Behaviour disorders and the negligent teacher

Tait, Gordon (2008) Behaviour disorders and the negligent teacher. In Proceedings of AARE 2008 International Education Conference : Changing Climates : Educatrion for Sustainable Futures, AARE, Queensland University of Technology, Brisbane, Queensland.

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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’, then the concomitant duty of care requirements for teachers becomes more onerous. As a consequence, teachers are less likely to be able to defend themselves against 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, as required by increasing numbers of disordered pupils, place teachers in an ever more difficult legal position.

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ID Code: 28924
Item Type: Conference Paper
Refereed: Yes
Additional Information: the proceedings of this conference can be freely accessed via the conference's website (see Official URL)
Additional URLs:
Keywords: ADHD, Behaviour Disorders, Tort Law, Education
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > Research Centres > Office of Education Research
Current > QUT Faculties and Divisions > Faculty of Education
Past > Schools > School of Cultural & Language Studies in Education
Copyright Owner: Copyright 2008 Gordon Tait
Deposited On: 26 Nov 2009 23:07
Last Modified: 29 Feb 2012 14:06

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