Schools' duty to guard kids doesn't end at last period N.J. justices rule in case of boy hit by a car after early dismissal Friday, June 15, 2007 • BY KATE COSCARELLI • Star-Ledger Staff Even after the final bell rings, a school has an obligation to make sure the children in its care are heading home safely, the state Supreme Court ruled yesterday in a unanimous decision that is expected to affect schools across New Jersey. The court found that just as schools are responsible for students' safety during classes, they also must protect them from danger as they are dismissed -- especially young kids like the 9-year-old Pleasantville boy at the center of the case, who was struck by a car after school and paralyzed. "As the school-time trustees of our most cherished and vulnerable citizens, educators have the responsibility to protect the children in their care," wrote Chief Justice James Zazzali. "Because a school's duty to exercise reasonable care for the children in its custody is integral to our public education system, the duty does not summarily disappear when the school bell rings." The high court tempered its ruling, acknowledging that schools' duty to supervise students' safety after classes is limited and their obligation "does not diminish the responsibilities that parents or guardians have to their children." That said, the court also said schools must create age-sensitive dismissal polices, and directed the Department of Education to formulate guidelines. Officials at the department were reviewing the decision yesterday, a spokesman said. Legal experts said the decision has the potential to touch every district in the state. "The court reaffirmed today the strong state interest in protecting children. ... It no doubt will prompt school districts to review their existing policies," said former Justice Peter Verniero. Calling it a reasonable decision, Mike Yaple, a spokesman for the New Jersey School Boards Association, said the ruling also could have a financial impact on some districts that decide to hire additional staff to monitor dismissal. "It's going to create problems for boards and it's going to cost them," said Lawrence Schwartz, an attorney whose firm represents about 100 school boards. The case involves Joseph Jerkins, who was a third-grader at South Main Street elementary school in Pleasantville. The school and district had no bus service and Joseph normally was dropped off and picked up by his older brother, other family member or a baby-sitter. On June 15, 2001, the students were dismissed early, at about 1:30 p.m., and the boy left the school grounds with some of his friends to play. Exactly what Joseph and his friends did is unclear due to the fact that he cannot remember the details. One thing is certain: At 3:50 p.m., Joseph was struck by a car at an intersection several blocks from the school. He suffered severe injuries and is now paralyzed from the neck down. Meanwhile, Joseph's brother, unaware of the early dismissal, showed up at the school at the normal time and could not find the boy. He was told by another parent in the school lobby that there had been an early dismissal. He searched for Joseph but could not find him. He later learned about the car accident, court papers state. The boy's parents claimed they did not know it was a scheduled early-dismissal day. The school said it had informed students and parents of the event on numerous occasions. Joseph's parents, Charles and Toni Jerkins, sued the school district, claiming it had breached its duty of supervision over the boy. A trial court ruled in favor of the school, saying it couldn't be held responsible since the accident happened after school hours and away from the school. A state appeals court reversed that opinion. Meanwhile, the Jerkinses entered into a settlement with the driver of the car, Soweto Anderson. The high court yesterday did not rule on the merits of the case and remanded it to the trial court for further proceedings. It is unclear when those will be held. Pleasantville schools superintendent Clarence Alston declined to comment on the Jerkins matter, but said the school has recently completed a review of its policies -- including on dismissal -- and is awaiting final approval by the board. The Jerkinses' attorney, Scott McClain of Hackensack, called the decision wise and just. "We're obviously pleased. It is tempered by the larger problems that the family is dealing with," he said. Kate Coscarelli may be reached at kcoscarelli@starledger.com or (973) 392-4147. © 2007 The Star-Ledger. Used by NJ.com with permission.