25 May 2022

109

Safety of School Buildings

Format: APA

Academic level: Master’s

Paper type: Research Paper

Words: 2468

Pages: 8

Downloads: 0

Introduction

It is imperative that school leaders understand security and safety in the sense of an important management function. School leaders have a primary responsibility of ensuring that security and safety becomes a way of thinking in schools. As such, the stakeholders should always endeavor to make safety of school buildings a priority item in the development agenda. Keeping students safe in school is a major responsibility of the leaders administering the schools. When a student gets injured, and the claim is negligent supervision, the school will have a greater chance of prevailing, particularly when it has clear policies, and it enforces them (Netshitahame & Van Vollenhoven, 2002). However, when a school fails to maintain its premises and equipment and does not have in place a regular inspection plan, the plaintiffs are more likely to prevail in school premises liability lawsuits. Thus, schools are obliged to keep buildings free from hazards and maintain them on a regular basis. 

Public school litigation has had a significant impact on school operations in the United States. As such, the law is increasingly influencing the practices of education, particularly in terms of safety of students. The Supreme Court makes decisions affecting schools, along with school personnel almost every year. Therefore, it is important to recognize the role that law plays regarding the practice of education, particularly in the United States. For instance, decisions in landmark cases have served to shape education in the United States significantly. 

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It is estimated that 1200 to 3000 cases involving educators are heard in the United States every year, with the figure expected to increase in the future. It has also been observed that litigation in schools had increased during the past ten years, with tort cases being the most common suits brought against educators. Classroom teachers are the most vulnerable when it comes to tort litigations in the United States. Tort cases are those that involve civil wrongs that take place when an individual or a group of people get injured resulting from conduct from another that is less than reasonable. Essentially, school educators are charged with the responsibility of maintaining safety in schools. This is because the students are literally under their care. As such, they should realize that they take responsibility for whatever happens to the students while at school. If a particular teacher breaches his or her duty to the student resulting in damage or injury, the same teacher can be held liable for his or her acts of negligence. It is important to realize that parents are becoming more knowledgeable and sophisticated about the law, as well as student rights. As such, they are more likely to file lawsuits against the schools, and the individual teachers may see themselves facing litigation when students are injured. 

Currently, teachers and school leaders feel the continual stress of the possibility of being sued during their career. Subsequently, educators view the law as an invisible monster, lurking and waiting to catch them making a mistake. The persistent fear, as well as the threat of litigation, have significant adverse effects on the minds of both administrators and teachers in schools. This persistent fear of litigation represents an added stress and anxiety that educators must face. Such stress and anxiety could be enough for some to abandon their career as an education professional. 

Apparently, the best method for preventing potential litigation is generally to prevent legal challenges from happening by promoting safety in schools. Additionally, it is essential to ensure that all school personnel are made aware of their legal responsibilities regarding the overall safety of students. Therefore, the educators should be equipped with a thorough and accurate knowledge of negligence and tort liability.

Therefore, educators have a duty of ensuring that school buildings are safe and healthy for students to study in. In cases where hazards are identified in school buildings, educators should be proactive in addressing such safety issues. Safety equipment should be installed in school buildings, and school leaders should play an active role in ensuring that students are educated on safety practices. Apart from ensuring that school buildings are safe, students should always be supervised to ensure that they do not engage in potentially dangerous activities while inside the school buildings. 

Requisite Knowledge Base among School Leaders

School leaders bear much of the responsibility regarding the safety of students. Therefore, they should always be concerned about the safety of the school's facilities. School leaders should be aware of tort law as well as the factors affecting tort law. Essentially, tort liability is considered a state of action, and that courts determine the damages based on the applicable state laws (Holben & Zirkel, 2014). However, it is important to realize that each of the states of America has somehow different tort law regimes. Besides, each state limits the available types of defenses against tort offenses. 

There are various types of tort actions recognized by law. There are two types of tort actions: intentional torts and unintentional torts. Educators are vulnerable to both intentional and unintentional torts. 

Intentional torts refer to torts that results from willful wrongs committed against another individual. However, it is important to realize that a particular deliberate tort does not necessarily mean that the wrongdoer meant to hurt another individual. If an individual goes further to invade the rights of another, he may be liable for an intentional tort. Additionally, intentional torts can be further divided into four harm categories; harm to dignity, harm to the person, harm to property, and harm to economic property. Intentional torts allow the injured party to recover sustained. It is therefore crucial for an educator to think before he or she acts. 

