Accusations of negligence in the school setting have been, and continue to be, a problem in the educational system of the United States. While negligence affect students, parents, teachers, and support staff, the issue should genuinely concern administrators, who need to be focusing on the education of students rather than defending the teachers and their schools in a court of law. Legal records show that the term "educational malpractice" was first utilized in 1977 (Donohue v. Copiagugue Union School District, 1977). While accusations of negligence do not always determine a teacher is guilty of educational malpractice, the fear of this possibility should have administrators on their toes. If administrators are not aware of what constitutes negligence, they have little hope of having a staff that is aware and practicing safe habits and routines at all times during the school day. While some aspects of teaching rely heavily on common sense to avoid student injuries, not all teachers understand how their presence in a classroom could avoid a lawsuit. Very few educators in Indiana, if any, are required to take an education law class before earning teaching certificates. Due to this, administrators must lead the way to safer buildings, safer classrooms, and safer instruction. Administrators must compel their staffs to become more aware of negligence during instruction, supervision, and equipment maintenance so that administrators do not have to spend valuable time reacting to accusations of negligence. Negligence is not an issue that is going to fade away, and it is imperative that awareness is established in every school building across the United States.
             The definition of negligence is "want of care" (Alexander & Alexander, 1998). While negligence is not always easy to prove due to four prerequisites that must exist, accusations of negligence are continuing to plague administrators on a daily basis across the ...