Anonymous wrote:
Anonymous wrote:This is a legitimate question and I truly wish the parents who end up hijacking a thread with mean-spirited comments would take a few breaths before typing and sending. It just makes the discussion uncomfortable for everyone else. I am a lawyer (although not a contracts lawyer) and was dismayed about the changes to the form. It is truly an attempt to exempt the school from all liability, even those actions which were done negligently. Although I cross things out every time I send a trip form back and have not yet been asked about it, as a lawyer, I am supposed to be held to a higher standard as to what I am signing and feigning ignorance would not work. We should get a law firm to look at the form pro bono (for free) and provide guidance on its soundness. I am sure the lawyers who crafted it were only interested in protecting DC public schools.
Ok. Lawyer here. Sorry, it's just so simple. Schools (because they are under the control of gov't municipalities) are
NEVER liable for
ORDINARY NEGLIGENCE.
Public schools are liable for
GROSS NEGLIGENCE. You are not signing away any liability for ordinary negligence--DCPS never had this liability. They are just being overly thorough to avoid frivolous lawsuits.
How could you be a lawyer and not know this very basic concept of contracts law? This is 1L material. No one needs to
hire a firm to study this.
As you've probably noticed since you've revived the old thread--field trips went on as before--the legal world did not stop turning because you didn't sign the forms.
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You sound really proud to have figured out the "simple" answer to enlighten the board (or was it just to make the previous posters feel stupid/uninformed/not lawyerly). Unfortunately, your explanation is just simplistic and misses the nuance of the situation. Finding the nuance is how we big-girl lawyers get the big bucks -- sorry that part really is so simple. Here goes (try to follow) - the truth is that many DCPS field trips are supervised not only by DCPS staff, but also by classroom aides (technically employees of the PTA, not the school system...and, therefore, not under the control of a gov't municipality and not exempted from ordinary negligence). It is certainly plausible that a parent would be uncomfortable signing such forms.