual’s cultural identity will differ from person to person within a culture. 14 www.up.ac.za  Pillay continued: The Constitutional Court affirmed that the school unfairly discriminated against her religion and culture and ordered: Code of conduct should set realistic boundaries and provide a procedure to be followed in applying for and the granting of exemptions for cultural and religious practices. In Antonie v. Governing Body, Settlers High School and Others 2002 (4) SA 738 (C) Wearing dreadlocks may not be considered serious misconduct in a school. (Law of Ed, 2015:p.127) 15 www.up.ac.za  Freedom of expression (Section 16) (1) Everyone has the right to freedom of expression, which includes: (a) freedom of press and other media (b) freedom to receive or impart (give) information or ideas (c) freedom of artistic creativity (d) academic freedom and freedom of scientific research (2) The right in subsection (1) does not extend to: (a-c) propaganda for war, incitement of violence and advocacy of hatred that is based on discrimination 16 www.up.ac.za  Freedom of expression Include all forms of communication: written and spoken word, music, dress, paintings, symbols, gestures, hairstyle This right is not absolute: the right of the learner/educator to have his dignity/integrity protected Antonie v Governing body, Settlers High School Issues here (concerning dreadlocks): – Dignity, religion, beliefs – Freedom of expression: what a person wears, symbols and hairstyle 17 www.up.ac.za  Children’s rights (Section 28) (1) Every child has the right: (b) To family/parental care, or alternative care when removed from the family environment (c) To basic nutrition, shelter, basic health-care services and social services (schools are sometimes in the best position to fulfill this) (d) To be protected from maltreatment, neglect, abuse or degradation (human dignity, security) (2) A child’s best interests are of paramount importance in every matter concerning the child Section 28 obliges the school to respect, protect and fulfill these children’s rights in the school context offences, in accordance with the values underpinning our Constitution 18 www.up.ac.za  Children’s rights Regarding the abovementioned, one of the important duties of educators, is the common law principle of “in loco parentis” The school/teachers have the duty to report violations of subsection 1.d: e.g., neglect or abuse Section 42(1) of the Children’s Act confirms this abovementioned compulsory duty of educators (3) In the abovementioned section 28 “child” means a person under the age of 18 years, therefore persons above 18 are not bearers of these rights and are not protected by them 19 www.up.ac.za  Right to a safe environment (Section 24) Everyone has the right a) to an environment that is not harmful to their health or well-being (clean, safe and harmonious) “Guidelines for the Consideration of Government Bodies in Adopting a Code of Conduct for Learners” (DBE, 1998) specifies this right includes security of property, well-cared school facilities, school furniture and equipment, clean toilets, water and green environment and absence of harassment Obligations of teachers: – Observe and identify dangerous situations – Take preventative actions – Ensure a disciplined classroom www.up.ac.za  The right to education (Section 29) (1) Everyone has the right - (a) to basic education including adult basic education, SASA (s.3): education is compulsory until 15 years or Gr9, level 1, this equals ABET level 4 (NQF) (b) and to further education, which the state, through reasonable measures, must make progressively available and accessible. This phase ends in Gr12 or level 4 (NQF) (2) Everyone has the right to receive education in an official language/s of their choice where reasonably practicable. To ensure the implementation of this right, the state must consider, all reasonable alternatives ( to start with a new language (LOLT) in school, you need 15-20 learners) 21 www.up.ac.za  Right to education - Including single medium institutions, taking into account- (a) equity; (b) practicability; and (c) the need to redress the results of past racially discriminatory laws and practices -If a learner disrupts a class continuously, he denies the other learners their right to education, therefore his right to education may be limited, and he may be removed from the class until a conversation with him and his parents takes place, a disciplinary hearing before SGB, where after he may be suspended for 7 days www.up.ac.za  Special needs education (not a defined right) White Paper 6 – Issues: not legislation, therefore not legally binding on schools to admit learners with special education needs(very stressful). – School mission statement (not included). – Challenges (infrastructure: wheelchair/ trained staff: experience/ funding: eye, hearing and disability problems/ LTSM) – Equality/dignity/safe environment ??? 23 www.up.ac.za  Just administrative action (Section 33) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair Promotion of Administration Justice Act (no.3 of 2000) Purpose of Act: carry section 33 out in practice otion3 200 (2) All actions that affect a person’s rights must follow due process (part of CoC) for educators and learners Due process means the correct administrative procedure: Disciplinary hearing: hearing evidence, adequate notice of admin action to learner and parents, conducting disc hearing, listening to both sides, adjourning the hearing, considering the facts, giving a clear statement of the action/ outcome and provide reasons, allowing the learner to appeal Code of Conduct (school rules) is included in this human right 24 www.up.ac.za  Relationship between rights and obligations Everyone is entitled to the rights contained in the Bill of Rights. Your entitlement to these rights does not mean you may infringe on the rights of other people. Every right has a corresponding duty/obligation Example: The right to education (for learners) is balanced by the obligation to attend school and to respect other persons’ right to education and to study. Educators have a duty to ensure effective teaching and learning www.up.ac.za  OPV 322 WEEK 3 & 4: Creating a safe Classroom Class Presentation  Creating Safe Classrooms This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2  What is a safe classroom? A safe classroom is where learners can learn and educators can teach in a warm and welcoming environment free of intimidation and violence. It should be a healthy environment that is physically and psychologically safe (Covid- 19: CoC). Places where educators and learners can work, teach and learn without fear of violence, harassment and humiliation. 3  Different perspectives on school safety Educational Psychological perspective perspective Organisational Legal perspective perspective 4  Educational perspective on school safety Schools' main purpose is teaching and learning. Assumed that learning takes place in an orderly and secure environment. The educational perspective is focused on classroom safety and begins with teaching and learning. We teach what we want them to learn about safety as well (covid 19). 5  What to consider when teaching learners about school safety? The learners must learn not to bring harm to themselves and other learners They should avoid victimisation of other learners They must ignore teasing and name-calling Limitation of this educational perspective on classroom safety is the fact that learners learn to be malicious or violent from the following sources: * Parents * Peers * Media * electronic games 6  A psychological perspective on school safety This is based on explaining why individuals behave in the way they do (what are the root causes of behaviour). Many theories are studied to understand certain behaviours of individuals. Regarding school safety, we pay attention to aggression (drugs) and victimisation (bullying). Learners act in a certain way based on their unmet needs Children from poor families could show aggressive and delinquent (offending) behaviour. 