Legal Question in Personal Injury in Pennsylvania
School Yard Supervision Safety Laws
What is the state laws for child supervision/monitoring during outdoor recess/freeplay activities, morning arrival, and afterschool departure at educational institutions in Pennsylvania? Is there a ratio for teacher to student supervision? If a child gets injuried during your monitoring time, what are the laws that an educator needs to know for their protection?
1 Answer from Attorneys
Schoolyard liability
A lawyer with more experience in education law than I have might know about the first part of your question. My background is more in tort law, and on that score: Pennsylvania has a state immunity law which gives public schools quite a bit of protection. Basically, any claim for injury based on negligent SUPERVISION of the kids will get thrown out. If the injury can be charged to a defect in the real estate (a fixture, i.e., part of the building, something permanently attached) then it is possible to have a negligence claim.
NOte that this immunity law only protects government employees. Private and parochial schools are not covered by it.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.