Elda de Waal Problem: WHOM TO BLAME? Presenting concepts- - - PowerPoint PPT Presentation

On accountability and school safety/security "Goodbye, Mr Chips!" ELA 2013 Westminster, Colorado, USA

Elda de Waal

Problem: WHOM TO BLAME?

Presenting concepts- consolidating views  Considering legislation and subordinate

indicators: parent/caregiver and teacher accountability concerning safety/security?

 Gauging the position of the court by

examining a recent court case

safety/security = black box

Input made + output expected

without real knowledge of internal workings

 Goodbye, Mr Chips!

Hello, Mr Daddy-O…

! We are struggling to bring back order to

• ur Blackboard Jungle classrooms

Concept: accountability

Appreciating consequences of deed Accepting blame for one's choices Proposing means to mend the harm

[Reynecke's consolidation]

 Mental capacity: know nature + consequences  Ability: take preventative/avoidance action

Accountability: courts distinguish between…

! Negligence… ! Capacity for negligence!!

Concepts: safety and security

School management = responsible for safety at

school

School management and State = shared

responsibility for security RELATED CONCEPTS

! Sadker and Zittleman's (2010) five-factor theory

RESEARCH METHODOLOGY

Discursive document analysis

 Symbolizing reality in language of

document

 Acts, subordinate legislation, case law  Also newspaper reports  Purposive

MEDIA COVERAGE

Killing Shooting Threats to shoot Physical attacks * Ill- discipline ** Bullying *** Anger Teacher lapse

Beeld 1 1 2 5 4 3 3 1 The Star 1 1 3 6 9 9 8 3

* Physical attacks: seven cases have videotapes available *** Ill-discipline: undesirable behaviour, including dagga at

schools

*** Bullying: acts to mistreat others

LEGISLATON INDICATORS

South African Schools Act

(84 of 1996)

Preamble:

…combat all forms of intolerance …uphold the rights …accept responsibility in partnership

Legislation indicators cont…

Schools Act (cont.)

S 3(1): school attendance S 3(6)(b): not prevent attendance S 5(9): appeal submission decision S 8(1): part of consultation

Legislation indicators cont…

 Schools Act (cont.)

S 8(2): disciplined, supportive site S 8(4): comply with Code of Conduct S 8A((1)-(3) & 8A(8): objects/drugs

SUBORDINATE INDICATORS

Regulations for Safety Measures

No dangerous weapons/illegal drugs No disruption of school activities Supervision at school and other sites Reasonable suspicion: police search! Visible policing at sports & culture

Damage rests where it falls!

Negligence: one of the

discerning exceptions when considering principals' accountability for damages learners suffer at school due to safety/security shortcomings

Vicarious liability rule

Subordinate indicators cont…

Guidelines for Codes of Conduct

Schools' civic responsibilities Standard of moral behaviour "self-discipline & exemplary behaviour" Inferred and implied accountabilities Mutual trust and respect Accept accountability for their children Co-responsibility for education Intervention and cooperation

A RECENT COURT CASE [High Court]

Jacobs v Chairman, Governing Body, Rhodes High School 2011 1 SA 160 (WCC)

A case concerning safety/security of

teachers at hands of learners

Brief facts of the Jacobs case

High Court: principal's duty to ensure

safety/security of teachers!

At school: female teacher beaten with

hammer by male learner in presence of

• ther learners

Teacher:

could not continue her teaching career

More facts of Jacobs…

The father was in goal and the

mother was "absent" in support

The learner (Bheki) had acting talent

and kept the family going financially

Bheki: history of disruptive behaviour The

learner fabricated death certificate

Taken to principal & asked to "wait" Went back to class and assaulted her

Principal went on appeal two years later… Long and Member of the Executive Committee for Education, Western Cape versus Jacobs (145/11) [2012] ZASCA 58

Did the trial court err in finding

principal owed teacher legal duty of acting positively to ensure safety?

Did

trial court err in finding principal's conduct negligent?

Did trial court err in determining all

parties' own degrees of fault?

Did trial court err in gauging quantum

• f respondent's damages?

Summation of findings

Principal failed to take elementary

precaution of keeping learner safe where he could see him until police arrived!



"A loser or a jailbird"

Expelled from school Juvenile detention "Keep going. As long as you can breathe,

there is hope"

Started off with one computer; one

client; R600

4 years later: 4-time staff; international

clients

Won the Youth Recognition Award in 2013

! Bheki Kunene today !

Develop contingency plans for shootings and physical attacks in few steps as possible and put them into practice

Take charge of learner behaviour by constantly reaching out to parents/caregivers to become and remain involved in activities

Take pride in being either the parent/caregiver or the educator

Invite learners to comment on learner behaviour – effective changes to existing rules and/or procedures

Train Learner Representative Council to guide fellow learners to exhibit moral behaviour towards becoming responsible citizens

Lead by example: learners learn by

• bserving and practising…!!!!

In sum then?

Thank you!

Enabling optimal expression of individual, social and institutional potential

www.optentia.co.za