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- Title
- Negligent tort liability of Florida higher education institutions.
- Creator
- Panayiotou, Chrysanthos Andreas., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
-
During the last thirty years our society has increasingly become more litigious. The reasons behind the increase in legal actions were the enactment of the Tort Act by the Florida legislature, the Civil Rights Act, and Federal Tort Act by the U.S. government. The large monetary awards and the ever-increasing awards in punitive damages have fueled this increase in litigation. Lawyers motivated by the large monetary compensation, typically ranging between one third to one half of the total...
Show moreDuring the last thirty years our society has increasingly become more litigious. The reasons behind the increase in legal actions were the enactment of the Tort Act by the Florida legislature, the Civil Rights Act, and Federal Tort Act by the U.S. government. The large monetary awards and the ever-increasing awards in punitive damages have fueled this increase in litigation. Lawyers motivated by the large monetary compensation, typically ranging between one third to one half of the total awards, have been further fueling this litigation explosion. The majority of this litigation is directed to organizations with "deep pockets" which can pay the large monetary awards. Higher Education Institutions (HEI) with large budgets, and therefore "deep pockets", are becoming frequent defendants in negligence tort actions. This study examined the forty published negligence tort cases brought against Florida HEIs from 1845 until 2000. These cases were then classified by type of negligence, cause of action, and damage awards. The most frequently occurring type of negligence was the breach of duty of care. The most frequent cause of action was breach of duty to warn, and medical malpractice had the largest damage awards. A legal framework consisting of Florida and Federal statutory law, as well as Florida and Federal common law was created. The purpose of this legal framework was to identify the areas of the law that causes most of the litigation and help HEI minimize their liability to this legal activity. Based on this legal framework, a training program for HEI employees was outlined. The training program includes a section for all HEI employees, and a specialized section for administration, faculty, maintenance personnel, and security personnel. The findings of this study will be helpful to people working at Florida HEI in minimizing their liability to legal actions directed at them, personally. The results of this dissertation could also be useful to the administration or governing boards of HEIs by aiding them in identifying and reducing their liabilities to the tort of negligence. This study could also be used as a reference by HEIs of other states of the United States. Even though the law differs from state to state, findings that refer to federal statutory or common law are applicable to all states of the Union.
Show less - Date Issued
- 2002
- PURL
- http://purl.flvc.org/fcla/dt/11984
- Subject Headings
- Tort liability of universities and colleges--Florida, Negligence, Education, Higher--Law and legislation--Florida, Torts
- Format
- Document (PDF)
- Title
- Teacher absenteeism and student achievement.
- Creator
- Kirk, Cathy Lee., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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This study was designed to examine absenteeism rates for elementary and middle school teachers for 1996-97 to determine if a relationship exists between absenteeism and student achievement, as measured by a standardized norm-referenced reading test. The study examined the attendance records of 727 fourth and 154 seventh grade teachers who taught a reading or language arts class and 18,802 students in grades four and seven. The variables of teacher years of experience, student grade level, and...
Show moreThis study was designed to examine absenteeism rates for elementary and middle school teachers for 1996-97 to determine if a relationship exists between absenteeism and student achievement, as measured by a standardized norm-referenced reading test. The study examined the attendance records of 727 fourth and 154 seventh grade teachers who taught a reading or language arts class and 18,802 students in grades four and seven. The variables of teacher years of experience, student grade level, and student gender were added to the multiple regression model in order to ascertain whether or not teacher absences made a significant contribution to the prediction of student reading scores beyond that afforded by the aforementioned variables. Results indicated that there was a weak, but statistically significant relationship between teacher absenteeism and student achievement when the unit of analysis was the student (N = 18802). In this model, teacher absenteeism accounted for less than.4% of the variation in student achievement. When the unit of analysis was the teacher, results indicated that teacher absences for both fourth grade (n = 727) and seventh grades (n = 154) did not make a significant contribution to the prediction of student reading scores.
Show less - Date Issued
- 1998
- PURL
- http://purl.flvc.org/fcla/dt/12563
- Subject Headings
- Teachers--Leaves of absence, Academic achievement
- Format
- Document (PDF)
- Title
- The effectiveness of dropout prevention models as perceived by high school principals and high school guidance counselors in Florida.
