Chapter 11

1. Chapter 11 Creating a Safe Movement Environment

2. Objectives-Chapter 11 • Identify safety concerns when children are engaged in physical activity. • Discuss legal issues in the movement setting. • Understand the concept of negligence as applied to movement settings. • Determine the appropriateness of various activities in movement settings.

3. It is important…. That the classroom teacher and physical education specialist work together to be consistent with rules for safety. Safety is everyone’s responsibility.

4. General Legal Concepts • Tort law provides the basis for awarding compensation to individuals for losses suffered as a consequence of the actions of others. Tort law covers: • Intentional acts that result in harm • Unintentional acts that result in harm • Acts of omission (teacher should have done something to prevent injury but did not do so)

5. General Legal Concepts • Most litigation claiming negligence in movement settings involves unintentional acts or acts of omission. • Negligence is the failure to act as a reasonably prudent person would act in the same or similar circumstances. • To prove negligence, five factors need to be present: duty, breach of duty, injury occurred, causal relationship and foreseeability

6. Duty A duty exists between students and teacher because of their unique relationship. This duty requires that teachers conduct their job responsibilities with a certain standard of care that protects others against foreseeable harm and unreasonable risk of injury. In the movement setting, duty includes four basic responsibilities: Duty to adequate & proper instruction Duty to supervise Duty to maintain equipment & facilities in safe conditions Duty to provide proper first aid Five Factors

7. Breach of Duty Constitutes unreasonable conduct in that the teacher failed to give the prerequisite standard of care Standard of care is measured by what a trained, reasonable, prudent, experienced teacher would do in the same situation. Injury Occurred An injury or loss occurs to a particular person when the teacher failed to give the appropriate standard of care. Five Factors

8. Causal relationship The teacher’s action or non-action was the immediate cause of the injury to another person. Foreseeability The teacher must have been able to predict the likelihood of an injury occurring given the situation in question. Five Factors

9. Risk Management Plans • Program-wide or school-wide plans are designed to reduce the number and severity of injuries as well as the likelihood of litigation arising from those injuries. • Physical education departments should have a risk management plan that addresses safety issues specific to the movement setting.

10. Rules for Student Conduct • Student conduct rules should be established that specify how children should behave: • with peers • in certain activity areas • with particular equipment • in indoor activity settings • in outdoor activity settings • Rules should be worded simply and limited in number

11. Example of rules-Graham • Respect • R-raise hand, listen to teacher • E-eyes on teacher, equipment use • S-stay on task • P-practice skills • E-encourage others to do their best • C-consider other’s feelings, sportsmanship • T-together we can learn and become our best

12. Caring for Injuries • We recommend that classroom teachers have certification in administering first aid because • Injury is most likely to happened in the presence of the movement educator, so he or she will be the first person to respond to the injury • If the injury is life threatening, the knowledge and skill of the first responder may partially determine the ultimate outcome of the situation • Many school do not have a full-time nurse available to provide needed first aid

13. Caring for Injuries • Teachers should • Follow the first aid procedures adopted by your school • Report injuries promptly (on a report form) • Keep a copy of the report for future reference • Keep all “excuse” notes and parental notes that reflect health problems students are experiencing

14. Selecting Safe Curriculum Activities • Participation in most physical activities carries some risk for injury to occur. • Select activities using the following criteria: • Include only activities that are “reasonably” safe • Include activities that will achieve the lesson objectives • Include age and ability-level appropriate activities • Include activities that can be adapted for students with special needs

15. Current “Best Practices” in InstructionSupervision Techniques • Teachers scan for students who are • Off-task • Interfering with the learning of others • Being disrespectful of others or the equipment • Behaving dangerously • Teachers must stop unsafe behavior immediately • Adequate supervision may vary based on the number of children in the class as well as their age, skill level, special needs, communication skills and social responsibility level.

16. Adequate Physical EnvironmentsEquipment • Inspect equipment periodically and just before each use • Unsafe equipment should not be used • Locate equipment, to be used during class, close by for each distribution, but not in the way to raise safety issues • Use equipment only for its intended purpose • Use equipment that varies in size and hardness based on the age, ability level and special needs of the children • Wear protective equipment when necessary

17. Adequate Physical EnvironmentsActivity Surfaces and Spaces • Mow outdoor grassy areas on a regular basis. • Inspect grassy areas for holes and indentations. • Loose-filled areas under climbing equipment should be filled to a depth of 12 inches. • Cement and blacktop areas, dirt areas, loose-fill areas and walking trails must be smooth and level on the surface. • Indoor areas should be free of stored equipment. • Walls should be free of objects that protrude from the wall. • Indoor floor surfaces should be smooth, but not slick. • Floors should be swept and mopped regularly.

18. Adequate Physical EnvironmentsReporting Unsafe Conditions • Notify physical plant personnel of unsafe conditions (in writing, if possible) • Keep a copy of the form or memo submitted reporting the unsafe conditions • Do not use the unsafe area or piece of equipment, and notify others, who might use the equipment or space, that it is unsafe.