7  Psychological perspective on school safety (cont.) Primary school learners single individuals out for victimisation, this results in aggression as well As an educator we need to consider the best way to deal with individual problems. Should know learners well as individuals Counselling and supervision are essential (importance of grade meetings) 8  An Organisational perspective on classroom safety Everyone plays a vital role in creating a safe classroom. Roles are determined by relationship structures and hierarchies in the classroom and school. Organisational structures (organogram) in the classroom should be put in place to ensure a safe classroom (e.g. evacuation plan). Control mechanisms (e.g. service of fire equipment), policies (e.g. safety and security) and safety rules should be developed and implemented (fire: evacuation plan + safety teams e.g. first aid and messengers) Incorporate learners into teams. Educators should be on constant alert for unsafe conditions to be able to achieve what is expected of them. 9  Legal perspective on safety Rights of children: to be protected (week 2) Legal status of children (age) Legal framework (laws and regulations) that governs school safety Legal obligations of teachers : – In loco parentis – Duty of care 10  The Rule of Law We live in and by the law (highest in rank of order) The law makes us what we are: husbands, wives, principals, educators, heads of department, deputy principals, governing body members and learners We are subjects of law's empire, loyal servants to its methods and ideals, bound in spirit while we debate what we must therefore do (Dworkin, 1986: Preface). The rule of law is a double-edged sword 11  Children’s legal status: (legal actions, appearing in court and held liable) 0-7 years this child has no competence to act. In a court of law, the parents must support the child. Such a child can not be guilty of a criminal action or take responsibility for their actions. 7- 14 years the child is not yet liable for committing a crime unless evidence is brought which can prove that the child knew the actions were wrong. 14-18 years children have limited legal ability. Examples of recognized independent actions of children older than 16 are drawing up a will, and obtaining life insurance and a driver’s license when 18. 18 years onwards: after reaching the age of 18 people are regarded as being of age with full competence to act and appear in court, and as being liable for their actions., 12  *Age and legal status of Children (p.25) Competence to act: means the ability to conclude legal acts independently, such as concluding a binding contract. Competence to appear: means the ability of a person to appear in a court, either as plaintiff or defendant. Accountable liability: is the ability of a juristic or natural person to be held accountable for his/her deeds. Legal perspective on school safety The Constitution of the RSA, 1996 determines that (regarding human rights): Schools are legally obliged to protect learners’ right to a safe and healthy environment. Everyone has the right to safety and security Everyone has the right to privacy Everyone has the right to human dignity Children have the right to be protected from maltreatment, neglect, abuse or degradation 14  Legislation South African Schools Act, Act 84 of 1996 as amended: Sections 8 (Code of Conduct), 8A (Search & seizure, Drug testing), 9 (Suspension & Expulsion), 60 (Liability of the State) Regulations: –Safety Measures at public and independent schools. –Adopting a code of conduct for learners –To prohibit initiation practices –Procedure for drug testing (Signs that might point to drug use) Employment of Educators Act, 1998 Schedule 2: Disciplinary code and procedures for educators 15  Norms and standards for Educators (DoE, 2000) Duty of Care: Here they discuss the 7 roles of educators One of the roles is to do with: Pastoral care or Duty of care: “ Educators have a legal duty to protect and care for their children, so that the children come to no harm, physically or psychologically” This is called the “in loco parentis” (Latin = in the place of the parent) principal. This applies as long as the child is in the care of a person who has the duty of care towards the child (also outside school grounds and school hours when the educator is officially in charge of the child (Nyathi: Enock Mpianzi)  Bill of Rights: Chapter 2 – Pastoral role Children have the right to freedom and security of person (s12). Children at school have the right to an environment, not harmful to their health and well-being (s24). Children must be protected against maltreatment, abuse and neglect (s28) (Children’s Act: s 38 (c). Domestic Violence Act (116 of 1998): imposes a duty on the educator to report child abuse and neglect, to SAPS and Welfare services.  The Children’s Act (38 of 2005) Duty of Care: Safeguard the well-being of the child. Protect and guard against infringement of a child’s right. Securing the child’s education, including religious and cultural education. Guide the behaviour of the child in a humane manner (relation between punishment and the violation). The Constitution, 1996 (s 28)(2) “the best interests of a child are of paramount importance in every matter concerning the child”. Duty of care (Children’s Act 38 of 2005) Why do teachers have a duty of care? – Parents delegate the education and care of their children to teachers (in loco parentis) – Education includes: teaching, educating, protecting and disciplining Reasonableness of conduct (behaviour) as professional teachers: – Negligence: duty to care means not to be ignorant – Liability: the legal duty to bear the damage, when you were negligent 19  **Reasonableness of conduct (p.31) The courts expects a certain standard of thinking and conduct from educators, since educators are professionals who have received training. They require careful educators to be: - Knowledgeable and skilled in regard to the demands of the profession - Know the nature of the learner - Know the dangers to which learners may be exposed and subjected - Not to be ignorant of legal provisions regarding the profession - Not to be negligent Legal duty to prevent harm 21 Duty to care 22  Duty of Care (Children’s Act 38 of 2005) Safeguarding and promoting the well-being of the child. Protecting the child from maltreatment, abuse, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards. Respecting, protecting, promoting and securing the fulfillment of, and guarding against any infringement of, the child’s rights as set out in the Bill of Rights. Guiding, directing and securing the child’s education and upbringing including religious and cultural education and upbringing, in a manner appropriate to the child’s age, maturity and stage of development. Guiding the behaviour of the child in a humane manner. 23  *“Diligens pater familias” (p.33) Diligens: Carful or prudent Pater familias: Father of the family In other words: The duty of care of educators towards the learners should be equivalent to that of good parents towards their children.  