EDUC 525 - Quiz 3!!!!!!!!!!!

basic failure

simple error in known territory, foreseeable

underpins negligence, can have really big consequences

basic failure avoidable through…

use of safety checklists, established protocols, standard procedures

complex failure

due to multiple causes or series of small mistakes

complex failure avoidable through…

use of standard checklists, common procedures, open communication 

intelligent failure

comes out of new criteria, result of an experiment, outcome is unknown but negative consequences are minimized

four criteria of intelligent failure

in new territory

in pursuit of a goal

hypothesis driven

failure is as small as possible

errors and mistakes

wrong action, judgement, or statement that produces unwanted or unintentional results

happen due to inattention, making assumptions, overconfidence, or neglect

failure

consequences of mistakes that go unnoticed or unresolved

lack of success in some effort

mistakes in schools

teachers will make mistakes, but should avoid basic and complex failures

have to act to avoid known harms and foreseeable mistakes

safe and caring environment

duty by all school community members (staff, admin, parents) to create

emphasized in legislation, law, and district policy

safe

from psychological and physical harm 

reasonably safe

usages, habits, and ordinary risks of the business

using safe tools, regular routines in class, preventing foreseeable things

absolutely safety is unattainable, but you’re liable for the consequences of risks/dangers, not the risk/danger itself

duty

specific responsibilities outlined by law

duty of care

legal obligation to act on foreseeable harms, risks, future hurt in a responsible and reasonable manner when assuming the control of children and youth

to control, protect, warn

duty to control

person in control owes duty of care to potential victims of person under their authority from foreseeable harms (teacher duty to control student that could be dangerous to others)

eg: knowing dog is leash reactive, have a duty to control dog’s behaviour by holding it tightly on leash because she could be danger to other dogs

duty to protect

person in control owes duty to shield person under their authority from foreseeable harm (teacher protecting students)

eg: if dog has bite history, if she hurts another dog she’ll be put down, controlling environment so child isn’t in position to be harmed

protecting children from each other, evacuating the classroom if there’s a violent outburst 

duty to warn

duty to protect one person from another if a potential risk exists, must have reasonable cause to issue warning (teacher to others)

eg: seeing another dog coming, telling the owner that your dog might bite them, informing others of a harm that could happen

IPPs, knowing specific triggers

negligence

breach of legally-imposed duty to take care, causing harm compensable in action

most likely to be charged related to physical safety, not mitigating the risks

three elements: duty to plaintiff, breach of duty, harm to plaintiff

negligence: duty to plaintiff

if you’re directly in charge of group of kids and something happens

negligence: breach of duty

didn’t manage a foreseeable risk due to inattention, assumptions, overconfidence, neglect

negligence: harm to the plaintfill

significant impairment to learning, physical injuries, etc.

Bain v. CBE 1993

teacher planned forestry trip, students wanted to climb up mountain and let them climb in the dark, student fell and sustained brain injury

decision: teacher responsible for everything that happened on trip, responsible to foresee harm and didn’t

R. v M (1998)

right to security and safety

principal suspected student had knife or something that could cause harm in their locker, called the police instead of searching himself

breached student’s rights, unlawful search

ruling: principals have the right to search lockers to maintain safe school environment, but can’t extend right to police or legal authorities

considerations for duty of care for physical activity

suitability, progression, equipment and facilities, supervision

suitability (duty of care, physical activity)

exercise must be appropriate for student’s age and condition (mental/physical)

progression (duty of care, physical activity)

students must be progressively trained to do the exercise properly and avoid danger

eg: doing 50m, 1km, 2km runs before taking them for a 5km one 

equipment and facilities (duty of care, physical activity)

must be adequate and suitably arranged

supervision (duty of care, physical activity)

properly supervised, if student is injured first aid must be administered

risk management plan should be in place, specific teacher to student ratios followed

safe schools

physical harms

caring schools

psychological safety, people feeling welcome, included, etc.

physical safety risk management examples

school district procedures, off-campus training & first-aid training, Safe Sport guidelines, creating bathroom use policies, clear signage for parking lots, WHIMIS & MSDS training, instruction on safe tool use and storage

care

what makes us human, is an action or practice, and comes from our values related to living well

TQS, fostering effective, positive professional relationships, underpinned by empathy and compassion

collective well-being and quality of life

care ethical framework

everything we do to maintain, contain, and repair our world so that we can live in it as well as possible 

world includes our bodies, ourselves, our environment 

psychological safety

policies and procedures that ensures all community members feel included, safe to learn, safe to contribute ideas, safe to challenge the status quo without fear of being embarrassed, marginalized, or punished

relational safety

policies and procedures that protect and ensure community members are free from bullying, harassment, sexual abuse, neglect, or other harms created by relationships

caring schools start with

personal values of teacher and classroom management and flow

personal values

beliefs about well-being, safety, and care and how you practice this

compassion, grace, feedback

classroom management and flow

beliefs related to discipline, good behaviour, managed classroom 

practices that create a safe and caring classroom

discipline, suspension, district policies and legislation

late 1800s-early 1900s

in loco parentis, physical discipline normal in schools

taking on role of responsible parent and responsible parent spanked

1971

first time in Canada use of rod and strap banned in Canada (by Toronto school board)