- Creator
- Bacon, Joyce Tropea, Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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This study investigated the perceptions of high school principals and guidance counselors, in the State of Florida, of nine dropout prevention models and their effectiveness. Six of the models exemplify the most frequently used programs throughout Florida: (a) the transitional ninth grade class, (b) computer-assisted instruction, (c) teaching high school competency test strategies, (d) educational alternative centers/schools of choice, (e) vocational technical centers, and (f) youth services...
Show moreThis study investigated the perceptions of high school principals and guidance counselors, in the State of Florida, of nine dropout prevention models and their effectiveness. Six of the models exemplify the most frequently used programs throughout Florida: (a) the transitional ninth grade class, (b) computer-assisted instruction, (c) teaching high school competency test strategies, (d) educational alternative centers/schools of choice, (e) vocational technical centers, and (f) youth services programs. The three newer program models, cities in schools, block scheduling and telecommunications abeyance programs, have been in use for less than three years in the State of Florida but literature identifies them as promising dropout prevention models. The dropout prevention models survey instrument was developed for this purpose and determined to be reliable. According to the results of the data analysis, using the one-way ANOVA, none of the null hypotheses were rejected at the .005 level of significance. The results supported the null for eight of the nine models tested for each hypothesis. Significant differences (<.005) were found between the principals and guidance counselors for the block scheduling model regarding block scheduling and attendance, retaining minority at-risk students, increasing math and English scores on the Florida High School Competency Test (HSCT), and retaining 90% of the at-risk population. However, the practical significance of these results in Hypothesis 1 through 4 were assessed, using the eta^2, with the results that the statistically significant differences are too small to be of practical significance. The survey was administered to 628 volunteer respondents. The principals were more favorable towards block scheduling as a means of increasing attendance, increasing scores on the Florida High School Competency Test, improving retention of at-risk minority students, and in increasing retention to 90%. Guidance counselors perceived the Block Scheduling Model as neither effective nor ineffective for increasing retention and the Vocational Model as neither effective nor ineffective for retaining minority at-risk students.
Show less - Date Issued
- 1997
- PURL
- http://purl.flvc.org/fcla/dt/12517
- Subject Headings
- Dropouts--Prevention, High school dropouts
- Format
- Document (PDF)
- Title
- Gender and socioeconomic status as predictors of reading gain scores on the Stanford Achievement Test for fifth grade students who participated in computer-assisted instruction.
- Creator
- Rose, Garie H., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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This study investigated Stanford Achievement Test (Eighth Edition) reading scores in vocabulary, comprehension, and total reading achievement. Scores were obtained from gender and socioeconomic levels (SES) of regular education fifth grade students following the use of computer assisted instruction (CAI) using Jostens Learning Corporation software. Factorial analyses of variance were performed to test the interaction between high and low socioeconomic levels (SES) of regular education...
Show moreThis study investigated Stanford Achievement Test (Eighth Edition) reading scores in vocabulary, comprehension, and total reading achievement. Scores were obtained from gender and socioeconomic levels (SES) of regular education fifth grade students following the use of computer assisted instruction (CAI) using Jostens Learning Corporation software. Factorial analyses of variance were performed to test the interaction between high and low socioeconomic levels (SES) of regular education students, and gender on the Stanford Achievement Scores (Eighth Edition) in the areas of vocabulary, comprehension, and total reading achievement. All participants used computer assisted instruction for three years as a supplement to basal reading instruction. The sample consisted of 590 elementary students (312 females and 278 males) in grade 5. Socioeconomic levels were determined by whether or not the students received free or reduced price lunch (139 low SES students and 451 high SES students). All participants attended the same school for three years and had three consecutive years of scores in vocabulary, comprehension, and total reading achievement on the SAT. Gain scores were obtained by subtracting the 1994 scores from the 1996 scores in vocabulary, comprehension, and total reading achievement. Mean gain scores were compared between groups using factorial analysis of variance, with SES and gender as the factors. Analyses revealed that there was not a significant (p < .05) difference between high and low SES students in comprehension or total reading achievement. There was a significant $(p < .05)$ difference between high and low SES students in vocabulary gain scores, but the difference was too small to be of practical significance. Analyses revealed that there was not a significant (p < .05) difference between males and females and scores in vocabulary, comprehension, or total reading achievement. There was a significant interaction (p < .05) between gender and SES in vocabulary, comprehension, and total reading achievement scores. Results of this study clearly indicated that there were more gains for certain groups of students. Recommendations suggest that future research includes close examination of low SES male students and their unique learning styles. Characteristics, their interactions with the computer and software design should also be studied.
