Ensuring Student Safety when School is Dismissed Early
By: Lester E. Taylor, III, Esq.

By The field of "School Law" is an ever-growing practice area and challenges the legal professional as well as Board Members and School Administrators with virtually every area of law and policy encountered by any other State and/or Municipal body in the State of New Jersey, including Title 59 litigation, labor and employment law, workers' compensation, construction, public bidding, the open public meeting and records acts, etc.

However, there are also a number of legal issues and policies that are particular to the educational environment, i.e. tenure laws and matters that directly impact not only student achievement but equally, if not more importantly, student safety. For a school district to protect its students from injury and it from liability if injuries do occur after the school bell rings, it is incumbent upon all school districts to adopt policies governing school dismissal procedures and notify parents of said policy.

In late October 2007, a New Jersey student who suffered a paralyzing injury after being hit by a car after school was dismissed settled a case against his local school district for $6 million dollars. The student, Joseph Jerkins, attended the Pleasantville, N.J., public schools and has spent the last few years at a medical facility after his injury in 2001.

In that case, students were dismissed from school on an early dismissal day. The plaintiff, an elementary school student, walked off school grounds without adult supervision and was struck by a car a few blocks away from the school later that afternoon resulting in paralysis from the neck down. The plaintiff and his family brought an action against the driver of the vehicle that struck him alleging negligent operation, against the owner of the vehicle alleging negligent entrustment of the vehicle to the driver and against the local board of education and principal alleging that they negligently, carelessly and recklessly failed to exercise their duty of reasonable supervision and care for the student's safety.

The plaintiffs settled against the driver and owner of the vehicle at an earlier stage and the Superior Court, Law Division, Atlantic County granted summary judgment in favor of the board of education and principal finding that the district's duty of care was inapplicable to an accident that occurred hours after dismissal and a number of blocks from school property. Plaintiffs appealed and the Appellate Division, 2006 WL 1675405, reversed, holding that schools have a duty of reasonable care to supervise children at dismissal and remanded the case for a trial to ascertain whether said duty was breached.

In the State of New Jersey, "the duty of school personnel to exercise reasonable supervisory care for the safety of their students entrusted to them, and their accountability for injuries resulting from failure to discharge that duty, is firmly established." Caltavuturo v. City of Passaic, 124 N.J.Super 361, 366 (1973). See also, Jackson v. Hankinson and Bd. Of Ed., New Shrewsbury, 51 N.J. 230, 235-236 (1968); Titus v. Lindberg, 49 N.J. 66, 73 (1967).

A school's duty to exercise reasonable care for the children in its custody is integral to the public education system, and such duty does not disappear when the school bell rings. Jerkins v. Anderson, 191 N.J. 285, 289 (2007). During a school day, children face many foreseeable dangers. Those dangers continue at dismissal as children are naturally susceptible to numerous risks, including negligent conduct, when leaving school property. Id. at 295. Therefore, it is foreseeable that a young child, exiting school grounds, with or without parental or other supervision, may be vulnerable to harm.

As "parents… relinquish their supervisory role over their children to teachers and administrators during school hours," and thus "transfer to school officials the power to act as guardians to those young wards," school officials have a duty to students until those officials have successfully monitored the students through dismissal. Id. at 296. Quoting, Frugis v. Bracigliano, 177 N.J. 250, 268 (2003). Such a duty requires school districts to create a reasonable dismissal supervision policy, provide suitable notice to parents of that policy, and effectively comply with the policy and subsequent and appropriate parental requests concerning dismissal. Jerkins at 289-290.

POLICY
Satisfaction of this duty of care requires a school district to adopt a policy governing dismissal practices. Id. at 302. The "policy should include, at a minimum, sufficient detail about the adult supervision and patrols present during dismissal, the assigned duties and locations of those adults at dismissal, and procedures for early-dismissal days." Id.

NOTIFICATION
Secondly, a school district must notify parents of the adopted dismissal policy, specifically informing parents of what to expect from the school district regarding the school day's end, the school calendar and typical dismissal protocol. Id. School districts must provide "notice reasonably calculated to apprise parents of what they can and should expect the school will do when releasing children and the time of dismissal for each day of the school year. The school must inform parents what supervision will be provided by the school district at the school day's end and what supervised after-school services, if any, will be available to students at the school's facilities after formal dismissal." Id.

