Tour Liability Issues
Date: April 26, 2009
Our Public School District Board (Minnesota, US) is taking a close look at extended trips, one of which is music tours. They are concerned about the increased liability incurred with extended trips, especially in light of recent events over the past year or so. There are school districts that have been named in lawsuits resulting in accidents which occurred on tour. They aren't necessarily eliminating tours, but that very well could be the diretion they are heading.
My question to you is this: Has your district/organization taken a look at this issue, what decision have they come to, and how did they arrive at that decision? PLEASE NOTE: I am not looking for rationalizations on why tour is important or statements on school buses going to the neighboring town are just as much a risk than extended trips. I am already aware of the importance of tours and of general liability of school districts. In this case, the school district is looking at eliminating as much risk as possible, and extended trips (language trips, baseball trips to spring training camp, humanities trips, music tours, etc.) are under scrutiny.
Here are some specific points our admin have brought up to help frame this discussion:
- The music directors volunteer to take this trip. It is school board approved, but the job respoinsibilities of tour lie outside our contract. The question they have asked their lawyers (and are waiting to hear back) is whether or not we are personally liable for events and decisions on tour, or are we 100% covered by union/district liability insurance?
- Are tours an absolut necessity for the success of the program. We have not tied tours into our curriculum, so obviously the answer from a totally objective standpoint is "no," we can experience educational success without traveling a few thousand miles every other year. Is the program enhanced and enriched by tours, yes. But is that enrichment worth the increased liability, and most importantly, is it worth the possibility of losing a life (which happened in the recent past in Minnesota on a tour).
- Can we get some of the experiences gained on tour through other means closer in proximity? Of course our answere is no, but they aren't as quantifiable as legal eagles would prefer. We could sing in some very nice spaces around Minnesota, and be back in one day. But the history of another area, the commraderie, etc. cannot be replicated when traveling in close proximity to our home. (It should be noted that we live in a fairly affluent district where many students have traveled internationally, and most have traveled nationally outside of music tours. We also travel nationally, and have never gone abroad.)
The district is not at this point eliminating extended trips, but is looking at risk vs. benefit. Yes, they are looking at the fiscal cost of possible tragedy, but they are equally weighing emotional, social, etc. costs as well. I work in a very supportive district that likes to look at everything we do, and make the absolute best decisions for kids. While this is sometiems at the detriment of offering kids every possible opportunity, they do want what is best for kids. They are not "tuck tail and run" type of people, just careful.
I'm looking forward to your responses!
Garrett Lathe
Sartell High School Choirs
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