Show less - Date Issued
- 1997
- PURL
- http://purl.flvc.org/fcla/dt/12542
- Subject Headings
- Educational tests and measurements, Educational tests and measurements--Sex differences, Educational tests and measurements--Social aspects, Reading readiness--Testing
- Format
- Document (PDF)
- Title
- A study of Black nursing faculty: Factors that influenced completion of graduate-level degrees.
- Creator
- Eastmond-Robinson, June Patricia., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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Nursing education must attract qualified minorities to faculty positions in order to provide role models for students, to increase diversity, and to fulfill the need for new faculty. African-American faculties continue to be underrepresented in higher education and specifically in nursing education. The purpose of this study was to identify factors that influenced currently employed Black nursing faculty to persist in their education until completion of the Master of Science in Nursing degree...
Show moreNursing education must attract qualified minorities to faculty positions in order to provide role models for students, to increase diversity, and to fulfill the need for new faculty. African-American faculties continue to be underrepresented in higher education and specifically in nursing education. The purpose of this study was to identify factors that influenced currently employed Black nursing faculty to persist in their education until completion of the Master of Science in Nursing degree. Current trends in national demographics demonstrate an increasingly diverse population. likewise, a changing health care delivery system that has mandated decreased hospital length of stay requires nurses to advocate and educate the client in self-care in a shorter time frame. Lack of knowledge of cultural patterns in minority clients has been shown to contribute to problems of non-compliance with medically prescribed treatments (Pacquino, 1995). Whatever becomes of the evolving debate over insurance reimbursement, nursing care of clients will continue to be an important component. Sensitivity to culture and ethnic patterns is crucial in maintaining the client's health and independence. This research describes a sample of African-American nursing faculty whose names were systematically selected from The Directory of Black Nursing Faculty, (Tucker, 1991). A questionnaire was developed by the researcher that contains thirty Likert-style and open-ended questions. The instrument was grouped into 3 categories: demographics, educational influences, and psychosocial influences. One hundred thirty-nine questionnaires were mailed to the sample. After 2 mailings, the response rate was 56%. The findings revealed that program completion for this group was influenced by, (a) financial assistance. Over eighty percent reported this was essential, (b) a supportive school of nursing environment that accounted for the second highest degree of importance, (c) a diverse support system including student networking, faculty mentoring/advising, family, and friends, and (d) the imperative of high self-esteem needed to sustain the African-American student nurse in a perceived hostile educational environment.
Show less - Date Issued
- 1999
- PURL
- http://purl.flvc.org/fcla/dt/12620
- Subject Headings
- Nursing schools--Faculty, African American nurses, Nursing--Study and teaching (Graduate)
- Format
- Document (PDF)
- Title
- A qualitative study of participants' role expectations on school advisory councils.
- Creator
- Huie, Kathleen K., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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This qualitative study examined the role expectations of participants on School Advisory Councils (SACs). Selected teachers, principals, parents, and community members were interviewed, SAC meetings observed, and SAC documents analyzed in an investigation into the roles of the SAC and SACs' impact on school reform. Data was transcribed, coded, triangulated, and analyzed to understand the views of SAC members. The study resulted in nine major findings: (a) State and local policies are unclear...
Show moreThis qualitative study examined the role expectations of participants on School Advisory Councils (SACs). Selected teachers, principals, parents, and community members were interviewed, SAC meetings observed, and SAC documents analyzed in an investigation into the roles of the SAC and SACs' impact on school reform. Data was transcribed, coded, triangulated, and analyzed to understand the views of SAC members. The study resulted in nine major findings: (a) State and local policies are unclear about the actual role of SAC, (b) past histories and current contexts shaped participation in SAC, (c) involvement in SAC was a result of personal motivation, (d) availability of information was an important reason for participation in SAC, (e) SAC participation brought the opportunity to have a voice and vote, (f) reform of curriculum, instruction, and assessment was not addressed by SAC, (g) SAC serves mainly as support, (h) the accomplishments of SAC are elusive, and (i) principals and chairs of SAC have the clearest view of the role of the SAC. The study concludes that SAC makes no significant impact on school reform, that connections between SAC and school reform are difficult to identify and recommends further research, a lessening of emphasis on high-risk, state-mandated assessments; and a change in state law to clarify the role of SAC.
