Several superintendents and board members have contacted NJSBA about a recent state appellate court decision 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 could be responsible to supervise students after school hours and away from school property.

The case involves a 9-year-old boy who was struck by a car 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.

Not Binding The Appellate Division found a duty on the part of the district to exercise care. But the case was also remanded to the trial court to determine the exact nature of that duty and whether negligence was involved.

The decision is not precedent-setting or binding. However, other courts may refer to it for guidance when faced with similar cases. The final outcome will likely be made months or years from now. 

Immediate Steps In the meantime, school 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.
  
  
• Ensure that policies given to parents or listed on the district Web site match current district policy and are updated with current practices regarding dismissal.
  
  
• Create and retain signed records of parents who receive copies of student handbooks containing the policy.
  
  
• Review existing policies regarding your district’s communication with parents. 

Boards also might want to consider creating an ad hoc community committee to improve safety. Such a committee could review district policies on dismissal and offer recommendations to the school board about 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.