2004

supreme court officially abolishes use of force to discipline students  

physical discipline

gendered (95% boys), religious, arbitrary and subjective, biased (POC higher chance)

Canadian Foundation of Youth v Canada

2004, first case siding with children, corporal punishment considered cruel and unusual punishment under Charter of Rights

changed how law is read fundamentally, made cases before 2004 invalid

Oakes Test

before 2004, Criminal Code allowed school personnel to use “reasonable force” to discipline students

found law allowing for corporal punishment was not reasonable, proportional, and was biased based on age

empathy

relating to someone and putting yourself in someone’s shoes

compassion

empathy and doing something about it

taking time to listen to what person needs, not just offering or jumping in to help without understanding

sympathy

pity-based response, making yourself feel better

relational/group safety between students

once uncovered, online and in-person bullying and harassment is the responsibility of the school to address

difficult due to higher class sizes

relational/group safety between teachers and students

teachers shouldn’t touch student unless under very specific and limited circumstances and with training

respectful communication

if inappropriate, duty to report to principal and ATPC

relational/group safety between colleagues

toxic relationships need to be addressed by leadership at school and system levels through open communication and human resource policies 

working through problems in professional manner, can bring in principal 

relational/group safety between parents and educators

community member have vested interest in integrity of the educational system and can question fitness of educators to teach and lead, but must do so with good intentions

psychological safety risk management examples

HEARTcare plan, classroom routines, online behaviour policies, clear classroom management, IPPs, HR policies, clear and open communication

belonging

a human need from Maslow and Powell

social isolation deeply harmful

psychological safety

condition that human beings feel included, safe to learn, safe to contribute, safe to challenge the status quo without fear of being embarrassed, marginalized, or punished in some way 

four stage of building psychological safety

1. inclusion safety

2. learner safety

3. contributor safety

   1. challenger safety

stage 1 of psychological safety: inclusion safety

feeling welcomed, included, and respected by one another

pay attention to:

• social group dynamics (concrete step to end workplace bullying and harassment)

• shared identity and power (in-group and out-group bias)

• intentional relationship building (seeking glimmers)

stage 2 of psychological safety: learner safety

encouragement, opportunity, and support necessary for learning which is rooted in the core belief that everyone can learn and grow

pay attention to;

• competition and isolation (intellectual humility, integrating positive feedback into regular everyday conversations, healthy competition)

• intelligent failure (mistake isn’t personal failing, celebrate small wins)

• intentional teamwork (avoiding blame and criticism, not being jealous and celebrating others’ successes)

• de-implementation (removing low-level routines that no longer serve a purpose)  

stage 3 of psychological safety: contributor safety

welcoming and valuing everyone’s talent, skills, engagement, and impact in your school and classroom, listening to everyone even if we don’t agree

pay attention to:

• role identification and expansion (job isn’t your identity, not every win is your own)

• moral trauma and distress (feelings of helplessness and hopelessness to do the job well)

• gratitude and appreciation (sincere celebration of talents, skills, engagement, and impact)

• accountability (at every level of task, process, and outcome)

stage 4 of psychological safety: challenger safety

enables individuals and teams to take the risk of implementing innovations, challenging status quo, or asking for accountability with assurance that speaking up will not be punished

pay attention to:

• niceness isn’t always kind (be direct and do what you said you would do)

• solution focused rather than admiring the problem, getting unstuck

• productive struggle (everything is hard before it’s easy)

  • respectful communication, protocols for difficult conversations

Moore v. British Columbia

student discriminated against because of his disability, had to move to private school because diagnostic centre closed

district liable for reimbursement of tuition

inclusivity safety

not a nice to have, a professional requirement

teacher expected to establish reasonable routines, procedures, outcomes, promote advocacy to others (not being able to meet needs = advocate to principal and admin), sustain daily practices and planning

complex classrooms

since 1980s, students with extra needs placed in general classrooms without additional supports

created by:

lack of data about class size and composition, variable access to support, uneven evidence-based training for generalist teachers

ideal class size numbers

k-3: 17

4-6: 23

7-9: 25

10-12: 27

types of touch

corrective, pedagogical, nurturing, incidental

corrective touch

corporal punishment is not allowed, but some other contact to control, restrain, or express disapproval of behaviour

used to break up fights between students, protect one student from another, protecting a student from themselves

must not be used arbitrarily (for no reason) or punitively (to punish)

always includes follow-up reporting to admin, school district, and parents

pedagogical touch

forms of touch used to support student learning

eg: assisting athletes with correct form, correcting hold of tools/pencil/pen, assisting with push/pull 

ask before doing and don’t linger!

nurturing touch

affectionate, amicable, or supportive

dangerous line, professional and personal affection subjective and easily misconstrued as inappropriate, unwanted, or sexual harassment

may be necessary when students are distressed or in need of care, but ask for consent and keep it minimal

incidental touch

innocent or by accident

mistakes happen, don’t linger and apologize and move on

student screaming and hitting and destroying property - next steps

take other students out of the situation, separate them from disregulated student by taking them into the hallway, stay in the doorway to monitor both situations and EA can go out into hallway

call the principal 

implement prevention measures in classroom going forward:

