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DCPS Field Trip Permission Slips
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LPJackson76
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Has anyone else seen the revised DCPS Permission Slips?? I received one for the first time Friday and have to say that if this is required, my kids won't be allowed to go on field trips this year. It is basically a blanket release form that states if ANYTHING happens on a trip, DCPS and its employees aren't liable. Does anyone else have a problem with this? Here's the specific text that is bothering me:
"I agree to release and not to sue the District of Columbia or any agency, employee, officer, agent, or representative of the District of Columbia in regard to any and all claims, liabilities, suits or expenses (hereafter collectively "claims") including claims caused or alleged to be caused by negligence, for any injury, damage, or other loss to me or my child in any way connected with my child's participation in the activity/field trip listed above. I agree to waive all claims I or my child may have against the District of Columbia or any agency, employee, officer, agent, or representative of the District of Columbia arising out of or in any way relating to the activity/field trip listed above and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit against the District of Columbia or any agency, employee, officer, agent, or representative of the District of Columbia arising out of or in any way relating to the activity/field trip listed above. I agree to discharge, indemnify and hold harmless the District of Columbia; any agency, employee, officer, agent or representative of the District of Columbia; and all sponsors and participating volunteer organizations and their agents, employees and representatives, from all claims, demands, actions or judgments which I, or my heirs, executors, administrators or assigns may have for any and all injuries and damages, known or unknown, caused by or arising out of the activity/field trip listed above. I have carefully read, understand and voluntarily sign this document and acknowledge that it shall be effective and binding upon me, my child and other family members and my heirs, executors, representatives and estate." |
Anonymous
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Holy Crap!!
Remember the story about the DCPS middle schoolers who were strip-searched on a field trip to the DC jail? Their families sued the hell out of everyone involved (and won of course). Students Strip Searched at Prison School-sponsored trips to a Washington, D.C., jail were meant to scare some students with behavior problems, but what happened left parents and officials shocked. [Times art: Teresanne Cossetta] By JOHN BALZ © St. Petersburg Times, published June 7, 2001 WASHINGTON -- It was meant to be a wake-up call. A group of adolescent boys with a history of fighting and mouthing off was sent to tour a city jail to see the grim fates of those who didn't learn to behave. Teachers and guards paraded the 13 middle-schoolers into the cell block, where they watched a strip-search of adult inmates. Then, perhaps to drive home the point, nine boys were ordered to take off their clothes, bend over and cough, just like real prisoners. The image of naked 14-year-olds on a field trip to the inside a grown-up jail is enough to make even the strictest parent cringe. So when news of the strip-search got out a week later, parents, school officials and other officers screamed, first in horror, and then at each other. [ Edited by Admin due to comply with copyright law. ] |
Anonymous
| Allowing a child to be strip searched is not mere negligence, so I doubt this release would have protected DCPS in that instance. |
Anonymous
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I'm not a lawyer but that permission slip would protect DCPS from a strip search and much, much more.
PP: Don't post articles, post the link. The Washington Post holds the copyright. |
Anonymous
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Can parents cross out stuff and submit it, making sure they keep a copy?
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Anonymous
| First, I don't think this waiver would hold up. You can always sue. Second, I doubt a parent actually has the right to waive a child's right to sue. |
Anonymous
| Of course I parent has the right to waive a child's right to sue. We're their legal guardians and agents of their legal rights. |
Anonymous
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"I'm not a lawyer but that permission slip would protect DCPS from a strip search and much, much more."
Ha! I'm not a lawyer, but I stayed in a Holiday Inn Express last night, so . . . |
Anonymous
| I'm just wondering if I'm out of line by essentially taking the stance that I'm not signing this form, which I guess means my kids can't go on trips. |
Anonymous
| re 10:41's point, I agree. A lawyer has told me that such waivers rarely hold up in court. Perhaps some DCUM lawyers can weigh in though! |
Anonymous
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If they don't hold up in court, then what's the point? Scaring parents into thinking they have no legal rights should the school allow their child to be abused?
What a shockingly stupid form. Wonder if Rhee approved this. |
Anonymous
Yes, this is the point. Have you ever read the back of the ticket from your dry cleaner? When you valet park your car? Etc. They are trying to scare you into not suing. But, if there was real negligence and a real injury I doubt the waiver would hold up. |
Anonymous
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We crossed out similar language on a permission slip which covers an entire school year's worth of WEEKLY trips to Fillmore Arts Center located inside Hardy Middle School for this reason. Strangely, no one at our child's school has contacted us to discuss the crossed-out language.
We were uncomfortable sending our child to a different school each week (for 1/2 day), where he is not supervised by his regular elementary school teacher. To us, the language in the permission slip suggested that the elementary school wanted even less accountability than a reasonable person would expect from any caregiver of a young child. Parents need to push back on these ridiculous "standard" forms and demand greater accountability when it comes to the supervision/safety/wellbeing of these young children. After all, would you hire a nanny/babysitter who asked you to sign such a form releasing him/her from all liability regarding your children -- or would you think maybe you could do better? |
Anonymous
| Teacher here - understand that your child is at risk leaving the school building. He or she is also at risk on the playground, but we believe in the value of play much as we believe in exposure through field trips. There is a fine line somewhere between accepting some risk ( or declining your child's participation if you are truly uncomfortable, and the ridiculous form above. Please understand that ridiculous forms like that are created by DCPS central , not individual teachers, schools much less unions. Then again, wasn't there a post article a week ago saying dc leads the nation in lawsuit payouts? Hmmm. |
Anonymous
Okay. You're not a lawyer so this concept will seem esoteric--but you are not waiving anything that is not already waived. A municipality such as the District of Columbia or its agents (DCPS) is only ever liable for GROSS NEGLIGENCE. The courts construe the standards of ordinary negligence based on legal precedent, community standards, blah, blah, blah. Please don't try to over analyze a standard legal document. Don't mean to sound so snarky but there have been a lot of parents yammering about this on our listserv, attacking the principal, imagining some gross conspiracy, it just isn't true. In an effort to be more "transparent", DCPS just scared a lot of concerned non-lawyer parents. If they had left the language out, the liability would be the same. |