California Education Code Section 35330

[OnionPatch]

My daughter is going on a field trip to a zoo with her class. I was ready to sign the permission slip when I read this:

"I understand that I hold the __________School District, its officers, agents and employees harmless from any and all liability or claims, which may arise out of or in connection with my child's participation in this activity."

This sounds to me like if a teacher or aide, for example, forgets my child in a bathroom and she is kidnapped or harmed, or if a teacher isn't watching my child and she climbs in with the tigers and lions, the school cannot be blamed? Am I supposed to let my child go off with people who have no liability for anything that happens? This just sounds unbelievable to me and I don't think I'm going to sign the slip. My poor kid will be the only one who isn't going. But how can I let her go with a bunch of semi-strangers who aren't even held responsible if something happens?

Am I misunderstanding something here? I was hoping someone in education could give me some insight on this or understanding that perhaps I'm missing here.

Thanks.

[teach1st]

1. There is no disclaimer like that on...

There is no disclaimer like that on my district's field trip permission forms. I have been told that blanket disclaimers of responsibility such as that melt under the heat of a good attorney, but I'm not attorney.

I agree that you should be cautious. Have you called the district and asked for clarification?

[OnionPatch]

2. I'm going to talk to someone at the school today.

Probably what will happen is I'll end up going on the trip, too. I mean if no one is going to be responsible for my child, I'll have to go. Unless I want her to feel left out.

[demmiblue]

3. Standard form, I would guess.

The school system always has to cover themselves for liability reasons. I.e. you never know what can happen, even with the most vigilant over site. Most teachers are hyper aware in these situations, but things happen.

I remember when my child was little... I had the same misgivings! SCARY, to say the least. My advice would be to offer to be a chaperon on the field trip, if you are able. If you can't, is there another parent who is chaperoning that you can trust? If so, explain to the teacher your misgivings and ask for your child to be placed in her/his care while at the zoo.

However, if you are not comfortable with the situation at all, you should follow your own intuition. It may be momentarily hard for your child, but you can always offer to take him/her on a different day (with a group of friends would be even better!).

Best wishes... I know you are between a rock and a hard place!

:hug:

[OnionPatch]

4. Thanks, I will probably go with them.

But I was just amazed that they would ever expect a parent to leave their child with someone who will accept no responsibility. Just blows my mind.

[Frances]

5. I am an overly responsible person

but accidents do happen. And some parents use the accidents as an excuse to enrich themselves. I expect that is why the form reads the way it does. It probably wouldn't hold up in court if there was negligence, though.

If I were you, I would go on the field trip just so you can see that the teacher is a responsible person.

When my daughter was in second grade, I went on a field trip to the Air and Space Museum in Washington DC. I thought I would be responsible for my daughter and some of her friends. Wrong. I was responsible for five very active boys. We all got home safely, but I was exhausted!

[OnionPatch]

6. Well, her teacher I do trust.

But I don't know how she can keep her eyes on the whole class, even if she has some help. And I don't know the other teachers and aides. I just didn't think it was too much to ask that someone be responsible for what happens. :shrug:

[demmiblue]

7. I totally understand! That is your call.

However, I also understand how the school system would be covering their own arse. The only one who is truly responsible on a trip like this is the teacher (and, by proxy, the school system). It would be a very difficult task for the teacher to monitor 30 students in this type of setting. Which is a great reason for responsible parents, like yourself, to volunteer to help out. I guess it is a,"damned if you do, damned if you don't," kind of situation.

LOL... you are now the 'cool' parent! Kids, at a certain age, love their parents to volunteer. It is also a great way to get to know your child's classmates (invaluable).

Take care! :bounce:

[OnionPatch]

9. Well, maybe cool with the kids, but

maybe not so much with my boss since I'll be missing work that day. :(

But he just had his first child, so maybe he'll start to understand soon.

[goddess40]

8. our district used to have a similar statement

I just used to write no on it. It's now gone because it makes the district look terrible and it would never hold up in court.

[LWolf]

10. Go with them. It will relieve your worries.

Policies vary from state to state and district to district. In my experience, those policies are directly related to the number of people who have sued the district. In a former state and district, we didn't have a disclaimer like that, but we did have a policy that said every child had to ride the school bus to the location, and had to ride the school bus back to school from the location. Parents could not drive their children, could not pick them up from the location.

All stemming, I'm told, from lawsuits. Apparently, parents who transport their kids to or from a field trip and are involved in a traffic accident can sue the school district because it happened during a school-sponsored activity.

My current district has no disclaimer; parents can transport, and, with parent permission, can transport other people's kids, too. The only policy is that any parent going on a field trip (or volunteering, observing, or going anywhere on school grounds outside the office) fill out paperwork and get an approved security clearance.

One of my parents was going to go to outdoor science school with us, but he failed the security check. It seems he's been convicted in the past for selling meth.

Edited to add:

I've made many field trips to the zoo with young students. I made one trip, some 15 years ago, to the Los Angeles Zoo with 4 other classes, teachers, and parents. 5 classes of K-3rd graders. It was my student who threw a temper tantrum because she wanted to see the lions instead of the alligators, kicked another teacher in the shin, and crawled into the bushes next to an exhibit, refusing to come out. I had to get another teacher to take custody of the rest of my students and climb in after her to haul her out. She was biting and kicking the whole way. Her parents might have taken legal action for my dragging her out and restraining her to keep her from biting or kicking any further, but I took the chance. I figured that was better than having her go over the fence into the exhibit (kangaroos, if I recall) just to make her point about getting her own way.

Her parents, quite familiar with tantrums on her part, were grateful.