Unintentional torts or negligence are different from intentional torts. They are neither intended nor anticipated. As such, they are considered as the accidental failure to exercise reasonable care. 

The potential for liability for negligent actions of school personnel is an important area of concern for school leaders. School leaders are often confronted with liability issues each day. Besides, it is important to realize that negligence torts are the most common in a typical school setting. As such, school leaders must thoroughly understand the whole concept of negligence, particularly as they anticipate reacting to circumstances that could result in injuries to students, as well as the potential lawsuits against them or the school. Essentially, when an injury occurs in the school setting that is unavoidable; there is no liability for either the school or the school personnel (Holben & Zirkel, 2014). Therefore, there are some accidents in the school whose cause was unavoidable, and the school leaders cannot be held liable. However, if an injury happens as a result of the negligence of school personnel, there will be a justification for litigation. 

There are various elements of negligence that school leaders must understand. Simply proving that there was indeed a breach in the standard of care does not necessarily mean that there is a liability for negligence. As such, proving the existence of a breach of a standard of care is simply a single element in the process of determining liability. In fact, an individual seeking redress must effectively prove that he or she suffered harm as a result of another person's breach of the standard of care. In negligence tort cases, there must be four critical elements present for plaintiffs to prevail. The elements include the duty of care, breach of duty, proximate cause, and injury. 

Essentially, school leaders and educators owe the students under their responsibility a duty of care. As such, school personnel have a distinct responsibility of ensuring the safety of all the students. Besides, schools have a responsibility of protecting students from injuries. It is believed that students take the place of parents in school. As such, students have a right to attend schools that are safe and free from violence. Thus, school leaders have a primary duty of ensuring that students learn in a safe and healthy environment. Furthermore, school leaders should ensure that school buildings are safe for students to learn in them. The electric cables should be covered, and the windows and doors should be designed in such a way that they promote the safety and welfare of all students. When students are in school, they are deprived the care and supervision of their parents, and the teachers assume that major responsibility. Therefore, when teachers become negligent, and their actions result in the injury of a student or students, the school leaders take the responsibility (Bosworth et al., 2011). Thus, school leaders should take it their responsibility to ensure that their school buildings are safe for students. School leaders must ensure that school buildings are inspected for defects and report any conditions that may be hazardous. In case of any defects or hazards, the school leaders have the primary responsibility of taking temporary measures aimed at ensuring safety and protection of students from potential injury or harm (Furrrow, 2014). For instance, educators should be strongly advised to exercise good judgment when deciding whether to prohibit the use of questionable facilities. This is because educators must warn students and provide appropriate instruction on how to avoid harm or injury. 

Channels of Communication

Excellent communication is at the heart of any good school. It is essential to identify which communication channels are appropriate and effective in maintaining safety in schools. School leaders should always utilize the potential of communication in promoting a culture of safety. The most effective channels of communications that should be kept open include class teachers, class representatives, notice boards, and parents. Class teachers play an important role in the school's communication structure. Class teachers can get information right from the students to the school administration. Some of the students are open to their class teachers, and they can relay any safety concerns to them. 

Class representatives are another vital channel of communication available for school leaders. The school leaders should develop a rapport with student leaders so that any safety concerns can be communicated to them within a very short time. Additionally, student leaders should be allowed to relay safety information to their fellow students. Encouraging seamless flow of information between students and the school leadership can go a long way in promoting safety. 

School notice boards are another effective channel for communicating with students and other members of the school community. Students should also be encouraged to visit the school notice board during their free time to access the information posted in them. 

Finally, parents present another vital channel of communication that is rarely used. Most of the students trust their parents more than anyone else. As such, they will be free to share any critical information with their parents relating to their safety. Thus, if parents are involved in the school's safety communication plan, more important information can be received from parents. It is important to realize that parents are more concerned about the safety of their children more than anyone else.

Major Roles of a School Leader 

Safe and supportive school leadership is characterized by communication of a clear and sustainable vision, strong commitment, and oversight, as well as designated staff with resources. The following are some of the roles of school leaders.

There are several roles of school leaders in oversight. Firstly, school leaders are responsible for ensuring that students learn in a safe and supportive environment (Bush & Glover, 2014). This normally requires ongoing planning, development, and maintenance. The school leaders are also responsible for providing a safe working environment for staff and school visitors. 

The school leaders play an essential role in providing vision by ensuring that the vision statement and the strategies are documented clearly, like an important school policy. The school leaders also identify the existing school practices and ensure that they are consistent with the school's vision relating to safety. Furthermore, the school leaders systematically review progress in relation to the achievement of the vision. 

