E-Alerts
Independent Schools, Summer Programs And Summer Projects: The Heat Is On!
[April 21, 2014] With the polar vortex (almost) a fading memory, our thoughts turn to the end of the school year and summertime! Yes, the children are almost done with their academic year, but independent school administrators know that springtime is when summer program policies and guidelines should be finalized, and that summer is the time to hunker down and tackle compliance projects in time for the next school year. We offer some reminders and guidance as independent schools say good bye to winter (even though we had an unfortunate dusting of snow in New England last week!).
Summer Programs
We often find that summer programs are the “neglected step-children” of our independent schools. Even though the same risk management principles apply as during the school year, there is frequently too little time (and sparse resources) to ensure that summer programs are in compliance with applicable laws and best practices. However, the school’s liability risks can be as significant (or more so) over the summer, depending upon whether the program offers swimming, white river rafting, overnights, equestrian activities, etc.
A threshold issue concerns the corporate structure of the summer program: is it separately incorporated? Is it part of the school? Is it a “camp” under applicable regulations? The answers to these questions will dictate the school’s legal obligations with respect to the summer programs.
If your independent school offers a summer program or camp, you may have already provided interested campers and families with registration and application forms—if not, or if too late for this year, it is worth reviewing these forms to make sure they are legally compliant and consistent with best practices. Are you asking about race and ethnicity? Does your application require a photograph? Do you inquire about a camper’s disability? If your summer program is a 501(c)(3) tax exempt organization (or an extension of your school), asking such questions on an application may run afoul of Internal Revenue Service regulations or the Americans with Disabilities Act. We recommend a review of the application packet to ensure that it does not (even inadvertently) violate the law.
We also recommend that summer handbooks for campers, parents, employees and volunteers be reviewed on an annual basis and updated accordingly. In Massachusetts, for example, the new fingerprint-check law may impact how independent schools screen camp employees, volunteers and contractors. Summer handbooks may be “pared down” versions of the handbooks that schools provide to students, parents and employees during the school year, but these summer handbooks should still reflect current law and best practices, which evolve from year to year.
Now is the time to ensure that summer permission and release forms are carefully drafted to protect an independent school’s summer program and staff. From participation in athletics and extreme sports, to travel for competition with other camps, field trips and/or overnight camping trips, permission and release forms should include assumption of risk, release and indemnification language to assist schools in managing the inevitable risks that occur with large groups of recreating youth.
Finally, educating summer camp employees and volunteers is an essential risk management tool, especially as many camp workers may only be a few years older than the campers themselves. With a generally less-experienced and more youthful workforce, independent schools should ensure that camp staff are educated with respect to boundary issues, bullying, cyber-bullying, sexting and more.
Summer Projects
Our #1 summer project for independent schools is the revision of the student and parent handbook, though we strongly recommend that independent schools review and update all handbooks during this break from the academic year: employee, athletic, residential, faculty, employee, volunteer and homestay handbooks (just to name a few) to ensure legal compliance and adherence to best practices.
Now is also a great time to consider tackling other compliance projects affecting students and staff that may have been on the back burner during the school year, such as: policies and protocols concerning the health center, homestays, school trips, background checks and leaves of absence (for family, medical, military, pregnancy and bereavement reasons).
