Duties and Responsibilities of A

DUTIES AND RESPONSIBILITIES OF A

TEACHER

Source: Becoming a Teacher, pp.143-149

While the duties and responsibilities of teachers are clearly identified in the Education Act, the dilemmas for teachers is always properly assessing the scope and limitations of the duties and responsibilities because they are governed by many types of laws

The legal authority of schools, and therefore of teachers, as agents of the schools, is derived from:

·  Federal and provincial statute law

·  Common law

·  Constitutional law

A major role of the teacher is to ensure the safety and well-being of students. When a teacher fails to do so, and is found negligent, the teacher can be held liable if the student is injured.

Some student actions may not only violate school rules, but may also be a breech of the Youth Criminal Justice Act (2003). Examples include theft, assault, drug or weapon possession.

In Common Law, teachers act in loco parentis (“in the place of parents”) except where duties are expressly altered by statute or policy. In Constitutional law, teachers must ensure that they make decisions on disciplinary matters that consider the student’s rights under the Canadian Charter of Rights and Freedoms. Section 43 of the Criminal Code protects teachers who are required by circumstances to use reasonable force to protect a student from himself, another student, or to protect themselves. It is never acceptable to use physical force on a student in any other circumstance.

If a student is injured while in a teacher’s care, the teacher’s actions to protect the child are considered using a three step analysis to determine if negligence exists:

1.  What was the duty of care owed to the injured person? (Notice that this question assumes that there is a duty of care because of the special relationship owed by the teacher to the student.)

2.  What is the standard of care required by the person?

3.  Was the standard of care breeched?

Teacher’s Federations often provide specific direction to members to limit the occasion for claims of liability. For example, some Federations advise members not to transport students in their vehicles.