Can a school be held liable if something happens to my son?

Question

My son is 11 years old (12 in Dec.) and I have a child care provider that he goes to along with my 8 yr. old and my 22 month old. I just called the school to arrange bussing for him to get to school, just like I did last year. He goes to the middle school this year and they told me that they do not pick up kids from babysitters locations anymore, that they stop that after 5th grade. I was told that they can only pick him up and drop him off at our home address, or someone has to bring him to school. I understand stopping this in high school, but now? There is a bus that picks up kids for his school just down the street from the sitter. I am gone from 6:30 am until 5:45 pm for work and the sitter can not drive him there. They are basically forcing me to have him stay home alone. How can they do this?? If I decide to see how he does being on his own after school for 2.5 hours, can the school be held liable for not offering transportation again this year if something happens to him?

Why is everyone so harsh? I live in a small town and the daycares are outragously expensive, plus they won't take my youngest until he's out of diapers and there aren't many in-home providers that can transport kids to several different schools. Easy for you all to say quit your job...I have a great job, that pays well and I love it. My husband is over the road, so that limits my options. I know they are not "forcing" me to leave him home alone, but I just wasn't aware of this policy and now I'll be scrambling for an altenative since they just started at this new sitter.

And 1 more thing, the reason I am so frustrated by this is the fact that there is a bus that picks up and drops off for his school just a few houses from the sitter. It just seems unfair that they won't allow him to ride a bus that is going to be right there anyway.

Answer 1

I feel your pain somewhat. Daycare is ridiculously expensive, especially for younger children. Three kids would cost a ton. The school could not be held liable for your son being home by himself. Is there anyway your provider could pick your children up and drop him off at school? This may work.
My parents allowed my sister and myself to sit home when we were 12 and 8. We never got into any trouble and knew our neighbors well enough to go to them if we had a problem, maybe this would work for you as well. You could leave your 2 year old with the sitter and have to the other 2 stay at home. Don't know if this helps. But good luck.

Answer 2

The correct answer to your question will depend upon the state in which you live. Each state has its own rules and regulations concerning busing. In those states where there is only a requirement to offer the service, then the seperate districts set their own rules and regulations. Liability starts with the parent and the responible manner in which they then abide by those rules and regulations.

If your son is not going to be picked up at the child care house because of a rule or regulation established by the local district that is not in compliance with state regulations then it becomes the responsibility of the parent to make sure the district modifies the rules and regulations. It does not releave the parent of the responibility to take reasonable care by assuring that their child is safe between the house and the bus stop prior to getting on the bus.

Once your child is on the bus then the school district is responsible for the safety of your child.

In the afternoon when your son is dropped of by the school bus it is the responsibility of the parent to make sure that proper supervision is provided once he is off the bus.

It sounds like you are a single parent and are doing the best to provide for your children. I do understand your problem. I would investigate to see if the school district provides supervised after school activity programs for these kinds of scheduling problems. You may be surprised that many schools do have these programs. Then all you would have to do is pick him up at the program facility.

Best wishes you are not alone.

Answer 3

To answer your basic question, "Can a school be held liable if something happens to my son?" The answer is, YES, generally, and usually with some (or many) restrictions and almost always a cap in damages, like $50K.

However, given your fact example, I would be hard pressed to say that a school would be liable if something were to happen to your child just because they would only pick him up from your home. The bottom line is, as long as you son is under your sole control and protection (while he is in your home), you are solely responsible for him. If you think something may happen to him if he stays home alone for a few hours, you need to make alternate plans to make sure that nothing happens. The school has no absolute responsibility to pick him up at all, or even give him an education. You have to take some responsibility to make sure that he gets to school.

Good luck!

Answer 4

Unfortunately there isn't any law that I know of that says a school has to transport a child to and from school, just that your child has to attend school one way or the other.

I would go before the school board and state your arguement with them and try to make some kind of arrangement with them since the bus stops just down the road from the sitter's place.

They aren't completely heartless people, there are always exceptions, they just try to keep them to a minimum, which is understandable.

Good Luck.

Answer 5

by 12 years old he should be able to stay home alone for what 3 or 4 total hours a day? It seems strange that they cant pick him up from a location you choose, they did that when I was in school even in high school

Answer 6

If the school doesn't pick him up, you have to do it. The only place that can be held liable is the place he is in at the time.

You must go away from work and tend to your son. You cannot leave him alone. This is illegal and irresponsible. If you have to get another job for the sake of your son, that is your duty.

Answer 7

Lets face it the school system is doing their best to accommodate you, if you aren't able to care for your children why do you have them. You sound like you expect services, to be rendered to at your own personal schedule, well it does not work that way. Why don't you blame your employer for the problem , or better yet ask him to alter your schedule so you may be responsible for your child.

Answer 8

You were lucky that they picked him up before,but don't expect to hold someone else responsible if something were to happen to him, because you can't arrange suitable transport , and decide to leave him alone for 2.5 hours.

Answer 9

it's YOUR child & your responsibility.
they DON"T have to provide any extra care outside school. They AREN'T forcing you to do anything.
Instead of scamming ways to sue the school, use that time t look for other options. Many of us were latch-key kids & did just fine for a few hours.
parenthood is tough - get used to it.

Answer 10

Why is it always someone elses responsibility, or someone elses fault? They're your kids, your responsibility, stop looking to sue somebody because you can't handle the situation you put yourself in.