Negligence Negligence means a person’s behaviour does not comply with the standard expected from a reasonable educator. Failure to take proper care of something/ somebody When people do something intentionally or on purpose, they are aware of what they are doing or not doing. Factors that influence negligence are: - Profession (training) - Working with children – need greater care 25 What do we learn from case judgments? (read from textbook) 26  TM Jacobs v The Chairman of the SGB of Rhodes High & others (2010) The school: Rhodes High School The learner: Bheki Kunene His teacher: Tania Jacobs The offence: Hitting the teacher with a hammer in the classroom in the presence of his classmates The principal The school counselor The SGB of the school: Mr Keith Long 27 Legal questions answered in this case 1. Was there a legal duty to take reasonable steps to ensure that the teacher was not harmed by the learner, and if so whether the school breached that duty? 2. Was the school negligent and was there a causal connection between the negligence and the damage suffered? 3. Was the damage suffered a consequence of the wrongful and negligent action? 28  Legal duty to prevent harm Determined by Constitution - Everyone has the right to life, dignity & freedom security, safe environment SA Schools Act, section 8 A: drugs and weapons Regulations for School Safety Code of Conduct of a school Common law – Duty to care (principal, HOD, educator) – Duty to act: It would be insufficient to warn or educate learners about school safety without taking steps to ensure that no such harm occurs while they are on school premises (Wynkwart vs MEC) 29  Law of Delict A delict is the act of a person that in a wrongful way causes harm to another In order for a person to be delictually liable, the following elements must be proved in court: An act must have been performed by an educator (positive act/omission = failure to act) Wrongfulness: An act must be wrongful in the sense that it violates the rights of the person harmed - The test for wrongfulness is the “boni mores test”. This is an objective test of reasonableness - “Would the reasonable person have behaved differently in the same situation?” 30  Fault: (2 main forms) - Intention: do something on purpose, they are aware of what they are doing, and that the action is wrong! - Negligence: In the case of negligence a person is blamed for an attitude or conduct of carelessness and thoughtlessness (failure to care) - Before an educator can be accused of negligence, it has to be ascertained whether a “good parent/father” (the diligens pater familias) would have behaved differently in the same situation. Causation: The act must have been the cause of or must have resulted in the harm Damage: In the form of financial loss: ( eg. medical expenses) or non-financial loss (pain and suffering)  Diligens pater familias s 32 Preventing Negligence (Jacobs case) Negligence – the conduct falls short of the standard of the reasonable person. Required to foresee the possibility of harm and take action to guard against the harm. Consider the acts/omissions of the person responsible. Reasonably foresee possible harm before the incident. Reasonably foresee harm on the day of the incident. when damages are caused by the unlawful and negligent or intentional act of a person, the legal duty to bear the damage is referred to as liability 33  Dealing with Violence NB: some things may seem like love/intimacy, but it's violence! Violence - intentional physical, social or psychological abuse. Sexual violence: - Verbal sexual harassment: sexual advances, sexual jokes, sexual rumours about people, inappropriate sexual talk. - Non-verbal: winking, suggestive looks (seducing), rude gestures, pornographic material, spreading sexually explicit images, etc - Secondary harassment: A person who has filed the complaint of being harassed by another person on the issue - Physical sexual harassment: cuddling, caressing, grabbing, un- welcomed kissing, strip search in presence of the opposite sex, etc - Sexual assault (can include all abovementioned) and rape. 34  Week 4 Duty of care 35  Legal duty of care: Educators act in loco parentis Accept responsibility for the safety and well-being of learners when they are in their care In loco parentis: Time and place Original (parents) and delegated duty (teachers) Duty to provide a safe and secure school environment Wynkwart vs MEC/ Jacobs vs SGB (Duty to care) 36  The problem? May a teacher search a learner’s bag, locker, pockets, jacket, other clothes, shoes, socks, body for dangerous objects and or drugs and may teachers test the learners’ urine for drugs? What does the words ‘search and seizure’ mean? How to balance a learner’s constitutional right to privacy against the need of the school to maintain order and discipline and to protect health and safety of all learners? 37 37  SA Schools Act, Sec 8A: No person may bring a dangerous object or illegal drug onto school premises or have such object or drug in his/her possession on school premises or during any school activity. The principal or his/her delegate may, at random search any group of learners, or the property of a group of learners, for any dangerous object or illegal drug if a fair and reasonable suspicion has been established. 38 38  Search and seizure: In the South African legal context, the terms search and seizure are not clearly defined. “Search”: “Any act whereby a person, container or premises is visually or physically examined with the object of establishing whether an article is in, on or upon such person, container or premises”. “Seize” encompasses not only the act of taking possession of an article but also the subsequent detention thereof. 39 39  Objective standard: Legislation (2007) allows schools to search for drugs when there is fair and reasonable suspicion The safeguard against an unjustified interference with the right to privacy : – reasonable grounds to believe that an offence has been or is likely to be committed – that the articles sought or seized may provide evidence of an offence 40 40  Guidelines for searches: Searches must be conducted in a manner that is reasonable and proportional to the suspected illegal activity (rugby or soccer tour) Drug testing emphasised The Minister has identified 10 devices that a school may use Clear guidelines are prescribed for the drug testing procedure No criminal procedure may be instituted against a learner who tested positive for drugs 41 41  The Regulations for Safety Measures at Public Schools (2001) as amended in 2006: Violence and substance abuse in schools Access to schools and visitors to schools The organisation of school activities, including the transport of learners Physical activities (Sport, Life Orientation Practical) Emergency and fire procedures (Safety and Security Policy: For example: Evacuation procedure) Early release of learners from school 42 42  Specific responsibilities of the educator with regard to learner safety: An effective safety programme Occupational Health and Safety Act (Act 85 of 1993) In the classroom In workshops and craft centres On the playground or school grounds Bullying and peer victimisation 43 43  Specific responsibilities: Transportation of learners Medical treatment Electricity Construction, renovation and repair of school facilities Child abuse and molestation Aspects of the law relating to HIV/Aids Study Regulations for Safety Measures at Public Schools (2001) 44 44  In classroom, laboratory, kitchen: Occupational Health & Safety Act (85 of 1993) Foresee dangers - name examples of dangers Ensure/ report - regular maintenance to be done Never leave learners alone Develop clear class rules – display the rules Never allow learners to use machinery (Civil Tech) or apparatus (Physical Science) without supervision (Hospitality studies: stoves off) Unsafe conditions like damaged electrical plugs and light fittings, open electrical wiring, leaking gas, broken windows and damaged flooring must be identified and reported (S14) 45  Electricity: Safety measures relating to electrical installations (qualified electrician certificate) and the use of electrical equipment are of utmost importance (stoves and heaters) Educators should warn learners constantly of the dangers of electricity (open wires/cables) The Occupational Health and Safety Act requires schools to constantly identify potential dangers Teachers (and learners) must report problems to the Infrastructure Manager or Deputy Principal 46  Construction, renovation and repair of school facilities: The abovementioned create unsafe conditions (building materials, broken windows, sharp objects, and falling bricks can cause damage) Demarcation of buildings is very important for safety purposes Construction workers can pose a threat to learners and the school (sexual abuse, selling cigarettes/dagga and theft of cell phones, money, burglary) Cameras are important! 