Children are the most vulnerable of us all, and when it comes to parents dropping their children off at school, they put their trust in the school and staff to provide safe environments and take care of their children. School security and children’s safety have been critical topics for American parents over the past decade. When your children have been injured at school, you may face a lot of uncertainties and questions while you’re trying to ensure that your child is physically well and safe. If you have faced these questions, you can contact Schlachman, Belsky, Weiner, & Davey P.A. for compassionate legal counsel in your time of uncertainty.
Case Study: The 4th Grader Incident
The most recent case that is gaining attention from social media is about a student in Maryland who was almost fatally injured at school. A second grader and a fourth grader were in the bathroom, and allegedly, the second grader’s jacket was accidentally caught on a hook about five feet off the ground. When the coat was caught on the hook and the other student couldn’t get the second grader down, they ran for help. That’s when the principal found the student being choked by his own jacket. He was rushed to the hospital and sustained serious injuries.
This incident is under a severe and thorough investigation; not much information has been released yet. The school is suffering significant backlash due to their statement that they blame the injuries on the boys for “horse playing” in the bathroom. The parents demand transparency and a full investigation because they want to know why a fourth grader and a second grader were left unsupervised alone in a bathroom.
While the stories are being released and an investigation is underway, this highlights how quickly children become victims of negligent security measures in their schools. These parents have a right to pursue justice for their children now; it’s all about uncovering the truth about what really happened and holding the negligent party accountable.
Unpacking Negligent Security in Schools: Understanding Legal Responsibility
Negligent security in schools that leads to a child being put in harm's way can come with many facets and caveats. This problematic situation is particularly tricky because liability is based on the specific unique circumstances surrounding the incident that caused the harm. Depending on the situation, liability changes, and the type of school your child attends, when and how you file a lawsuit changes. Anyone can be held liable for personal injuries to a child, and our legal team strives to give children a voice that is heard and their families justice.
Legal Responsibility and Safety Standards
Schools are bustling communities, and families are growing ever more concerned about their children's health and safety while attending school. However, schools and the organizations that your children attend take on the legal responsibility of the parents. “Loco parentis” is the phrase meaning “in place of the parents.” Basically, while the children are in the care of their schools or organizations, the school has a duty to care for the children’s needs, such as food, shelter, transportation, medication, and of course, safety.
School safety standards have been under heavy scrutiny in the past few years. While no universal standards exist, some tenets can always be referenced to evaluate the school’s standards and preparedness.
- Designated Staff: The group of individuals who are responsible for emergency management and effective implementation of security programs, policies, and training
- Reporting Systems: Effective systems that allow the school’s community to share any concerns regarding security and safety
- School Climate: Measuring school climate helps to understand the experience of those on campus and includes the learning conditions that support physical and emotional safety, connection, support, and engagement throughout the entire school system
- Threat Assessment: A dedicated team that is trained in early identification and intervention with at-risk students and staff
- Emergency Operations Plans: An EOP is a document created in collaboration with local government and community partners that details the actions that students, teachers, and staff should take during emergency events
- Exercises and Drills: Conducting exercises that provide a low-risk environment to test the EOP’s that they have outlined
These practices are some safety standards that schools should utilize and implement to keep children safe. There are still so many unanswered questions regarding the second grader fighting for his life in the bathroom that aren’t addressed in these standards. Why was a second grader alone in a bathroom with a fourth grader? Why wasn’t an adult closer in case of an emergency? How long were these students unaccounted for? Is this really “horseplay”? This oversight by the school will need to be answered in court, but parents will listen to every word.
Preventing and Addressing School Negligence
Preventing this negligence by schools to care for our children is all about prevention and intervention. Maintaining a proactive approach to safety and security in schools can create an environment where students can thrive without unnecessary risks.
- Standard of Care: This care ensures that those in charge of our students and children act reasonably and responsibly to prevent injury, provide nourishment, and foster a healthy environment.
- Foreseeability: Schools can be held liable for failing to anticipate potential risks or hazards that harm students while at school and leave them injured or harmed
- Supervision: School negligence cases are plagued by a lack of supervision. Adequate supervision is crucial, especially for younger students, to ensure not only that there is no confusion about what happened but also to ensure proper medical attention is received and establish who is the responsible party.
- Premises Liability: Inadequate safety measures on someone else’s property falls under premises liability. Schools are responsible for ensuring that their buildings and property are safe for anyone on campus, and these negligent measures can lead to injuries and lawsuits.
Schools face unique challenges that are ever-changing and evolving to the present climate and the students and families who make up their community. If your student has been failed by their school, you have a right to address this failing, and if you feel like your voice is not being heard, don’t wait for a tragedy to speak up. With Schlachman, Belsky, Weiner & Davey, we want to give families a voice so that students don’t suffer from a school’s negligence.
Parental Rights and Legal Recourse
Parents have rights and legal options regarding their children’s education. Each state has its own laws and regulations regarding parental rights in education, so it’s vital to understand your state’s procedures.
Some parental rights and resources in schools are:
- The right to protect the child’s privacy
- The right transparency in budgeting and spending for the school
- The right to access any academic information
- The right to review the curriculum and materials
- The right to receive information about IEPs and meetings
- The right to notification of important information, including any violent activity at school
These resources are available to all parents who have children in school. If you utilize them and work proactively with the school, you can build a safer and healthier collaborative environment for your children.
If the school denies a parent any of these resources or fails in its duty to care for parents, it also has the right to seek legal recourse and hold the school accountable. With many channels and avenues, it may be challenging to know where to turn, and that’s why working with an experienced legal team can ensure that your children are supported from their first step in holding the school accountable.
Steps in legal recourse can look like:
- Contacting school administration
- Formal complaint process
- School board appeal and escalation
- Legal action or a lawsuit against the school
Maryland’s Parents Bill of Rights establishes that parents have the fundamental right to direct their child’s upbringing, education, care, and welfare. Staying up to date and empowered in your rights as their parent will ensure that you and your child have a voice regarding their care and safety while at school.
Negligent School Security Lawyers in Maryland
Any parent knows that bruises, scrapes, and tears are a part of the territory when raising children. However, when a child is seriously injured or endangered, it’s important to know what happened and who is responsible.
Negligent security at school can look like a variety of things, but at its core, it’s a school’s lack of ability to keep a child safe. Without appropriate and robust safety measures and supervision, kids can’t focus on what school is all about: learning. As parents who worry for their children, school has become one of the last places parents want to send their children. When a child is injured due to the negligence or misconduct of someone, parents have the right to pursue justice and compensation for their child.
By working with an experienced attorney, you will be able to explore your legal options and potentially more than one claim or lawsuit to ensure that every party who is responsible for harming your child is held liable. At Schlachman, Belsky, Weiner & Davey, we understand that these cases are sensitive and emotional, and our lawyers work hard to protect the victims' right to privacy while still standing up for their rights. Contact us today so we can stand with you to advocate for your family.
