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1994 Arizona Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagaz0018 and id is 1 raw text is: 602 542 1275 NOV-09-95 THU 03:51 PM AZ ATTONEY GENERAL GRANT WOODS ATToRNEY GENERAL FAX NO. 602 542 1275 STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL 1275 WEST WASHINGTON, PHoENIX 85007-2926 P. 02 January 10, 1994 Paula N. Wilk Chief Civil Deputy County Attorney Office of the Cochise County Attorney P.O. Drawer CA Bisbee, Arizona 85603 Re: I B-e (R93-014) Dear Ms. Wilk: We have reviewed your November 1, 1993 letter to Dr. Jon Lokensgard, Superintendent of the Sierra Vista Unified School District No. 68, regarding liability for students traveling between home and school. We concur with your conclusion that a school district has no absolute liability for injuries incurred by students between the time they leave their domicile in the morning and before boarding a school bus or arriving on school premises, and between the time they leave the school bus or school premises at the end of the school day and before they arrive home. We concur with your general conclusion that the school district has no blanket portal-to-portal liability during such periods, but caution that the absence of absolute liability does not preclude liability in all situations. As you note in your November 1, 1993 letter, circumstances may arise that create a relationship that could establish a duty for the school district..!/ If the school district is found to have 1. Because the circumstances that may give rise to a duty are varied and fact specific, school districts should consult their legal advisors regarding whether any particular set of circumstances may spawn liability. Among the factors to consider in determining whether an activity may subject it to liability, the district should examine whether a school knows or has reason to know that supervised school activities may subject students to harm after the students leave the school premises or the school-sponsored activity. See Bishop v. State, 172 Ariz. 472, 837 P.2d 1207 (App. 1992). MAIN PHONE: 542-502! TELECOPIER : S42-4085

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