47 Playground and school grounds: In loco parentis (not being busy in my class). Playground duty – before school, during breaks and after school. Protect yourself against claims of negligence. Foresee danger, take action/ steps and report. 48  Playground and school grounds Every school must have a duty roster for playground duty during the breaks, before and after school. It’s impossible to watch all the kids all the time, but it is legally expected of educators to supervise learners on the school property. Educators must safeguard each learner by forbidding any form of violence on school premises. If an educator allows fighting, he will be accused of negligence and held liable for injuries sustained by the learner.  Extra-curricular activities Coaching sport – attend training till the end. Never leave learners without supervision (javelin, shotput, discus). Foresee danger and prevent damage. Careful not to be negligent. Remember the purpose of the activity – distinguish between right and wrong. 50  Extra-curricular activities If all the sports players play within the rules, problems will be minimal: e.g. fights and injuries (make sure facilities and apparatus are in good order) Could learners in contact sport (rugby) be held liable for delictual acts? (a wrongful act that causes harm to another) Players between 14 and 18 have limited ability/liability! All sports personnel: don’t leave apparatus unattended and don’t leave players unattended! (If you have to leave earlier for another appointment, end the session)  Child abuse and molestation (freedom and security of person) Children’s act: obligation to report such cases (Principal & psychologist/counsellor). allowed Responsible for protecting children against assault, sexual abuse, bullying, child labour, and physical or emotional harm. Conflict- assist learners how in resolving conflict, to avoid conflict situations (psychologist/counsellor). None of the abovementioned must be allowed on the school premises (they are serious violations). The correct procedures regarding these infringements must be included in the school’s code of conduct for the learners. 52  Transportation of learners Schools to get written permission from DoE (Sport + excursions). Supervision – 1 teacher for every 30 learners (buses 64 seats, if learners of both genders, male & female teacher). Manage learner behaviour (let troublemakers sit near personnel at the back/front of the bus). Roadworthiness of vehicles, driver not reckless, permit to transport learners (Professional Drivers Permit). Never leave learners without supervision (bus can’t leave without supervision). Parental permission (provide them with info). Own buses of school: roadworthy certificates, fire extinguishers, insurance for vehicles and passengers. 53  Transportation (1) A public school must ensure that — (a) if it owns vehicles for transporting learners, such vehicles have insurance and roadworthy certificates; (b) the drivers of such vehicles are in possession of valid driving licences and professional driving permits; (c) the transport company or the owner of the vehicles provides the school with the following: (i) insurance and roadworthy certificates for each vehicle; (ii) passenger liability insurance; and (iii) valid driving licence and professional driving permit of the driver; (d) the transport company or the owner of the vehicle provides a substitute driver and a transport support system en route; and (e) the vehicle transporting learners has a fire extinguisher. (2) The principal, supervising educator or member of the school governing body must intervene if there is any doubt about the roadworthiness of the vehicle or the competence of the driver of the vehicle. (3) The principal, supervising educator or member of the school governing body must liaise with the driver or the owner of the vehicle in connection with reporting any accident to the police, and must report the accident himself or herself, within 48 hours, if the driver or the owner of the vehicle fails to do so.  Organisation of School excursions/tours When one starts to organise an excursion/tour it is important to complete and submit an application form to the DoE, 3 months in advance to get permission for the excursion/tour. The bus company responsible for transport must provide the school with the following: insurance & roadworthy certificates, passenger liability insurance, valid drivers and PDP licences. Parents/guardians must give permission (consent) for the excursion after receiving all relevant information about the excursion/ tour, but schools can’t expect parents/guardians to sign indemnity forms, this is illegal. (Nyathi: Enock Mpianzi) Access to school premises and visitors: The principal must require people to furnish their names, addresses and proof of ID when entering the school premises. This will be handled by security guards at the school gates. People entering may be asked to declare the contents of their bags. Early release from the school: Every school must have an “early release” procedure that allows parents or designated persons to collect learners early from school. The person collecting the learner must provide proof of identity (Info: name & grade of the learner, the person collecting, time & reason).  Emergency and Fire Procedures: This must be included in the school’s “Safety and Security” policy. Every school must establish evacuation procedures and display these procedures in all offices and classes. Practise this procedure at least once a term. Fire extinguishers must be installed in all classes and fire hoses on every floor of a building (service annually). Truancy and absenteeism: Inform parents/guardians immediately about this (SMS).  Medical Treatment: If a learner is on meds and will require them during school hours, parents must see to it that learners have sufficient quantities of medication. It is strongly advised that parents must report to school, in writing, about a serious medical condition of their child. The principal must inform his/her subject teachers or coaches of activities NB: The school is not allowed to provide a child with medication, not even painkillers. Child injured: parents come and fetch, phone ambulance, phone parents to meet the child at the hospital.  HIV/Aids (DoE: notice no. 1926 of 1999) Learners with HIV/Aids should lead as full a life as possible and should not be denied the opportunity to receive an education to the maximum of their ability. No learner may be denied admission to or continued attendance at a school on account of his or her HIV/Aids status or perceived status. Compulsory disclosure of a learner’s HIV/Aids status to school is not advocated as this would serve no meaningful purpose (regular absence may lead to possible disclosure to the principal for the child's sake). 