Legal Implication On The Concept Of In Loco Parentis To The Teaching Profession And Students

Abstract

Nowadays, children spend a lot of time in school. Teachers are the ones who take on the role of taking care of children in school when they become students. The relationship between teacher and student is a special and sacred relationship. In the legal context, the relationship between teacher and student is explained in the concept of in loco parentis. Teachers are considered as surrogate parents when children are in school. As surrogate parents, the law places great responsibility on teachers. Therefore, this paper aims to explain the concept of in loco parentis from a legal point of view in the context of the relationship between teachers and students. In addition, this paper will analyze the impact of in loco parentis relationships on the teaching profession, particularly from the aspect of the role and responsibilities of teachers as surrogate parents. To achieve this objective, the qualitative method is used in this paper. Data collection was done using primary and secondary sources. This paper finds that the concept of in loco parentis is indeed recognized in the relationship between teachers and students in Malaysia. This concept emphasizes the responsibility of teachers as surrogate parents who should act and take appropriate measures to look after the welfare of students. Any action or decision that could be detrimental to students can be considered a violation of the concept of in loco parentis and can amount to a legal action. Consequently, teachers should be aware of their roles and responsibilities under the concept of in loco parentis so that they are not subject to any action under the law. Moreover, dispute resolution using alternative settlement methods can be used to cater to the disputes besides encouraging negotiations among all parties.