• have meeting with principal and parent, structuring following lesson and being strategic in pairing students together

• teaching student to emotionally regulate and what to do if they feel big emotions coming up (come to the teacher to work through)

• implementing time to practice conflict resolution and explicitly teaching social skils

manage difficult behaviours by

managing environment for known behaviours (read their IPPs, file, behaviour plan)

report new triggers as you learn more about the child and add the information to their files

predictable response from you when something happens

• direct instruction and reinforcement of desired behaviours, immediate, consistent, and firm responses to unwanted behaviours

• attach natural consequences (not yelling at someone once they’ve already broken their arm, already going through the natural consequences)

  • activate support network (admin, social worker, school counselor, other teachers)

seclusion rooms

can still be used in Alberta, space where students can go in calming space

last resort if nothing has worked, not used lightly and used for unanticipated events (when child’s behaviour poses danger of imminent harm to self or others)

parents must be called

Myers v Peel County Board of Education

student broke neck and became quadriplegic, teacher gave student permission to use another gym

double class but second teacher was absent, lack of supervision

other gym also didn’t have adequate mats, student didn’t have spotter

teacher and school board 80% liable, student 20% liable for performing risky move

students owed duty of care and teacher must act like prudent parent, in loco parentis

students awarded higher grades for more complicated maneuvers, lessons should have required progression, risk literacy, students shouldn’t be awarded with higher grades for riskier behaviours

inclusion safety

in code of professional conduct, Charter of Rights and Freedoms, Canadian Human Right Act

grounds for discrimination are listed and transparent (eg: based on age, race, sex, etc.)

in-out group bias

key cognitive bias when talking about discrimination

halo effect for those in our own group, devil effect for those not in group, excluding those who aren’t similar to us

groupthink bias

key cognitive bias when talking about discrimination

allowing social dynamics of group to override best outcomes, saying something just because everyone else is saying it

bandwagon fallacy

key cognitive bias when talking about discrimination

appealing to popularity as an attempt to validate an argument 

Barbara Coloroso’s six critical messages

i believe in you

i trust you

i know you can handle this

you are listened to

you are cared for

you are very important to me

giving children agency

not letting them choose when to go to bed, but what pajamas they wear to bed

less likely to groupthink in the future if they have lots of opportunities to make decisions and advocate for themselves

community

nuanced, social settings with specific norms or things in common

no size limits, multiplicity in classrooms

exclusion

no one belonging, there’s the community and no one else is includedd

in-group vs. everyone else

assimilation 

one dominant community that people can join if they adopt their characteristics 

putting aside diversity and differences to join

differentiation

segregation, multiple communities that don’t interact with one another except a few ambassadors

distinct communities with a few reps that communicate with others

deep belonging/inclusion

everyone together in one community, having separate identities but common values

ideal situation

feeling like we’re part of a larger group that values, respects, and cares for us, we feel that we have something to contribute

wise interventions

desire and readiness to see situation from perspective of others we’re sharing it with and to take note of how aspects of the situation may be affecting them

situational awareness

moving away from classifying students as smart, good/evil, lazy to seeing a situation as drawing out the behaviours that are good, smart/evil, lazy

making situations less threatening and more welcoming through simple, subtle actions and empathy and compassion 

behaviour is not specific or inherent to child, fundamental attribution error

applying situational awareness in the classroom

increase awareness of reasons may be at risk for social exclusion (eg: new to class, physical or linguistic difference from group norm, family income, jealousy, social class, housing, etc.

create opportunities for these differences to not be a factor (introducing students to group norms, pairing new students with social students, common sense of humanity in class)

plan before problems arise (model empathy, avoiding zero-sum competition, diverse representations and stories of success and resilience, food and menstrual products available, low-stakes decision making opportunities, having faith in student potential, financial literacy)

zero-sum competition

recognizing one student doesn’t need to be to the detriment of other students

applying situational awareness in grading

providing wise criticism

feedback that is encouraging and instructive, specific instructions for improvement

BC WCAT case

teacher with preexisting PTSD and depressive order, filed claim to Workers’ Compensation Board stating pre-existing PTSD and MSS were aggravated by work-related stressors 

unsupportive admin, students not following COVID-19 protocols, student aggression, mocking behaviour, etc. 

recognized psychological harm caused by unsafe classrooms and toxic workplace over time is compensable 

right vs. good

right = whether something is legal

good = whether it’s moral or ethical

fair dealing guidelines

how we can use copyrighted materials

• educators can reproduce short excerpts

  • definition of this is specific and has to be followed

  • multiple short excerpts not allowed from same text

• always provide name of source author and text

• exceeding limits can result in sanctions 

• fees charged must only cover the cost of the material, can’t be for profit

fair

based on supreme court decisions

dealing

purpose stated under copyright act

AI and copyright issues

ingesting data for training AI models

infringement of AI-generated content

copyright protection of AI-created works