School Liability Shocker

Parent Responsibility vs. School Responsibility

Jul 18, 2007 Barbara Pytel

Once children leave school property and go home, who is responsible if something happens? It is very surprising what a court decided.

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.

The copyright of the article School Liability Shocker in Educational Issues is owned by Barbara Pytel. Permission to republish School Liability Shocker in print or online must be granted by the author in writing.

Student Injuries After School

Court Found School Liable After Hours

Role of Schools After Hours?

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Comments

Aug 30, 2008 10:37 AM

Guest :

I am really interested in this trial, because an incident just occured with my four year old, where the school lost her and had not realized she left walking. They could not find her and did not know what happened; Thank God she was found in the front office of my apartment complex which is located on a busy street two miles from the school. School officials are still trying to figure out what happened and I am trying to find an attorney who will take my case. I would like to sue the school for child neglect and endangerment.

Jan 13, 2009 2:05 PM

Guest :

My son was dismissed from school and slipped and fell on the ice outside the door, hit his head, not one adult was there, he laid on the ice until I found him 10 min. after school was let out.. When I went to the office to see why there was no supervision, they told me it was his fault because he knows the rules, and he wasn't supposed to go out those doors. All of the students are doing it, yet nobody seems to be doin anything about it. I really hope your case goes in your favor. People need to step forward, let others know how irresponsible the schools really are. They are required to keep our kids safe, yet when they don't, they don't want to take responsibility..

Mar 4, 2009 9:30 AM

Guest :

at my school people are watched 24/7 and we cant get hurt im in high school and we couldnt get hurt our school does a wonderful job of watching us.

Oct 20, 2009 10:42 AM

Guest :

It would appear to me that the parents of the unfortunate child are looking to place the blame for this incident on someone else. As a parent the responsiility for my childs saftey resides with me. It is my responsibility to know when and where my child is and needs to be. I read the messages sent home and find out the school schedule. Thats my job not the job of our educators who do not have sufficient time to educate.

Oct 25, 2009 9:58 AM

Guest :

As a teacher I can understand the concern and frustration a lot of these parents are facing. The accidents, there is no argument for the school unless policy was broken. I can't speak specifically for any school but, for example, the possible reason students are told not to go out a certain door is there is no supervision or it is dangerous. Nothing was done about the ice, maybe that was a reason to not use that exit. What if the little girl who left on her own, was told to stay put? I can't speak for what actually happened, but isn't it possible? It is always easy to say, "Well, they are just kids." If a rule is broken, accidents can happen. I do think that things need to be done on the schools part. I believe schools need to become more structured and more disciplined. In the unfortunate story of the slip it is stated, "All of the students are doing it...". Does that mean as students become adults they are not accountable for other malfeasance that others do? Not paying taxes? Theft? The student was hurt and that is unfortunate, but are we blaming the school because they made a rule and it was broken? With structure and discipline no one would be attempting to exit that door. The only barrier for this strategy are parents threatening lawsuits because they don't like the sentence passed for the rule or policy their student broke. There are schools that are irresponsible, don't get me wrong. There are also parents who do not teach their child about rules or taking responsibility for breaking them which includes punishment. Schools are always going to be the overall scapegoat. They are thought of as irresponsible, neglectful, or at fault because they are easy targets and have become the "parents" of children yet are not aloud to admonish them without a legal battle. Schools have their problems but one of their problems is dealing with the challenges of students who come to school without any kind of responsibility or respect for rules and that would be a parents ultimate job.

5 Comments