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 our 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 Physical Ill- Bullying Anger Teacher to shoot attacks discipline lapse * ** *** Beeld 1 1 2 5 4 3 3 1 The 1 1 3 6 9 9 8 3 Star * 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 other 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 of 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 observing and practising…!!!!

In sum then?

Thank you! www.optentia.co.za Enabling optimal expression of individual, social and institutional potential