Author Description

This second edition contains updated information and new case studies, offering guidance for safer programs and management of risk while reinforcing sound educational practices. The book features overviews of legal concepts and presents examples of situations from the trenches. Case studies illustrate a variety of teacher, coach, and administrator actions as well as environmental and equipment conditions that have resulted in judicial consideration nationwide. Five sections discuss: "Introduction"; "Tort Law and Negligence Theory" (duty issue, breach of duty issue, causal relation issue, damage issue, and doctrine of respondeat superior); "Negligence Defenses" (governmental immunity, procedural noncompliance with tort claims statutes, contributory negligence, last clear chance, assumption of risk, comparative negligence, and ultra vires act); "Duties of Physical Education and Sport Staff" (instruction and teaching methodology; supervision; equipment, grounds, and facilities; administration of first aid; and transportation); "Agreements to Limit Liability" (permission slips, agreement to participate and waivers, releases, and indemnity agreements); and "Miscellaneous Issues" (hazing; tangent programs and scope of employment; practicum students, student teachers, and volunteers; substitute teachers; and coaching behavior). The appendixes include a glossary, additional cases of interest, and notes. (Contains 60 book, periodical, law-related newsletter, and legal references.) (SM).