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Day Care in Schools (page 4)

By James Scott
Educational Resource Information Center (U.S. Department of Education)

What are the Liabilities a School Incurs When it Becomes Involved in a Day Care?

e extent of a school's legal liabilities depends on the extent of the school's involvement. If the school's involvement is limited to providing the facilities for a day care center (for example, classrooms and playgrounds), then the school's responsibility is probably limited to making sure that those facilities are maintained properly. If the school actually runs the day care center, then, of course, the school is responsible for everything that happens there.

A legal manual by Abby J. Cohen, titled SCHOOL-AGE CHILD CARE: A LEGAL MANUAL FOR SCHOOL ADMINISTRATORS, (Wellesley College, 1985) thoroughly discusses the many issues policy-makers and administrators must consider. These matters include liability, special consideration for handicapped children, the question of competition with private day care centers, staffing issues such as training and licensing, and rental and lease options if an outside group operates the center. The manual's appendix includes a model school board policy, sample guidelines for allowing an independent group to operate a center, and a sample lease between the school and an outside group.

Whether the school operates the center or lets an outside group do so, the school should consult with legal counsel before becoming involved in a day care center's operation.

For More Information

Baden, Ruth Kramer, and others. SCHOOL AGE CHILD CARE: AN ACTION MANUAL. Wellesley, Massachusetts: Center for Research on Women, School-Age Child Care Project, Wellesley College, 1982. ED 223 342.

Cohen, Abby J. SCHOOL-AGE CHILD CARE: A LEGAL MANUAL FOR SCHOOL ADMINISTRATORS. Wellesley, Massachusetts: Center for Research on Women, School-Age Child Care Project, Wellesley College, 1985. (ED number not yet assigned.)

Fowler, Dora. A GUIDE TO EFFECTIVE ADMINISTRATION IN DAY CARE. Palatine, Illinois: Associates in Human Development, Inc., 1983. ED 242 440.

Houston, Sandra T., and Ebbie R. Hatton. "Child Care in the 80's: A Brief Report on Public School Involvement." Paper presented at the Southern Association on Children under Six, Lexington, Kentucky, March 6-10, 1984. ED 243 578.

Kotin, Lawrence, and others. LEGAL HANDBOOK FOR DAY CARE CENTERS. Washington, D.C.: Johnson and Associates, Inc., 1981. ED 242 442.

McCurdy, Jack. "Schools Respond to Latchkey Children." SCHOOL ADMINISTRATOR 42 (March 1985): 16-18.

Redleaf, Rhoda, and Mary Jo Olson. SURVIVAL KIT FOR DIRECTORS. St. Paul, Minnesota: Early Childhood Directors' Association, 1983. ED 253 295.

Seligson, Michelle, and others. SCHOOL AGE CHILD CARE: A POLICY REPORT. Wellesley, Massachusetts: Center for Research on Women, School-Age Child Care Project, Wellesley College, 1983. ED 242 433.

Tanguay, Suzanne. DAY CARE AND THE CANADIAN SCHOOL SYSTEM: A CEA SURVEY OF CHILD CARE SERVICES IN SCHOOLS. Toronto: Canadian Education Association, 1983. ED 231 062.

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