Two loaded guns were found on the playground of Educare Childcare at 246 Fair Avenue. One of the boys playing in the field found one of the guns and picked it up while the teacher found the other. The teacher immediately called San Antonio police to pick the guns. Later on, the workers at the daycare swept the area with the metal detector. 1
What aspects of child safety are parents concerned about when the child is at school?
There is a variety of areas that concern the parents when it comes to child safety at school. The child may be bullied, he or she may get injured while at school, he or she may be abducted or subjected to unlawful corporal punishment. Other concern areas are health, hygiene and the quality of education.
Premise liability at childcare school
The thinking behind the premises liability in schools arises from the theory of premises liability. Under this theory, all owners of land, including that of the school, are supposed to exercise a reasonable amount of care to ensure that the premises are safe for the legal occupants of the property. 2 4
In the case of a school, the occupants are children. Thus, the law requires a greater amount of care for their safety. In fact, safety is one of the factors that are inspected during childcare licensing. Any parent of an injured child may file a claim against a school district or a school for contributing to the injury of the child by not keeping the school safe. Such cases include areas where the child falls due to school’s negligence, aggravation of an illness where the school fails to assist the student, and cases where the child is harassed or bullied and the school fails to control the situation.
The first amendment
In a case, (Tinker vs. Des Moines School Dist. 393 U.S. 503)3, the U.S Supreme Court declared that students do not lose their constitutional rights to expression of freedom of speech when they get to school. However, this constitutional right might be restricted to enable the school balance the need for a safer learning environment and the student rights.
School code of conduct and discipline policies
Every school has its discipline policies and student codes of conduct. These documents outline the right and responsibilities of the children in and out of school. It is important that parents help children understand the need to be disciplined. 2