Teacher Immunity Pertaining to Transporting Students
Immunity from liability - §22.0511, Texas Education Code
Professional employees of school districts are not personally liable for
acts incident to or within the scope of their duties that involve the exercise of discretion, other than:
1) using “excessive force” or “negligence resulting in bodily injury” while disciplining a student, or,
2) operation or maintenance of a motor vehicle.
Professional employees of school districts are not personally liable for
acts incident to or within the scope of their duties that involve the exercise of discretion, other than:
1) using “excessive force” or “negligence resulting in bodily injury” while disciplining a student, or,
2) operation or maintenance of a motor vehicle.
Student Transportation
Students in Career Preparation and Practicum courses that involve an internship must travel to the Training Station. Students traveling on their own away from the school during school hours pose a liability issue. The following statements are from from Education Service Center 112 in the State of Washington.
Risk management experts in the state of Washington recommend the reduction of liability exposure to the district (and to the instructor) through risk transfer. If students drive themselves or other students to events, the district should “divorce” itself from the responsibility of arranging the transportation. In other words, the district should leave the arrangements of transportation for student involved in these circumstances to the parents.
Following are steps the district can take to lessen a school district’s liability:
Below is an example of a wording that a school district in Western Washington included on every application for participation in sports.
“Transportation will not be provided except as specifically identified by the school. Use of non-district provided transportation will be needed to access off campus sites for practices and some contests. Providing or arranging appropriate transportation to these contests is the responsibility of the parent.”
A similarly written notification could be sent to a parent/guardian by a teacher with students that travel to a training station. The notification would be signed by the parent or guardian and returned to the instructor.
This information is taken from a newsletter, Risk Management Matters - Fall 2009, from Education Service Center 112 in the state of Washington. It could be viewed at this link which now appears to be inactive.
Risk management experts in the state of Washington recommend the reduction of liability exposure to the district (and to the instructor) through risk transfer. If students drive themselves or other students to events, the district should “divorce” itself from the responsibility of arranging the transportation. In other words, the district should leave the arrangements of transportation for student involved in these circumstances to the parents.
Following are steps the district can take to lessen a school district’s liability:
- Give specific directions to the destination
- Inform parents that school district transportation is not available and that it is their responsibility to make transportation arrangements. It is the parents’ decision whether or not to allow their student to drive themselves or to ride with another student
- Require a signed parent acknowledgment of this notification
- Never give direction as to who can ride with whom
Below is an example of a wording that a school district in Western Washington included on every application for participation in sports.
“Transportation will not be provided except as specifically identified by the school. Use of non-district provided transportation will be needed to access off campus sites for practices and some contests. Providing or arranging appropriate transportation to these contests is the responsibility of the parent.”
A similarly written notification could be sent to a parent/guardian by a teacher with students that travel to a training station. The notification would be signed by the parent or guardian and returned to the instructor.
This information is taken from a newsletter, Risk Management Matters - Fall 2009, from Education Service Center 112 in the state of Washington. It could be viewed at this link which now appears to be inactive.
Additional Sample Form for Student Transportation
An additional source of forms covering student transportation is used by the Arizona Department of Education Career and Technical Education.
There is a specific pdf document entitled Work-Based Learning Resource Guide. That guide is available for downloading at the end of this section. The guide contains a letter to be signed by the parent/guardian concerning student transportation to the Training Site. The document is on pages 6-7. Please note the final line which states "As a WBL Coordinator in the ___________________ Public Schools, I have signed this form only to acknowledge that the form has been received, completely filled out, signed, and filed in my office." When the teacher signs the letter, they are only stating that they are only acknowledging receipt of a form.
There is a specific pdf document entitled Work-Based Learning Resource Guide. That guide is available for downloading at the end of this section. The guide contains a letter to be signed by the parent/guardian concerning student transportation to the Training Site. The document is on pages 6-7. Please note the final line which states "As a WBL Coordinator in the ___________________ Public Schools, I have signed this form only to acknowledge that the form has been received, completely filled out, signed, and filed in my office." When the teacher signs the letter, they are only stating that they are only acknowledging receipt of a form.
01samplesofstudentparentcommunicationanddocumentation.pdf | |
File Size: | 59 kb |
File Type: |
Additional Sample Form for Student Transportation
Another source of a sample form can be found in the Bluewater Schoold District in Ontariao, Canada. This document does contain some wording that defines the parents responsiblities for student transportation. It can be viewed at this link.
The State of Washington Career and Technical Education Department contains a link for a document that was developed for North Thurston Public Schools. It contains a statement that the parents will "Assume responsibility and liability for student transportation while traveling to and from the worksite."
The State of Washington Career and Technical Education Department contains a link for a document that was developed for North Thurston Public Schools. It contains a statement that the parents will "Assume responsibility and liability for student transportation while traveling to and from the worksite."