Supervision+Outside+of+School+Hours


 * The Issue:**

One of the most challenging areas a school administrator faces is the liability associated with school supervision before and after the school day. With regards to public schools, tort liability is the term used to define the idea that an individual or organization has the right to sue a potentially negligent party for bodily injury or property damages. While accidents can and surely do happen during school hours, the general thought is that proper supervision is occurring while school is in session. However, what happens when a student arrives prior to or remains on school grounds outside of a school's posted supervisory hours? Is the district or school responsible for ensuring the safety of students outside of the school day? Can an administrator be held personally liable in the event a student is injured during this time?


 * The Law:**

Essex cites the 1966 - 1967 New Jersey Supreme Court case, //Titus v. Lindeberg//, as a classic example of supervision of students outside of the regular school day. In this case, a nine-year old Fairview School student (Titus) was injured by a 13 year-old student from another school (Lindberg) at 8:05 a.m., which was approximately 10 minutes prior to the beginning of the school day. Though the school day had not officially started, the Principal (Smith) frequently provided supervision for students who arrived early. Throughout the fact-finding process, Lindberg was found to have injured another student at 8:00 a.m., approximately five minutes before injuring Titus**.** Additional facts presented include: Smith's acknowledgement that Lindberg had previously caused problem's on school grounds, Smith was often the only school official supervising the students' morning arrival, and rules regarding behavior requirements were not shared.

In the suit, Titus alleged that his injury was caused both by Lindberg and Smith's negligence. The first claim obvious; The second, surprising. Even more surprising? The court held both Lindberg and Smith responsible for Titus' injury, finding that:


 * School personnel are liable for injuries received by students under their supervision, when such personnel fail to exercise reasonable supervision. The fact that students arrived early did not relieve Smith of an obligation to provide reasonable supervision, since he was aware of their presence on campus. Further, Smith had not announced any rules governing student behavior before classes began, nor had he assigned other teachers supervisory responsibilities before classes began (Essex, 2008).**

A similar court case, //M.W. v. Panama Buena Vista Union School District// (2003), out of Bakersfield California, the California Supreme Court found the school district liable for extensive damages when an 8th grade special education student was sexually harassed by another student in a bathroom before the school day began. Although general supervision was provided, there was no school official specifically responsible from 7:00 a.m., when the school gates were unlocked, until 7:45 a.m., when official student supervision began. Additionally, the individual charged with conducting the act was well-known to school officials, having received over 30 instances of discipline over the course of two years. Finally, parents were not advised of the school's supervision policies.

The State of Alaska's Professional Teaching Practices Commission has established the following Professional Standard regarding supervision:

"In fulfilling obligations to students, an educator shall make reasonable effort to protect students from conditions harmful to learning or to health and safety". (20 AAC 10.020**,** Code of Ethics and Teaching Standards, (b) 3.


 * Proactive Measures:**

1. Ensure that staff has adequately been trained in supervision standards and behavior expectations, and that a formal plan of supervision, to include each individual staff member's duties, is on file with the district and posted on school grounds. Share supervision plan and behavior expectations with parents at the commencement of the school year, and provide frequent reminders through newsletters, websites, family nights, conferences, and robo-calls as needed.

2. If made aware of students who are frequently on school grounds outside of the school day, promptly address the issue by meeting with the minor's guardian and remind him or her of the school's supervision policy. Document the meeting or phone conversation.

3. Advise school personnel that, should they become knowledgeable about dangerous activity, even outside of school hours, it should be reported immediately. Such activity occurring outside of the school day does not necessarily absolve the district, school, or administrator of liability. Awareness of potentially dangerous activity allows school personnel to devise a plan to mitigate potential issues.

4. In both court cases cited above, liability was found to have occurred because either the school or the school official had knowledge of a particular individual's problematic behavior, and failed to act judiciously. It is the responsibility of the school and the educator to maintain a safe environment for all students.