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I've never heard of the buddy system being used anywhere except the water.
The first time I heard of the buddy system was 1965 or '66 because I can picture being in my school and the teacher telling us this. We were told to use the buddy system for everything and not to go anywhere alone. It was also the first time I had heard the word "kidnapping". Something apparently had happened in the area.
I was a chaperone on a trip to France two weeks ago for Spring Break. There were 3 parents and 3 teachers. The teacher who coordinated the trip had no problem with these teenage kids going off on their own in Paris, Nice, etc! I was appalled! The two moms on the trip made sure they kept their children in site and I was the same with my niece.
I was a chaperone on a trip to France two weeks ago for Spring Break. There were 3 parents and 3 teachers. The teacher who coordinated the trip had no problem with these teenage kids going off on their own in Paris, Nice, etc! I was appalled! The two moms on the trip made sure they kept their children in site and I was the same with my niece.
I am afraid if I were one of the parents and saw the teacher permitting teens to go off by themselves I would have had a lot to say.I might have caused some hard feelongs but I would not have been quiet about it.
Tort law includes waivers to sovereign immunity by states (and their entities) and the federal gov't. Sovereign immunity, therefore, is not comprehensive.
This is correct. Brush up on sovereign immunity as relates to tort law, Dd.
And yet you and the other guy still have not addressed my support in post #75, you and others have simply commented on areas that I have not even addressed or commented on...of course there are exceptions!
Brush up on that post and then come back and comment Ruth.
And yet you and the other guy still have not addressed my support in post #75, you and others have simply commented on areas that I have not even addressed or commented on...of course there are exceptions!
Brush up on that post and then come back and comment Ruth.
Looks like you're right.
In Georgia, folks, your kids are smoked if they go to public schools.
An unfortunate case of parents failing to prepare their kid for life, just basic life. Like the bar can't get any lower.
14yo's should know how to swim. I mean common. This wasn't a raging river of hot damn. 14yo's should be WAY WAAAY past the phase of babysitting around a beach.
Mother was like "he was the only black one and they didn't even notice". So what are chaperones suppose to think? "Keep an eye on the black one, he might do something stupid"? Is that it?
Please! Even kids who know how to swim can drown. And even pools with adults have lifeguards - not just "kiddy pools". Let's require the kids to all to pass a survivalist course too...let's see, what else can you come up with?
The point is, there were chaperones...ostensibly because chaperoning was deemed necessary and could therefore be reasonably expected by parents. Is coming to the aid of a drowning child something they would reasonably be expected to intervene in - either personally or by trying to get help? YES.
In Georgia, folks, your kids are smoked if they go to public schools.
Not necessarily true. The article Dd cited pertains to cases of bullying, and teachers' failure to prevent it. That's a different situation, as it involves a judgement re: whether teachers can reasonably be expected to prevent the action of a third party.
Georgia law waives public schools' sovereign immunity in cases considered to involve "ministerial action", vs. "discretionary action" with regard to school employees' supervision of students. If the plaintiff in this case can convince the court that supervision of the students in their charge was a "ministerial action" on the part of the chaperones, sovereign immunity wouldn't pertain.
A “ministerial act” is “commonly one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty.” Murphy v. Bajjani, 282 Ga. 197, 199, 647
A “discretionary act” requires “the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.” Murphy v. Bajjani
Not necessarily true. The article Dd cited pertains to cases of bullying, and teachers' failure to prevent it. That's a different situation, as it involves a judgement re: whether teachers can reasonably be expected to prevent the action of a third party.
Georgia law waives public schools' sovereign immunity in cases considered to involve "ministerial action", vs. "discretionary action" with regard to school employees' supervision of students. If the plaintiff in this case can convince the court that supervision of the students in their charge was a "ministerial action" on the part of the chaperones, sovereign immunity wouldn't pertain.
Except that Georgia courts have ruled that supervision of students is a "discretionary act," not a "ministerial act."
Quote:
Georgia courts have consistently reached the conclusion that when school officials are
monitoring, supervising or controlling students, they are performing “discretionary functions”.
Payne v. Twiggs County School District, 232 Ga. App. 175, 177, 501 S.E.2d 550, 552 (Ga. Ct.
App. 1998). Furthermore,
[s]upervision of students is considered discretionary even where specific school
policies designed to help control and monitor students have been violated. The
rule that principals and teachers are immune from actions involving supervising
and monitoring students has been applied uniformly in cases where students have
been injured or killed.
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