Furthermore, "in respect of the school district's transfer of responsibility of students to parents at day's end, the school district's notice must inform parents what the usual circumstances at dismissal will be regarding a student's release to walk home." Id. at 302. If a parent desires, they may instruct the district to prevent their child from walking home unescorted. As such, the district must provide some means for the parents to make such a request, although it is the parents' obligation to inform the school to enforce such a restraint. Id. at 303.

COMPLIANCE
Thirdly, a school district's duty requires adherence to a reasonable published dismissal practice, including compliance with a parent or guardian's instructions about releasing a child to walk home alone. Id. at 303. If instructed by a parent or guardian that a child is not permitted to walk home alone, a district must retain supervision over the child while the student remains on school property awaiting the arrival of the appropriate escort or designated transportation. Id.

Additionally, a district must have a plan for emergencies such that, when an unforeseen event prevents a parent or guardian from arriving for the child at dismissal, the child will be provided some form of temporary, supervised accommodation. Id.

CONCLUSION
The Court in Jerkins ruled that dismissal is part of the school day and therefore school districts have a duty to exercise reasonable care in supervising children during dismissal. It is essential that school districts in New Jersey adopt policies to avoid potential liability in regard to any foreseeable harm to their students upon dismissal.

Meet the Education Law Leadership Team

Lester E. Taylor, III
Lester is an associate with the firm and is co-chair of the firm’s Education Law Group. He has extensive experience representing school districts in the State of New Jersey.

Lester has recently represented school boards, including Asbury Park, Irvington, East Orange and Pleasantville, N.J., as general counsel as well as for labor and employment and workers compensation matters. He has successfully litigated and reached favorable settlements regarding matters in federal, state and administrative law courts, inclusive of employment discrimination, family leave, special education impasse proceedings, scope of representation proceedings and numerous labor law matters. Lester has negotiated labor contracts on behalf of public entities with a variety of labor unions including the New Jersey Education Association, Communications Workers of America and Service Employees International Union.

Lester received a bachelor of arts degree from Montclair State University and a Juris Doctorate from Howard University School of Law. He is admitted to practice law in New Jersey and Maryland.


Donald E. Souders, Jr.
Don is a partner with the firm and co-chairs the firm’s Education Law Group. The firm currently represents the Phillipsburg, N.J., School District.

Don's educational law experience includes the representation of clients on matters involving contractual negotiations, tenure charges, policy development and implementation, grievance proceedings, special education law including "due process hearings," Title IX compliance, Abbott District issues, school funding and all other matters covered under N.J.S.A. 18A:1-1, et seq. and N.J.S.A. 6 & 6A:1-1, et seq.

Don received a bachelor of science degree from the University of Delaware and a Juris Doctorate from Widener University School of Law. He is admitted to practice law in New Jersey and Pennsylvania.


J. Andrew Kinsey
Andrew is a partner and the chair of the firm's Labor and Employment Group. He currently advises and represents Warren County Community College and other public-sector organizations such as the County of Warren, Borough of Alpha, Phillipsburg Housing Authority, Delaware River Joint Toll Bridge Commission and Township of North Brunswick.

Andrew has extensive experience representing management in private and public-sector matters regarding various types of discrimination, whistle blower, family leave, wage and hour, and civil rights cases. In the field of traditional labor law, he negotiates collective bargaining agreements and handles arbitration, NLRB, PERC and Merit Systems Board proceedings. Andrew has negotiated on behalf of clients with the Teamsters, Retail Workers and Distribution Services Union, Fraternal Order of Police, United Food and Commercial Workers Union, Communications Workers of America and various local chapters of the New Jersey Education Association.

Andrew received a bachelor of science degree cum laude from American University and a Juris Doctorate cum laude from New York School of Law where he was an editor for the Journal of Human Rights. He is admitted to practice law in New Jersey, Pennsylvania and New York.

Firm Well Represented
At New Jersey State League of Municipalities' Conference

The firm was well represented at the mid-November Annual Conference of the New Jersey State League of Municipalities held in Atlantic City. Governor Jim Florio participated in panel discussions entitled Grading the Governor's Second Year, A Custom-Fit Healthy Community and Developing Strategies for a Green Community. In addition to the Governor's participation, firm members were also in attendance at key sessions, and an opening night cocktail reception was hosted by the firm's partners Governor Florio, Mike Perrucci, Doug Steinhardt and Paul Fader. The firm's three mayors - Doug Steinhardt (Lopatcong Township), Mark Peck (Bloomsbury) and Brian Tipton (Harmony) also attended the conference.