Show less - Date Issued
- 2000
- PURL
- http://purl.flvc.org/fcla/dt/12631
- Subject Headings
- Citizens' advisory committees in education, Community and school, Educational change, School management and organization
- Format
- Document (PDF)
- Title
- The relationship between conflict resolution/peer mediation and school climate as evidenced by selected critical incidents.
- Creator
- Davenport, Kathleen Ann., Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
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This research study investigated the relationship between a conflict resolution/peer mediation program and school climate as evidenced by selected critical disciplinary incidents and climate surveys. Variables investigated were survey participants' status: faculty or student. The subjects of this study were 225 students and 129 faculty members of Port St. Lucie High School in St. Lucie County, Florida. The critical incidents were compared between Port St. Lucie High School which implemented...
Show moreThis research study investigated the relationship between a conflict resolution/peer mediation program and school climate as evidenced by selected critical disciplinary incidents and climate surveys. Variables investigated were survey participants' status: faculty or student. The subjects of this study were 225 students and 129 faculty members of Port St. Lucie High School in St. Lucie County, Florida. The critical incidents were compared between Port St. Lucie High School which implemented the program and another comprehensive high school in St. Lucie County. The findings showed two major results: (a) although there was some increase in positive perception about school climate after the implementation of the conflict resolution/peer mediation program, it was not significant and (b) there was a decline in the rate of three of the disciplinary incidents measured, attempting to fight, fighting and striking another student were less than expected. Disrespect for others, however, was not decreased.
Show less - Date Issued
- 1997
- PURL
- http://purl.flvc.org/fcla/dt/12501
- Subject Headings
- Conflict management, Mediation, Peer counseling of students, Classroom environment, School management and organization
- Format
- Document (PDF)
- Title
- Teacher perspectives on the effect of the Florida Public Accountability System on the middle school classroom.
- Creator
- Roberts, Helen, Florida Atlantic University, Jurenas, Albert C.
- Abstract/Description
-
The Florida Public Accountability System and the Florida Comprehensive Assessment Test, FCAT, have been in use since 1996. Since that time, schools have received grades, rewards and sanctions for performance, promotion requirements have changed, and the results of the FCAT are published annually for public scrutiny. With testing required in grades 3 through 11, middle schools (grades 6--8) must test all the students in their schools. A literature review revealed that, although achievement...
Show moreThe Florida Public Accountability System and the Florida Comprehensive Assessment Test, FCAT, have been in use since 1996. Since that time, schools have received grades, rewards and sanctions for performance, promotion requirements have changed, and the results of the FCAT are published annually for public scrutiny. With testing required in grades 3 through 11, middle schools (grades 6--8) must test all the students in their schools. A literature review revealed that, although achievement studies, drop out studies, and other data had been analyzed, little research focused on the impact of the FCAT from the perspective of the classroom teacher. This study examines the impact of the Florida Public Accountability System and the FCAT on the middle school classroom from the teacher's perspective. A survey of 130 middle school teachers was conducted in the spring of 2004. The study included closed-ended questions and space for additional comments. The impact was measured based on three variables, the impact on instructional methodologies, the impact on the quality of education and the impact on job satisfaction. Each of these variables was further analyzed to see if the grade of the school in which the teacher works has an effect on their responses to the survey. Furthermore, an analysis was conducted to determine if the subject area which the teacher teaches affected responses to the survey. Results indicate that responses are split on the majority of questions relating to the impact of the FCAT and the Florida Public Accountability System on both the instructional methodologies in classrooms and on the quality of education. These results showing both positive and negative responses between individual teachers indicate a lack of agreement within the teaching profession and create an interesting dynamic for school leaders. The results indicate less disagreement on the effects on job satisfaction with teachers reporting little impact on their own personal job satisfaction however, more impact on staff morale. A school's grade did not appear to influence differences in responses. However, the subject areas that a teacher reported teaching did seem to influence teacher responses. With increasing emphasis on accountability in mind, including Federal No Child Left Behind requirements, further research in this area is recommended.
Show less - Date Issued
- 2005
- PURL
- http://purl.flvc.org/fcla/dt/12160
- Subject Headings
- Educational accountability--Florida, Educational tests and measurements--Florida, Academic achievement--Florida, Florida Comprehensive Assessment Test, Middle school education, Middle school teachers--Florida--Attitudes
- Format
- Document (PDF)
