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Rights of Teachers in Classroom Management

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    Lawsuit Protection

    • Public school teachers have special rights given to teachers when managing the classroom that private school teachers do not have. The Teacher Protection Act protects teachers from frivolous lawsuits. However, different states have amendments that remove some of these rights. In the event of an injury or death, those harmed by the teacher do not sue the school itself but instead sue the state. Private school teachers do not receive any immunity.

    Authority

    • When managing students, teachers have loco parentis, which means that the teachers can act in the best interest of the student. Under loco parentis, teachers also have the right to take actions necessary to control the behavior of the student, ensuring that the student is in compliance with the rules of the school. Teachers also try to reinforce the habits and beliefs of society.

    Physical Force

    • Teachers can use physical force against students when the teacher or the students in the classroom are put in danger. The force must be proportional to the threat. For example, if a young student tackles another young student, the teacher can pull the aggressive student off of the other student.

    Rule Setting

    • Teachers can establish a set of rules that allow teachers to inform students about the expectations of the classroom and clearly point out behavior that is unacceptable. Students are often given a hierarchy of consequences that go up in severity. Students might get a warning, then a detention, then a more severe detention and eventually a suspension or expulsion. However, if the student engages in dangerous behavior, the teacher can immediately send the student to the principal's office.

    Unusual Circumstances

    • Teachers can sometimes run into unexpected situations in which there are no rules which teachers can follow. In these circumstances, if a parent or student decides to sue the teacher, the court imagines a hypothetical prudent teacher and determines what that hypothetical teacher would do in that situation. If the real teacher engages in actions that exceed what the court's hypothetical teacher, the court might decide to hold the teacher liable.

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