N.J. Model Civil Jury Charge 5.74

5.74 DUTY OF TEACHERS AND SCHOOL PERSONNEL TO

STUDENT (Approved 9/80)

School personnel owe a duty to exercise reasonable care for the safety of

students entrusted to them. This duty extends to supervisory care required for

the student’s safety or well-being as well as to reasonable care for the student at

school-sponsored activities in which the student participates.

The standard of care is that degr ee of care which a person of ordinary

prudence, charged with comparable duties, would exercise under the

circumstances.1

The duty may be violated not only by the commission of acts but also in

the neglect or failure to act.

The theory behind the duty is that the relationship between the child and

school authorities is not a voluntary one but is compelled by law. The child

must attend school and is subject to school rules and discipline. In turn, the

school authorities are obligated to take reasonable precautions for his/her safety

and well-being.2

1 Caltavutro v. Passaic, 124 N.J. Super. 361 at 366 (App. Div. 1973).

2 Jackson v. Hankinson & Bd. of Ed. of Shrewsbury, 51 N.J. 230 (1968).

The school personnel are accountable fo r injuries resulting from failure to

discharge that duty.

A teacher owes his/her pupils the dut y of supervision and will be liable

for injuries caused by failure to discharge that duty with reasonable care.

3

3 Titus v. Lindberg, 49 N.J. 66 (1967).