60  OPV 322 WEEK 5: Bullying Class Presentation Creating Safe Classrooms: BULLYING Week 5 This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2  Nature of Bullying: A safe classroom is where learners can learn, and educators can teach in a warm and welcoming environment free of intimidation and violence. It should be a healthy environment that is physically and psychologically safe. Definition: Bullying is a subdivision of aggressive behaviour that is expressed in a direct way (hitting, verbal threatening, taking belongings) and/or in an indirect way (isolating someone from the group, gossiping). This includes cyberbullying (sending threatening emails or WhatsApp, Facebook, Instagram etc.) 3  Bullying: a serious problem: Bullying is one of the most underestimated problems in schools worldwide. People prefer to ignore it, however, it is a serious problem. Bullying was viewed as relatively harmless; it was perceived as a phase some children go through as a normal part of growing up. The problem is also that educators and parents do not notice it! This is made worse by the fact that the victims don’t speak about it! In severe cases, it can even lead to suicide! 4  Characteristics of bullying: Harm is intended. Imbalance of power (bully is older or bigger). Is often organised (crime) and happens in groups. Not a single attack, a pattern of repeated aggression. Victim: vulnerable, easy to upset, low self-esteem etc. Lack of support for the victim (leave him exposed). The victim experiences physical and emotional damage. The threat of more aggression and the creation of fear in the victim. 5 Social dynamics of bullying: ¨ Unofficial hierarchies that stratify learners into groups: ¤ Determined by sex/gender ¤ Special needs ¤ Race ¤ Culture ¤ Religious beliefs ¤ Sexual orientation ¤ Socio-economic status 6  The behaviour of the bully: ¨ Bullies have a hot-tempered, impulsive and domineering temperament. ¨ They grew up in a family that tolerates aggression and the use of power-assertive discipline. ¨ Bullies can spot which of their peers are suitable candidates for victimisation and can predict who will join in the bullying and they can justify their bullying. ¨ Identified bullies in school are most likely to be convicted for crime in early adulthood ¨ Bully status: associated with depression, suicide, risk-taking behaviour, substance abuse and poor academic achievement. ¨ They are often underachievers and show antisocial behaviour. 7  The behaviour of the victim: Like the bully, the victim is also attributed to family characteristics, e.g. passive victims, anxious, submissive, insecure, quiet, low self-esteem and having few friends. Victims often violate social norms: interfere in conversations, become impatient, have hyperactivity disorder, irritate those around them and elicit negative responses from their peers. Victims are vulnerable to depression, anxiety-related disorders, poor problem-solving ability, truancy and academic difficulties, substance abuse and suicide. Victims internalise bullying (assume it is normal) in an environment where aggressive behaviour is accepted. Show vulnerable traits e.g: overweight, small or handicapped. 8 Understanding bullies and victims: Bullies are not necessarily social, academic or sports failures. Boys often follow the lead of a dominant boy – bystanders in the bullying process Boys who bully are socially confident, socially competent, assertive, with good communication skills, and positive self-image QUESTION: if they have social skills why do they bully? 9  Why do boys bully others? Advantage themselves. Build a hierarchy based on physical strength Competitive spirit. Play fighting to get out of hand. Need to demonstrate their dominance over others. Show their strength – often using rituals. 10  Role of the male bully: The Bully is positioned centrally in the group. He may not be the one who is leading the physical assault, remains on the side giving instructions to his followers. Provide fun and entertainment to the group Public humiliation of their victim adds spice to their attacks. Bystanders hesitate to help the victim (scared to change/challenge the dominance of the leader). Dominant males are considered the heroes. 11  Boys who are victims: Less physical, less dominant, less confident, not socially skilled, cannot communicate well. Does not fit in anywhere socially, a loner. Targets of jokes. Automatically assume the role of “servants”. 12  Girl bullies and victims: ¨ More subtle - social exclusion, name-calling, gossip, abusive notes, SMSs. ¨ Girls refer to family issues and socio-economic status. ¨ Bully within their friendships and acquaintanceships – ‘best friend’ concepts. ¨ Fluctuation of favour. ¨ The Bully has information about the victim due to a past relationship and has the telephone number, email, and address. ¨ Use strategies to exclude, ostracise, ridicule (mocking)or demoralise other girls. ¨ Issues such as body shape, weight and fashion (clothes girls wear). 13  Categories of bullies: Victims turn into bullies. Feelings of failure – attack more successful learners. Use the language of command – give instructions. Provocative (make angry/stir) bullies. Lack of understanding of the feelings of others. Think they are only having fun. Wish to receive punishment (attention). Aim to get victims to fight so that they can retaliate. 14  Different forms of bullying: Physical bullying: punching, poking, violent assault. Verbal bullying: name-calling, threats, racist remarks. Relational bullying: the victim is deliberately excluded from activities or groups. Emotional (psychological) bullying: terrorising (creating fear and distress/filling with terror), extorting (getting something through threats), humiliating. Sexual & gender-related bullying: sexual harassment and abuse Cyberbullying: electronic or cellphone bullying/social media 15  Sexual bullying: Inappropriate touching and crude remarks. Reputation: name-calling and sexual orientation. Hypermasculinity- ultimate male: social power, “who’s the boss? I am/Cowboys don’t cry” Users of girls. Girls: labels given to other girls: morality, name- calling. Boys: fight about power, strength and “who is the best?” Girls fight about boys. 16  Homophobic bullying: Physical and emotional bullying based on actual or perceived sexual orientation (LGBTQ). Name-calling: race, ethnicity, gender. Physical attacks: race, ethnicity, gender. Learners who do not conform to the typical gender (heterosexual) behaviour. 17  Types of cyber/digital bullies: Definition: any type of bullying carried out by an electronic medium. The vengeful (revenge) angel: takes justice into their own hands, and harms someone in return for a perceived injury. The power hungry: “revenge of the nerds”, feel the power from cyberbullying, brag about their actions. The mean girls: planned in a group, done for entertainment, need an audience, show their power. The inadvertent (without planning) bully: I do it because I can, do not lash out intentionally, respond without thinking, and do it for fun. 18  Cell phone bullying: Abuse of cell phones. Sending derogatory (disrespectful) messages. Threatening SMSs. Sending derogatory pictures. Record and distribute a video of someone conducting violent actions and then threatening him. 25% of girls and 11% of boys are involved. Bullying is not a once-off action. 19 Emotional effects of bullying: Powerlessness Hopelessness Uncertainty Trapped Guilt Shame Fear Anxiety Loss of identity 20  Combating Bullying: keep causal factors in mind: Family factors: parent behaviour towards the child (warm/cold), behaviour of the parent (aggression: children model the behaviour of the parents /aggression between parents), lack of supervision. Individual factors: emotions of the child, temperamental, lack of sensitivity towards others, no regard for others, more inclined to bullying. School factors: supervision, school climate and culture, enforcement of school rules etc. 21  Combating Bullying: Awareness programmes (info and ways to deal with it): learners and adults involved in these programmes. Every school must have a bullying policy: include all information and procedures, names of contact persons. Victim empowerment is of utmost importance: encourage them to disclose this behaviour to be able to assist the bullies and inform them of their wrong behaviour. Annual survey to be conducted: estimate the prevalence of bullying. 