OPV 322 Week 3 ^0 4 E Beyers-Prinsloo Ch.2 Safe classroom(3).pdf

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:...

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