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Behaviour disorders and teacher negligence

Tait, Gordon (2009) Behaviour disorders and teacher negligence. International Journal of Law and Education, 14(1), p. 93.

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Abstract

The purpose of this paper is to examine the legal implications of the continuing rise in the number of school children diagnosed with behaviour disorders. Not only are teachers now subject to a dense grid of legal regulation, they are also increasingly vulnerable to actions in tort. It will be argued here that as more and more children are labelled ‘disordered’, the duty of care become more onerous, and hence harder for teachers to meet. As a consequence, teachers are more likely to face claims of negligence. It is concluded that while the schooling system needs to retain a healthy scepticism about each new pathologising disorder that seeks special status for its sufferers, it also needs to provide greater training and resources for teachers regarding disorder management. It is also concluded that recent changes to negligence law regarding the issue of ‘reasonable foreseeability’ within breach of duty of care, may not be as significant as might have been hoped by the teaching community. Indeed, the elevated standard of care required by the increasing numbers of disordered pupils, places teachers in an ever more difficult legal position.

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ID Code: 28833
Item Type: Journal Article
Additional URLs:
Keywords: ADHD, Tort Law, Negligence, Behaviour Disorders, Teacher responsibility
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Past > Schools > Brisbane Graduate School of Business
Current > Research Centres > Office of Education Research
Current > QUT Faculties and Divisions > Faculty of Education
Deposited On: 19 Feb 2010 14:24
Last Modified: 01 Mar 2012 00:07

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