22  Combatting bullying: ’No-blame approach: Interview with the victim (and parents). Arrange meetings for all the learners involved. Explain the problem: concentrate on the victims’ feelings. Share responsibility: focus on resolving the problem. Identify solutions: ask for suggestions from learners. Meet again and follow up on progression. 23  School’s role in combating bullying: ¨ What schools value: socio-cultural perspective – covert (secret/hidden) signals and attitudes, norms, standards the school values. ¨ Ethos of the school (morals, values and beliefs) ¤ Attitude of the teachers ¤ Reaction to unacceptable behaviours ¤ Insensitivity to victims ¤ Demonstration hierarchy ¤ Power relations in the school ¤ How competitiveness is demonstrated (I must always win) 24  Possible advice: Emphasise peer relationships: families Construction of identity. Self-esteem and social esteem. Group membership. Gender and sexuality: use of language, model behaviour. Do not use words that discriminate, are offensive, or create social categories. Remember sexuality is at the very forefront of young people’s minds: competition for status /dominance in the social structure. 25  Legal duty to prevent bullying: Duty of care. Protection of learners’ rights (e.g. equality, human dignity, freedom and security of person, children’s rights and right to education). Managing learners’ right to freedom of expression (false statements, hate speech and pornography). School policy – identify unacceptable behaviour. Develop strategies to manage physical, emotional and verbal bullying – discuss different strategies. Support both bullies and victims. 26  OPV 322 WEEK 6 & 7: Creating a disc Classroom Class Presentation  Creating a disciplined Classroom Week 6 This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2  Introduction: “To meet the demands of today’s classroom, it is crucial for educators to be proficient (competent) in maintaining order. They are expected to analyse problematic situations and prevent violent and dangerous actions, thereby creating a safe environment where effective teaching and learning can take place”. 3  Discipline: ¨ Discipline aims to prevent/and or control disruptive or unacceptable behaviour. ¨ Teach learners responsibility and respect for themselves and others. ¨ Discipline is a teacher-directed activity aimed at leading, guiding, directing and confronting learner behaviour. ¨ Discipline cannot be established through a compulsory adoption of a code of conduct. 4  Discipline: Discipline is a positive approach to teaching children self-control and self-confidence – it focuses on what the children learn and what they are capable of learning. Discipline aims to educate or train people to obey rules or a code of behaviour for a civilized and orderly society. It is a process aimed at managing and promoting positive behaviour. 5  Punishment: Punishment is a facet of discipline. It involves action taken in response to inappropriate behaviour. The purpose is to correct, modify behaviour and restore harmonious relationships. Punishment is more reactive whereas discipline is proactive. 6  Characteristics of a disciplined classroom: Practice democratic principles – shared decision- making, responsibility, and problem-solving (result = peaceful classroom). Learners obey rules. Educators and learners are motivated. Both educators and learners have positive attitudes towards learning. Climate (positive vibe/feel/atmosphere) is conducive (effective) and positive for teaching and learning. 7  Characteristics of a disciplined classroom: A pleasant working environment, order in the classroom, opportunities for learners to work independently, stimulation and a challenge: help to motivate learners. Then they are usually not disruptive. Educator with positive attitudes leads to children with positive attitudes (monkey see, monkey do). Educators who resent going to school see extramural activities as a waste of time and dislike children are unlikely to manage themselves and their learners and their classroom productively. 8  Responsibility of the educator in creating a disciplined classroom: Professional educators: Use time effectively (covid-19). Must be self-disciplined and a role model. Motivate the learners to learn. Learners must know what is expected of them (class rules). Promote values such as respect and care for others. Create routines for specific tasks. Demonstrate calm and efficient problem-solving skills. Allow minimal disruptions and create disciplinary actions. Strategies to handle conflict. 9 Good planning helps create a disciplined classroom: Most disciplined problems occur due to poor planning and preparation. Know the learners. Prepare and planning lessons. Arrange the classroom in an organised, neat manner. Keeping up to date with the subject (read a lot) Having clear and simple classroom rules Using a wide variety of teaching materials. 10  Legal Principles: Legal rules must be formulated in the code of conduct (state clearly what is expected of the learner and the consequences for breaking the code). State learners’ rights and obligations (emphasise both). The code of conduct must be reasonable (findings made after the investigation) and fair (procedure to be followed: explained during assemblies). When a learner acts within the boundaries of the code of conduct, a secure and relaxed environment is created, enabling learners to concentrate on their schoolwork (everybody can focus on teaching and learning). 11  Classroom discipline and human rights (Constitution: Bill of Rights) Section 9 - Equality: no unfair discrimination (learners should be treated equally when administering discipline.) Fair discrimination must be justifiable. Section 10 - respect and dignity: (corporal punishment causing physical harm), (name calling and belittling of learners infringing their right to dignity). Section 24 - Right to a safe environment: school rules and code of conduct should address issues of violence at school and initiation of newcomers, during interaction on a playground where bullying is an ever-present threat (class furniture, floors, walls, ceilings, roofs in good condition). 12  Classroom discipline and human rights: Section 12 - freedom and security of a person: Bodily and psychological integrity (not to be treated cruelly and inhumanely) Punishment is considered unreasonable if: 1. Punishment outweighs the offence. 2. Resulting in physical /psychological harm. 3. No sufficient cause – lack of evidence of breaking rules. 4. Punishment that does not suit the age of the learner. 13 Classroom discipline and human rights: Section 14: Right to privacy: Educators have legal authority to search so long as it is reasonable and justifiable. Other conditions: 1. Same gender person conducts the search 2. Have a witness (another teacher) 3. Searched in private 4. Records of search proceedings 14  Classroom discipline and human rights: Section 29: Right to education: Learner suspension/expelled for misconduct – the school principal does not have the authority to suspend the learner. SGB: 1. Reasonable grounds on suspicion of serious misconduct (due process before suspension, as a precautionary measure). 2. Reasonable opportunity to make representation concerning suspension. 