School leaders also help in providing resources to support implementation. The school leaders play an active role in soliciting funds for implementing safety policies in schools, particularly in school buildings. As such, they identify budget implications for implementation of the safety policies. 

The school leaders also play an important role in involving the whole school community in promoting safety. The school leaders are pivotal in working with the school community, including parents to improve the general safety and welfare of students in schools. 

Interpersonal Skills Needed by School Leaders

School leaders interact with virtually every member of the community ranging from teachers, school employees, students, and teachers. Therefore, they require interpersonal skills necessary for developing and maintaining healthy and helpful relationships in the school. Self-confidence, work ethic, relationship management, receptiveness to feedback, and collaboration are some of the critical interpersonal skills needed by school leaders. 

School leaders need to demonstrate a high level of self-confidence to inspire action among the members of the school community (Leithwood & Jantzi, 2005). Self-confidence ensures that people believe in what the school leaders say. Respectfulness and dependability characterize work ethic. School leaders who have a work ethic are more likely to succeed in steering the school in the right direction. Relationship management is essential for school leaders. Although school leaders can build relationships with the members of the school community, they need to manage them effectively. Receptiveness to feedback is another essential interpersonal skill for school leaders (Bush & Glover, 2014). School leaders should have the ability to take on board what they have been told and use it positively to promote the overall safety of the school. Collaboration is also essential for school leaders because they have to work with people. The ability to cooperate and respect each other promotes unity of purpose. 

The significance of Data Collection

Ethical and valid data on issues related to student safety can help in making appropriate decisions that will improve the safety of students in school. Data assists in the identification of specific school safety needs, as well as what is working and what is not working. Additionally, data on feedback upon implementation of certain safety policies can help in the improvement of safety standards. Ensuring that all family files are continually kept up to date ensures that parents can be reached immediately in times of critical incidents. A regular review can also help in assessing the effectiveness of current practices in promoting safety. Any feedback can be used to improve the safety of school facilities further. 

Serious Legal Implications

When it is established that educators are liable for any injuries caused to students, they may be fined or imprisoned. School personnel can be held responsible for damages particularly if they are aware of the problem and fail to take the appropriate action. School personnel are considered as the employees of the school board, and they may be liable for torturous acts. Essentially, students or their parents have the option to sue the individual teachers and hold them personally liable for their negligence torts. 

Strategies for Avoiding Potential Litigation and Liability

The school leaders have a responsibility of ensuring that they, including other school personnel, do not face litigation and liability. The school leaders should effectively explain the legal duties owed by teachers and school personnel towards students. Additionally, the educators and other school staff should be encouraged to exercise the highest standard of care required by law. Potential litigation and liability can also be avoided through the provision of suitable and safe premises, along with an adequate system of supervision. Additionally, appropriate medical assistance should be provided to injured or sick students. 

Course and Personal Preparation for Leadership

The paper is relevant to my course, as well as my preparation for leadership. Firstly, the paper addresses the need for safety in schools, where students get an education. For education to be effective and sustainable, the students should be provided with a safe and supportive learning environment. Additionally, teachers should also be provided with a safe working environment so that they can deliver services more effectively. Secondly, the paper has important information that will help me acquire the knowledge necessary for effective school leadership. The roles of school leaders highlighted in the paper have informed me on the critical roles that I should focus on as I prepare for leadership. 

References

Bosworth, K., Ford, L., & Hernandaz, D. (2011). School climate factors contributing to student and faculty perceptions of safety in select Arizona schools. Journal of school health , 81 (4), 194-201.

Netshitahame, N. E., & Van Vollenhoven, W. J. (2002). School safety in rural schools: Are schools as safe as we think they are?. South African journal of education , 22 (4), 313-318.

Leithwood, K., & Jantzi, D. (2005). A review of transformational school leadership research 1996–2005. Leadership and policy in schools , 4 (3), 177-199.

Bradshaw, C. P., Waasdorp, T. E., Debnam, K. J., & Johnson, S. L. (2014). Measuring school climate in high schools: A focus on safety, engagement, and the environment. Journal of school health , 84 (9), 593-604.

Holben, D. M., & Zirkel, P. A. (2014). School bullying litigation: An empirical analysis of the case law. Akron L. Rev. , 47 , 299.

Farrow, T. C. (2014). Residential schools litigation and the legal profession. University of Toronto Law Journal , 64 (4), 596-619.

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StudyBounty. (2023, September 15). Safety of School Buildings.
https://studybounty.com/safety-of-school-buildings-research-paper

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