School Liability Shocker
Parent Responsibility vs. School Responsibility
Scenario
An elementary school has an early dismissal of 1:30 p.m. Students are sent home, as usual. However, a third-grader walked home by himself and was unattended. He was playing with friends, got hit by a car at 3:50 p.m. and is now paralyzed from the neck down. Who is responsible?
- The adult brother who was not there to walk him home?
- The parents who should have arranged for supervision?
- The child who should not have been playing in the street?
- The school?
New Jersey Courts
Justice James R. Zazzali wrote for the court's decision, "As the school-time trustees of our most cherished and vulnerable citizens, educators have the responsibility to protect the children in their care." [Education Week, edweek.org, June 15, 2007]
Typical Proceedures
Most schools distribute a school calendar at enrollment in the fall listing holidays, in-service days and early dismissals. In addition, many schools have blogs on the school's website reminding parents of early dismissal days and any changes that need to be made to the original calendar. Many schools also remind students of early dismissal days and some even send notes home with elementary students. It is unknown how many of these reminders were available to the parents of the young boy.
Changes Happen
Schools must plan the calendar in March or April for the following school year. It is impossible to predict what may happen during the next 14 months. No one can predict
- a blizzard cancelling school
- in-service speaker getting ill
- bussing problems
- influenza epidemic
- boiler problems
- loss of electrical power
All of these unforseen events may cause a school to change the schedule.
Lawsuit
In the above case, the parents of this young boy are suing the school claiming they were not aware of the early dismissal. The case is going to trial.
Initially, a state Superior Court judge did not think there was cause for trial. The parents appealed to the New Jersey Supreme Court and it ruled on June 14 that evidence warranted a trial.
Questions
Many questions will be asked during this trial.
- Did the school have the early dismissal on the original calendar?
- Did the parents come to registration and receive a calendar with the early dismissal?
- Did the school change the calendar?
- Were parents notified of any changes?
- Was the early dismissal listed on the school website?
- Do the parents have a computer with internet access?
- Was the student reminded of the early dismissal?
- Was the student given a note?
- Did the note get home?
And, since the accident took place at 3:50 p.m., would a school be liable for his behavior several blocks from the school even after school hours? The situation would be different if he was hit by a car crossing the street at school at 1:30, the dismissal time.
Something To Watch
It will be interesting to watch for the ruling in this court trial. Schools already
- serve breakfast
- provide lunches and snacks
- bus students
- teach bicycle safety
- instruct latchkey students on safety procedures at home
- provide before school programs
- provide after school programs
- provide bus stop supervision
- issue personal laptop computers and teach internet safety
Many will be waiting to see if now the school is responsible for what happens off school property.
Related articles: NEA: Today's Teacher Issues,
Read previous articles on Educational Issues.
Copyright article 2007 Barbara Pytel. All Rights Reserved.