3. Approval for extension of suspension and expulsion by HoD. 15  Classroom discipline and human rights Section 16: Freedom of expression (clothing and hairstyles). Discuss court case: Danielle Antonie v Governing Body, The Settlers High School & Head of Western Cape Education Department (Read p.67). 16 Factors that may cause or result in classroom indiscipline: Learner related problems: Socio-economic factors Violence and bullying/domestic violence Bad role models (family) Aggression Peer pressure Discuss other factors. 17  Factors that may cause or result in classroom indiscipline: School related factors: Lack of facilities Lack of space Extraordinary activities such as tours/excursions Culture and climate of the school Group work Discuss other factors. 18  Factors that may cause or result in classroom indiscipline: Educator related factors: Lack of preparation Negative attitude and lack of interest in the students and their work Lack of patience Bullying/victimisation Lack of classroom management skills. Discuss other factors. 19  Factors that may cause or result in classroom indiscipline: Parent related problems: Lack of support to the learner/teachers Lack of interest in the learning process Lack of value for education or educator Child-headed families (orphans) Not good role models Discuss other factors. 20  Creating a disciplined Classroom Week 7 21  Creating a disciplined classroom: Successful discipline depends on educators' ability to establish positive relationships with learners of a diverse population (be democratic, not autocratic) Educators need to empower learners to be in charge of their behaviour and learning and help them to monitor their behaviour and the consequences of their decisions. Instead of “punishment management” the educator must promote “responsibility training” (children must be responsible about everything they do: stop blaming) 22  Creating a disciplined classroom- Proactive discipline strategies 23 -Learner empowerment and involvement -Good educator-learner relationship in decision making and problem solving -Democratic principles. Act firm, otherwise - Teacher must abandon control tactics like rebellion rewards and punishment Influence the behaviour of the learner, do not try to control it! -Emphasis on acceptable behaviour: right and wrong. Commonly shared values: -Involving other partners and specialists, respect and dignity psychologists and social workers. Educators must work cooperatively with -Teachers are educator-researchers, learners and parents always consider the changing needs of their learners 23  Discipline Models: The assertive discipline The logical consequences Educator effectiveness 24 model model training model Learners need to be controlled Learner’s needs must be met – Self reflection on the through a set of rules that must the need for social recognition behaviour of the educator. be followed and power Predetermined rules and Educators should view learners Teach educators to manage procedures.Communicate to who misbehave as attention their behaviour. Teach the students (code of conduct) seekers and recognise them learners self-control Positive consequences for Punishment should not be used Cooperate with the learners. obeying the rules as it increases the learners Teach learners to become self- sense of inferiority reliant in making positive decisions Negative consequences for Motivate learners to avoid Be a role model breaking the rules misconduct Control oriented strategy Power-based strategy Sense of self control 24 Classroom Policy, Rules & Procedures Classroom Policy: General guidelines for behaviour in the classroom should include order in the classroom, teaching and learning, learner behaviour, homework, class decoration, neatness of class, respect for property (let children control this) Learners should take part in policy formation The policy should be implemented using rules (acceptable & unacceptable behaviour) and procedures (the way in which specific tasks are carried out) examples: Policy: class is always neat Rule: no paper thrown on the floor Procedure: end of the period, paper thrown in the basket 25  Guidelines when drawing up class rules: Keep rules reasonable and necessary Keep the number of rules to a minimum Rules must be functional and practical Formulate rules positively Keep rules short and clear Keep the rules simple Clearly display class rules on the notice board Allow learners to take part in formulating the rules 26  Examples of class rules: Children’s behaviour towards educators, fellow learners and leaders (act politely, with honesty and obediently). Orderliness and punctuality: disruption of class is unacceptable. Security and care of school property: report violations. Safety of learners: all forms of violations (discrimination, violation of human rights, fighting, harassment & abuse). Cleanliness and care for school (keep classrooms in good condition, take care of water and electricity). Rules of a general nature: certain rules only apply to specific schools (develop rules for libraries, laboratories, workshops, gym, sports fields and equipment). 27  Examples of classroom procedures: At the beginning of the lesson: - line up outside the class, enter the classroom - Absent learners & learners who were absent the previous day - Learners who are late (task of the RCL learners) - Own behaviour and behaviour of peers Using teaching aids in the classroom: - Participation of learners during a lesson (listen, answer, write) - Classwork (set procedure vs creativity)(modern technology) - Homework in class (control and start with new homework) During group work: - Group formation (choose leaders) - Report back At the end of the lesson: - How learners should leave the classroom (clean up) 28  Punishment: Corrective disciplinary action – sanctions that the school impose for breaking the rules. Corporal punishment is forbidden. SASA section 10: ignoring regulation may result in a criminal offence. Alternative to corporal punishment /positive disciplinary action. 29  Disciplinary strategies for classrooms: Learners who fool around during class time must catch up during break (remember breaks are important for learners). A quiet talk with the learner to discuss the problem and find a solution. Temporary removal of choices/privileges (let him sit in front of the classroom or apart/away from his/her friends). An apology (verbal, 2nd time in writing). Letter/mail for parents (written by learner or educator). The educator makes phone calls to parents (information on the problem). Meeting with parents at school (parents' evening). NB: A paper trail is important because parents like to indicate that they weren’t aware of the problems at school! (report card). 30  Other forms of punishment: Sending learners home: fighting, bullying, drugs, smoking. Detention: isolation during class, break or after school. Behaviour management contract: between educator & learner (behaviour support programme). Time-out: from other learners. Withdrawal of privileges: sports/cultural activities. Extra work: must be purposeful: better his achievement. Community work: helping with charity work/clean school. Debit point system: for good work/violations of rules. Suspension: temporary exclusion from school. Expulsion: permanent exclusion from school. 31  Factors to consider before punishing a learner: The seriousness of the offence. The age of the learner. The distance the learner has to travel. The availability of transport. Prior warning in writing. Detention room/class. 