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Administrative Guide: School Liability

1. School district personnel must be aware oI the standard oI care that must be met as they
instruct and supervise students in various activities to which they have been assigned.

2. Every teacher or administrator has a responsibility to ensure to the Iullest extent possible that
school buildings and grounds are saIe Ior student use.

3. The absence oI Ioreseeability by school personnel will not be upheld by the courts when the
Iacts reveal that school personnel were expected to Ioresee the potential danger oI a situation
resulting in injury to a student.

4. School personnel have a legal duty to instruct, supervise, and provide a saIe environment Ior
students.

5. Reasonable and prudent decisions regarding student saIety will withstand court scrutiny.

6. A higher standard oI care may be expected during Iield trips and excursions involving
students, especially in cases where students are viewed as licensees.

7. School grounds should be accessible and considered saIe Ior authorized visitors.

8. School personnel must reIrain Irom any actions that may Iall under the categories oI assault
and battery, especially in cases involving physical punishment.

9. Personal inIormation regarding students should be kept conIidential. Only those who have a
vested interest in working with a student should have access to such personal inIormation.

10. School personnel should be mindIul that qualiIied privilege is limited when inIormation is
shared concerning a student. They must operate in good Iaith with no intent to harm a student's
reputation.

11. Students should not be coerced to use equipment or perIorm a physical activity Ior which
they express serious apprehension. Coercion oI this type could result in injury to the student and
liability charges against school personnel.

12. Teachers and administrators should be reminded that the inIliction oI mental distress
involving students may result in personal liability charges.

13. The conduct oI school personnel should not be calculated to cause emotional harm to
students.

14. Unorthodox and indeIensible practices aimed at disciplining students should be avoided.

15. Unacceptable behavior by teachers and administrators that exceeds the boundaries oI
proIessional conduct should be clearly stated in school or district policy, with the consequences
Ior violations spelled out.

16. Schools should develop a culture and a set oI values that place a high premium on respect Ior
the dignity oI every individual involved in the school community.

17. When possible, interactions involving students that might tend to embarrass them or create
mental distress should occur in private, and not in the presence oI their peers.

18. Board oI education members may be held liable Ior their individual acts that result in the
violation oI a student's rights.

19. Students should not be detained aIter school Ior unreasonable periods oI time Ior behavior
that does not warrant detention.

20. Items retrieved Irom students, iI not illegal, should be returned to students or their parents
within a reasonable time Irame and not retained permanently by school personnel.

21. Illegal items, with the administrators' consent, should be presented to law enIorcement
oIIicials upon notiIication oI parents.

22. A higher standard oI care is necessary in laboratories, physical education classes, and contact
sports.

23. School oIIicials should provide some Iorm oI supervision Ior students beIore the school day
begins or aIter the school day ends.

24. Well-planned liability workshops/seminars should be oIIered periodically to ensure that
school personnel are aware oI the limits oI liability (pp. 196-197).

Essex, N. L. (2008). School law and the public schools (4th. Ed.). Boston, MA: Allyn and
Bacon.

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