A popular topic is a teacher’s duty for student safety, and supervision during playground and/or passing periods. Nevada Revised Statute 391.270 provides as follows, “[e]very teacher in the public schools shall hold pupils to a strict account of their conduct on and in close proximity to the school grounds, on the play ground, and during intermission.” This statute makes it clear that teachers have a duty to supervise students at all times, not just while in the classroom.

In the elementary school setting, playground duty is usually on a rotation basis and normally the responsibility is divided amongst several teachers so that there is never an issue that the playground is not supervised. Certainly, the school district faces liability issues when the playground is not “adequately” supervised and a student is harmed. There is nothing to prevent the teacher from being named in such an action. In the secondary setting, the issue arises during passing periods. For the most part, teachers are required to stand outside their doorway to supervise students. This is an appropriate directive, and like elementary teachers, teachers can face liability for their actions or inactions.

Teachers most often ask what actions they need to take. Teachers need to do what a reasonable person would do at that time. For example, two first graders are fighting on the playground, teacher should separate the two. Two junior boys, tall and husky are fighting, wrestling heatedly; the teacher is short and petite. Teacher should protect other students by having them disperse, yell at students to stop, call for help. A teacher is not required to take a beating or be harmed. Remember that some action should be taken, i.e. calling someone else for assistance, advising students to separate, controlling the crowd, etc. The action or inactions will depend on the situation.

NRS 391.271 does provide that the school district must provide for the legal defense of employees when charged with certain crimes committed within the employee’s course and scope of employment as a result of attempting to maintain a safe or peaceful school environment. Under Chapter 41 of the Nevada Revised Statutes, the school district would also have to defend against any civil action which arose out of the course and scope of the teacher’s employment. However, if the school district can show that the actions are either wanton, malicious, or outside the course and scope of employment, the school district would not be required to defend any action. An example of actions that would not be in the course and scope of employment would be any sexual actions.

Furthermore, federal law limits the liability of teachers. 20 USCS § 6736 provides that no teacher in a school may be held liable for harm caused by an act or omission of the teacher. In order to be protected by this statute, the teacher had to be acting within the course and scope, and their actions had to be in furtherance of controlling, disciplining, expelling, or suspending a student or to maintain control of the classroom or school. There are exceptions to this rule. If the teacher’s actions are willful, criminal, grossly negligent, etc., the limitation on the liability does not apply.

Student supervision is an essential part of a teacher’s duty. It is imperative that students are supervised at all times. If you are assigned a specific time and/or area to supervise, ensure that you notify someone or obtain coverage if you have to use the restroom or attend to a matter you judge more urgent. If a student gets hurt, the questioning will begin, “where were you and why weren’t you where you were supposed to be.” And even though, no criminal or civil actions may be filed against you, the school district will definitely take disciplinary action.