Addressing Safety and Liability in STEM Education: A Review of Important Legal Issues and Case Law1

Labs of today are less safe, students are inadequately instructed in safety, and faculty members do not have adequate experience to lead students safely (Haynie, 2008). Technology education, career and technical education (CTE), industrial education, engineering education, and science education laboratories are potentially dangerous places, which is why faculty members working in these areas must not only be concerned with student and faculty safety, but also protection against their own liability (Gathercoal & Stern, 1987; Frantz, Friedenberg, Gregson, & Walter, 1996; Hall & Marsh, 2003; Toglia, 2009). Injuries resulting from school laboratory activities are a harsh reality due to the hands-on design-based learning that is the cornerstone of science, technology, engineering, and mathematics (STEM) education. Despite potential injuries, STEM educators cannot fear liability and sacrifice the advantages of laboratory experiences that foster inquiry-based science and are essential to student learning (Zirkel & Barnes, 2011).

Studying and following developing case law can serve as a viable means for institutions, administrators, and faculty members potentially to prevent an accident and to avoid being found liable. STEM education teacher preparation programs must adequately prepare pre-service and in-service teachers and administrators through coursework, professional development, and developing case law. Being proactive about potential litigation will save time, money, and other costly measures that are important considering today’s tight budgets and trying to prevent losses (Janosik, 2005). This article examines current legal cases regarding classroom and laboratory safety issues for grades P-16 STEM education programs. In addition, strategies for managing these risks and reducing liability will be discussed.