Several superintendents and board members have contacted the New Jersey School Boards Association recently about a state appellate court decision in a case involving the Pleasantville school district. The latest ruling in Jerkins v. Anderson and the Pleasantville Board of Education might be interpreted to suggest that in some specific circumstances school districts might be responsible to supervise students after school hours and off of school property.

The case involves a 9-year old boy who became a quadriplegic after he was struck by a car while playing near a curb and ran into a road several hours after the official school day ended with an early dismissal in June 2001. The child’s family members, who typically walked the boy home from school, claimed they did not know about the early dismissal.

The decision is a procedural aspect of the Pleasantville case, while the final outcome will likely be made months or years from now. 

In the meantime, boards could take the following steps:

• Have your board attorney and high level staff read the case to determine if a similar situation could arise in your district, and how it could be prevented. 
  
  
• Review your district policy on pupil safety with reference to dismissal and early dismissal (NJSBA Policy No. 5142). 
  
  
• Check the policies given to parents in student handbooks, hand outs, and on your district Web site to be sure that they match your district policy and are updated with current practices regarding dismissal. 
  
  
• Create and retain signed records of parents receiving copies of the handbooks. 
  
  
• Review existing policies regarding your district’s communication with parents.  

Boards also might want to consider creating an ad hoc committee made up of some residents to improve safety. The temporary committee could review district policies on dismissal and offer recommendations to the school board about possible ways to improve safety. It also could review any incidents involving students being injured or lost and determine if different protocols could have avoided the problems. 

NJSBA is keeping a close watch on this case. If the final outcome requires a change to the suggested text of its Pupil Safety Policy No. 5142, it will be posted online for members to review and it will be updated in the Association’s Critical Policy Reference Manual. 

The appellate court found a duty on the part of the district to exercise care, but it also was remanded to the trial court to determine the exact nature of the duty and whether negligence was involved. Lawyers who are familiar with the case said it is “fact-sensitive.” The case may go through further appeals after the trial court and the jury render a verdict.