Legal Question in Legal Ethics in Pennsylvania

Re: Teacher's responsibility to report an underage party

The question is really more one of morality than legality.

I don't think that teachers have a general duty to take care of kids OUTSIDE of school activities.

There's a big difference in the law between a duty to be careful in one's own actions, and a duty to protect others from harm. The affirmative duty to act usually is not recognized unless there's a special relationship.

As a law school example, if you're standing on a dock and see a stranger drowning, and there's a floatation device right there, and you could toss it into the water to save the guy with no danger to yourself whatsoever, generally there is no duty to help (assuming you're not a lifeguard, and you didn't do anything to put the guy in that position).

But if you do start to help someone, you must use reasonable care and not abandon the effort.

Anyhow, another problem particular to Pennsylvania is that public school teachers are protected by the state's immunity law, which provides certain exceptions, e.g., driving a car, building defects, but does NOT impose liability for negligent supervision.

In fact, there's a shocking court ruling that a girl in a special school who was repeatedly subject to sexual abuse by classmates, when teachers ignored her complaints and failed to protect her, did not have a basis to sue, not even for violation of civil rights.

So if you're really asking, can these teachers be sued and held liable for not preventing the party, it's doubtful.