Ted Brennan: Big Brother

Coming from a large family, Ted Brennan, an associate in our Woodbury office, knows firsthand the value of having an older role model while growing up. That's why he serves on the Board of Trustees of Big Brothers/Big Sisters of Camden and Gloucester Counties. Ted is the organization's liaison between its task-oriented Board of Trustees and its policy-oriented Board of Directors, attending meetings for both bodies. He also helps with the Big Brothers/Big Sisters' annual fundraiser, Cooking for Kids' Sake, which features samples of the cuisines of southern New Jersey's top restaurants. Last Spring, the event raised more than $50,000 to support Big Brothers/Big Sisters' programs.

This year's event will take place on April 9 at the Crowne Plaza Hotel in Cherry Hill. More information about this event can be found at: www.cookingforkidssake.com.

Mr. Taylor is an associate with Florio Perrucci Steinhardt & Fader, where he works with the firm's practice groups of Litigation Defense, Labor and Employment, Municipal, Education, and Construction and Public Contracting law.

Lester received a bachelor of arts degree in political science from Montclair State University and a Juris Doctorate from Howard University School of Law. While in law school, he served as a legislative associate for Dominion, a Virginia-based electric utility, in its Washington, D.C., office.

Following graduation from law school, Lester served as a law clerk to the Honorable Zinora M. Mitchell-Rankin, Associate Judge, Superior Court of the District of Columbia. He then worked as an associate engaged in all phases of litigation with Hunt, Hamlin & Ridley in Newark, N.J., before joining Florio Perrucci Steinhardt & Fader, L.L.C.

In the past few years, Lester has gained significant experience in representing school boards for general as well as labor and employment matters. He has represented the Boards of Education in Asbury Park, Irvington, East Orange and Pleasantville, N.J.

Lester is admitted to practice law in New Jersey and Maryland.

New Associates Join the Firm


Jennifer A. Vorhies has joined the Phillipsburg office as an associate working with family law and litigation defense matters. She received a bachelor of arts degree from The Pennsylvania State University and, as an undergraduate student, completed an internship in the Hunterdon County, N.J., Prosecutor's Office and with the Pennsylvania Commission on Sentencing. Jennifer received her Juris Doctorate from Pace University School of Law and was a member of the student disciplinary board. She most recently practiced law with the Law Offices of George Surgent. Jennifer is admitted to practice law in New Jersey and New York as well as in the U.S. District Court for the District of New Jersey.



Jessica L. Cardone has joined the Phillipsburg office as an associate working with labor and employment, education and litigation defense matters. She received a bachelor of arts degree from Hofstra University and a Juris Doctorate from Hofstra University School of Law. While in law school, Jessica was secretary to the Corporate Law Society, a finalist in the Hofstra Law Intra-school Trial Competition and a semifinalist in the Quinnipiac School of Law Annual Trial Competition. As a third-year law student, she served as law clerk with McBreen & Kopko and then as a legal intern with the Hofstra University Housing Rights Clinic, where she participated in settlement negotiations and accompanied the clinic's clients to court. Jessica is admitted to practice law in New Jersey and New York as well as in the U.S. District Court for the District of New Jersey.



Elizabeth L. Bancroft has joined the Rochelle Park office as an associate working with municipal, real estate and land use and redevelopment matters. Elizabeth received a bachelor of arts degree from Colby College and her Juris Doctorate from the University of Maine School of Law where she was the recipient of the Vermont Alumni Scholarship. Following graduation from law school, she was a law clerk to the Honorable John H. Pursel, New Jersey Superior Court, Criminal Division, in Warren County, N.J. Elizabeth began her career working with public and private sector clients in all phases of the redevelopment process including negotiating and drafting redevelopment agreements, financial agreements, PILOTs and Long-Term Tax Exemptions. She has also worked with land use, litigation, commercial transactions, real estate, contracts and other general matters and thus has acquired a broad background in redevelopment and municipal matters. Elizabeth is admitted to practice law in New Jersey, Massachusetts and Maine.

Helping Those Less Fortunate
The support staff at the firm's Phillipsburg office banded together to support a family in crisis during the holiday season. Toni Easterday, assistant to Brian Tipton, learned of a family facing significant financial and health issues. The family is a client of Northwestern New Jersey Community Action Program's FACES program, which is administered under a grant from the New Jersey Department of Human Services and the Phillipsburg Board of Education. The support staff delivered clothing, toys and money that brightened the holiday season for one less-fortunate family. Additionally, the firm made a contribution to NORWESCAP for the holidays.