32  Different Levels of Misconduct: LEVEL 1- inside classroom ¨ Late coming Ø Not doing homework Ø Bunking classes (truancy) Ø Dishonesty of minor consequences Disciplinary Action – educator (warning, community service, demerits, additional work, timeout, detention) 33 Different Levels of Misconduct: LEVEL 2 – Breaking school rules Ø Frequent repetition of level 1 misconduct Ø Smoking or carrying tobacco Ø Leaving school without permission Ø Using abusive language Ø Interrupting classes Ø Disrespecting others Disciplinary Action – HoD or disciplinary teacher (involving parents/guardians, written warning, daily report taken by learner and signed by educator and parents) 34 Different Levels of Misconduct: LEVEL 3 Ø Repeating level 2 misconduct Ø Inflicting injury on other people Ø Gambling Ø Forging documents/signatures Ø Discriminatory behaviour (racism, sexism) Ø Possessing dangerous weapons Ø Theft, vandalism Ø Cheating during exams (and tests) Disciplinary Action – principal or outside agency (written warning and possibility of suspension, counselling and community service. 35 Different Levels of Misconduct LEVEL 4 ¨ Repeating level 3 misconduct Ø Threatening people with dangerous weapons Ø Causing intentional injury to others Ø Verbally threatening people’s safety Ø Sexual abuse Ø Possessing /using alcohol selling drugs or being drunk Ø Disrupting the entire school Ø The principal may request a urine test on learners suspected of using drugs (A formal disciplinary hearing should take place) Disciplinary Action – SGB and disciplinary committee (disciplinary hearing – suspension or expulsion) 36  OPV 322 WEEK 8: Self Dev and Management Class Presentation  EDUCATOR SELF- DEVELOPMENT AND MANAGEMENT This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2 Read the poem “Choices” on page 83 of the textbook and determine how we could choose to live. What is self-development?? Self-development is a process through which people strive to become more competent in the way they manage their lives, their relationships with others, their personal objectives and their working objectives. 3 At the level of the individual, personal development includes the following activities: Ø Improving self-awareness (own individuality/personality) Ø Improving self-knowledge (interests and aptitude) Ø Spiritual development (deal with life’s ups and downs) Ø Improving health Ø Identifying or improving potential Ø Setting a realistic personal and career vision, aims and objectives Ø Fulfilling aspirations Ø Improving social skills and abilities. 4 Characteristics of effective self-development Experience and research suggest that educators who manage their self-development effectively have the following characteristics: They are responsible (for tasks) and accountable (ownership for results) for their learning and continuous development. They know their skills. They believe in their abilities and potential. 5 Ø They are enthusiastic about their self-development because they understand its value. Ø They are energetic in tackling their daily activities. Ø They know their limitations and areas where they must improve, and make the effort to improve those areas in which they lack skills. Ø They are value-driven. 6  Self-development involves personal change, for example, new abilities, different outlooks and new feelings. As a result, we feel that we are better people, better educators, because of these new qualities, rather than merely having refined skills and abilities that we already had. This acceptance of ourselves is accompanied by knowledge and understanding of ourselves, and also by an inner drive and inner direction a sense that there is a purpose in life (see Table 5.1). 7 Focus of Objectives of self-development developme nt: aspects Thinking Feeling Willing of the self Health: Non-dogmatic (open Awareness and Nutrition A sound mind in a to new ideas) and acknowledgement Diet sound body open-minded of feelings Physical fitness Commitment to Inner and outer Healthy habits and coherent (logic) and balance lifestyle consistent ideas and Integration benefits Inner calmness At the same time, an ability to live with ambiguities (uncertainties)and paradoxes (contradictory statement) Ability to handle both detail and overviews (bigger picture) Personal values Personal standards 8 Focus of Objectives of self-development development: aspects of Thinking Feeling Willing the self Skills Mental and Social skills Technical skills conceptual Artistic skills Job skills (visionary)skills, e.g. Expressive skills Physical skills job knowledge, Mechanical skills memory, logic, (machinery/tools) creativity, intuition (gut feeling) Action in getting things Ability to make Ability to manage, Ability to go out, to done: choices and make sense of and take initiatives, to step Motivation and courage sacrifices transform setbacks, in Ability to say no frustration, disappointment, unhappiness and suffering 9 Focus of Objectives of self-development development: aspects of the Thinking Feeling Willing self Identity: Knowledge, Acceptance of Self-motivation, It’s all right; it’s good awareness and self, in spite of inner compass, to be me. understanding of weaknesses purpose in life self Rejoicing in strengths Source: Prinsloo & Van Schalkwyk, 2008: 4 10 Four main personal qualities are needed. These qualities can be seen as being two-dimensional (see Figure 5.1). 11  It is important to remember to develop: Courage and determination, but not recklessness, foolhardiness (foolishly brave) or stubbornness. Openness and humility (humble), but not inferiority. Security (being safe) and faith, but not complacency (unaware of dangers) or fatalism (powerless to change the world). Purpose and hope, but not fanaticism (extreme ideas, radical, militant). 12 Self-development : Involves hard work, but it is very exciting, satisfying and fulfilling in many ways. It is important to remember that self-development often involves difficult patches; it requires hard work, determination and commitment. Table 5.2: Positive and Negative Education Leader The positive educator The negative educator Acts Is a victim Accepts responsibility Blames others Is objective Is subjective Listens and responds Rejects suggestions Proposes solutions Criticises Delegates Is incapable of delegation Sees opportunities Sees threats Has breadth of vision Is occupied with detail Faces up to problems Conceals problems Learns Is taught Has foresight Has hindsight Source: Prinsloo & Van Schalkwyk, 2008: 5 What is emotional intelligence? Emotional intelligence is the educator’s ability to be self- aware (to recognise his or her own emotions when he or she experiences them), detect emotions in others and manage emotional cues. For example, educators who know why they are angry and how to express this without violating norms are most likely to be effective. The capabilities which include self-awareness; self- management; social awareness and social skills, must be developed. 15 An emotionally intelligent educator thus demonstrates the following characteristics: Ø Understands his or her own emotions better. Ø Manages his or her emotions more effectively and thereby increases his or her quality of life. Ø Understand others (colleagues, learners and parents) better and in this way interact more comfortably with other people. Ø Builds more satisfying relationships with other people on all levels and in all walks of life and thereby improves his or her personal power (influence people, power comes from your characteristics) and productivity. 16 An emotionally intelligent educator thus demonstrates the following characteristics (continued): An emotionally intelligent educator will have the ability to show empathy (understand and share the feelings of another/feel the pain) with others. Treat others with sensitivity and respect. Learners especially need to feel emotionally supported and to be accepted. The following characteristics are typical of emotionally intelligent educators when it comes to learners: Being empathetic, Recognising and appreciating good work Validating efforts (acceptable), Appre