Understanding School Supervision: Responsibilities When Students Leave Campus without Permission

by Dr.Melinda Bossenmeyer, The Recess Doctor

One such incident involved a group of four primary-grade students who wandered off a school campus during recess. Despite the school noticing their absence shortly after recess, the students remained unaccounted for for a concerning 45 minutes, as reported by a news outlet. This incident underscores the need for robust supervision protocols, especially during unstructured times such as recess.

It’s not uncommon for schools to face challenges related to students leaving campus without authorization. In some cases, the absence of adequate fencing or physical barriers can facilitate unauthorized exits, as evidenced by reports of incidents where students took advantage of gaps in school security measures.

Furthermore, anecdotal evidence suggests that some students may repeatedly attempt to leave campus without permission. One instance was described by my adult daughter who saw an elementary student (with a backpack) walking near a busy street and he would duck down and hide when cars passed by. She called me for advice. “What should I do”, she asked. I’m afraid he might get hit by a car or picked up by a stranger.” It was in the middle of the morning and clearly the child belonged in school. I suggested she drive to the local elementary school and see if they were missing a student. As it turned out they were looking for him. In frustration, they reported he repeatedly left the school premises disrupting the general operation of the school and classroom while everything stopped to search for the missing student. Such situations highlight the need for proactive measures to address underlying issues contributing to students’ desire to leave campus unsupervised.

In terms of legal responsibility, schools typically bear the primary responsibility for supervising students while they are on campus. However, there are exceptions to this rule, particularly in cases where schools can demonstrate that they took reasonable precautions to prevent unauthorized departures and promptly respond to such incidents.

In the case of the child who frequently left campus without permission, it’s essential to consider the actions taken by the school in response to the recurring behavior. If parents were notified and disciplinary measures were implemented, the school may have fulfilled its duty of care to the student, thereby mitigating its legal liability to some extent.

State Education Code varies by state. As an example, California Education Code 44808 states “that: notwithstanding any other provision of this code, no school district, city or county board of education, county superintendent of schools, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property unless such district, board, or person has undertaken to provide transportation for such pupil to and from the school premises, has otherwise specifically assumed such responsibility. Or liability or has failed to exercise reasonable care under the circumstances. “ This code is typically cited when referring to students who walk to and from school. In California, schools may discipline students for their behavior on the way to school (like bullying or fighting) but the school is not liable instead, parents are responsible for getting students to school safely.

The exception in the courts was a case called Hoyem v. Manhattan Beach City School District, the court decided that when “school authorities” negligent supervision of students on school premises, a pupil leaves the school grounds during school hours and is subsequently injured by a motorist,” the school is liable. The negligence arises from allowing the child to leave without permission.

Moving forward, principals and school administrators must prioritize student safety and implement comprehensive supervision strategies to prevent unauthorized departures from school premises. This may involve:

Enhancing Physical Security: Installing adequate fencing and other barriers to restrict unauthorized access to school grounds.

Improving Supervision Protocols: Implementing clear guidelines for staff members responsible for supervising students during school hours, particularly during unstructured times such as recess.

Educating Students: Educating students about the importance of staying within designated areas on campus and seeking permission before leaving school grounds.

Engaging Parents: Collaborating with parents to address underlying issues contributing to students’ desire to leave campus without permission and implementing appropriate interventions to support students’ well-being.

By addressing these key areas, schools can create a safer student environment and minimize the risk of unauthorized departures from campus. Additionally, proactive communication and collaboration between school staff, parents, and the broader community are essential for effectively addressing incidents involving students leaving campus without permission. Together, we can work towards ensuring the safety and security of all students within the school environment.

Melinda Bossenmeyer, Ed.D. is an expert witness for school supervision, playground injury cases, physical education, and coaching cases related to supervision.