By: Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education, Foundation for Educational Administration, sjacques@njpsa.org
As the school year progresses, at some point (if it has not happened already…), your District will be sending a group of students to somewhere off campus. Whether it is a traveling sports team, a band trip to competitions, a traditional local field trip, a trip to Europe, an excursion to NYC or Philadelphia, or the Senior Class Trip, there are legal protocols that must be adhered to for the safety of the students and chaperones, as well as the protection of the District from liability or litigation.
As with anything in a school district, there are a myriad of issues to consider when planning a school trip… The key to success is proper planning and preparation. Has your District addressed the need for:
- Professional Development for Staff/Volunteers? Do the non-district chaperones understand their reporting obligations regarding HIB and appropriate volunteer interaction with students, or student privacy issues (such as not posting pictures of students other than their own children on social media) under FERPA? What are the laws in the countries or states that the group is traveling to? Has the bus staff been properly trained? (See J.A.C. 6A:27-11.3)
- A sufficient number of Chaperones for the trip? You should note that for sports teams, bands, or other school activities, the Team Captain, President of the Club or Drum Major cannot be considered a chaperone, even if they have reached the age of 18.
- Clear Delineation of Roles for Staff v. Parent Chaperones? Do the parents know who to report to for a medical issue, an out of control or missing student, or to report a potential HIB? Is it possible to have at least one regular staff member riding on each vehicle? If a student must be taken to a hospital, have you determined which staff member will stay behind with the student?
- Clear Protocols? Does everyone understand what your District requires when it takes students on trips? Where are the drop off / pick up points, and at what time? Does everyone understand reporting obligations, safety requirements, overnight rules for students, or keeping in contact with others on the trip? Has the District provided walkie-talkies or prepaid single-use phones so that the chaperones can keep in touch with the staff on the trip, as well as their student charges without utilizing their personal cell phones for calls and texts?
- A Plan for Students Suspected of Being Under the Influence: How would a student that is suspected of being under the influence of alcohol/drugs be referred for a medical examination? The requirements in N.J.S.A. 18A:40A-12 still apply during all field trips. For example, if any staff member suspects that a student may be under the influence of alcohol or other substances, the suspicion must be immediately reported to the school nurse or school physician or student assistance coordinator AND to the school principal or principal’s designee and the principal or designee must arrange for an immediate medical examination for the student. In addition, a staff member is expected to stay with the student until such time as a parent or guardian is present. The medical examination must be conducted by a properly qualified doctor (MD or DO). Assuming that school district policy requires drug testing, the district needs to take steps to ensure that drug testing is included in the medical examination. All of this can become more complicated during a field trip, and could foreseeably result in one less staff member available to oversee the other students on the trip.
- A Plan for Student Searches? Is there an administrator on the trip who is properly trainer on when and how to conduct student searches? If not, what protocols are in place to ensure advance consultation with an administrator prior to conducting searches, and training to ensure that such searches are properly conducted and only done when there is reasonable suspicion to justify the searches.
- Proper Notice to Parents and Students Regarding the Trip Rules? How do you know if a parent/guardian received the email, mail or information sent home with the students?
- Signing of appropriate permission slips, waivers or other documentation. How are these items collected? Is there money involved? What will you do if a student does not make the full payment for the trip prior to the group leaving? How will the district handle a student that shows up to school, expecting to go on the field trip, but the district has not received a signed Permission Slip?
Traveling Nurses
As stated in the NJDOE March 26, 2025 Broadcast Memo – “When an individual student requires health services during a field trip or school-sponsored event, failure to provide those services may constitute a violation of the student’s rights under Section 504 of the Rehabilitation Act. Decisions regarding how to meet student health needs should be made collaboratively, involving the student’s parents or guardians, healthcare professionals, including the school nurse, and school administrators.” The district should check to see if any of the traveling students have a 504 / Health Plan that outlines any medical needs the student must be provided.
The NJDOE March 2025 Memo also notes that “for field trips that take students out of state, school nurses should review the Nurse Licensure Compact (NLC) to determine whether their New Jersey licensure permits them to provide health services in the destination state (and in states that the students may be traveling through along the way). Districts should ensure compliance with all applicable licensure requirements and, if necessary, make alternative arrangements for student health services in advance of the trip.”
The NLC Provides specific authorization to practice nursing in states included in the compact. An application must be filed to receive a multi-state license. See: New Jersey Board of Nursing Information on Applying for NJ Multi-State License and National Information – Compact Nursing States List 2024 | Licensure Map (nurse.org). In those states not participating in the Compact, or for those who do not have this license, the District needs to determine that State’s requirements for school nurse. For trips outside of the country, the district must continue to implement New Jersey requirements for student care, and may not permit lower standard (e.g., lower drinking age in other countries).
Where will medication be stored? See N.J.A.C. 6A:16-2.1. How will the medication be dispensed? Will the student self-administer the medication, or does a nurse and/or designee have to take care of administering the medication? See N.J.S.A. 18A:10-12.5 and 12.6, and N.J.S.A. 18A:40-12.3.
Overnight Accommodation and Facility Use Issues
Aside from budgetary limitations, how do you determine the number of students in an overnight room? How are students in multiple rooms going to be supervised? What are the consequences for “bad behavior” such as sneaking out, leaving a mess in the room upon check-out, consuming alcohol and/or drugs (including vapes), or any other Code of Conduct violations?
Addressing Gender Identity
One of the primary issues when dealing with overnight trips is determining which students will be roommates. Do the students get to choose themselves, or are they assigned to rooms? What about transgender students? Has your District reviewed NJDOE’s 2018 Guidance and Resources Regarding Transgender Students? Who knows that the student is Transgender, and how do you protect their right to privacy while still honoring their rights under the New Jersey Law Against Discrimination (NJLAD) and School District Policy? How would you address whether a Transgender student would voluntarily have a room to themselves, when everyone has a roommate?
NJLAD requires that districts not engage in disparate treatment of students because of the student’s gender identity. But planning for foreseeable issues that may arise is still critical. Thus, a district policy requiring that a transgender or nonbinary student be in a single room without other students would likely violate NJLAD. However, making the student and their parents aware of the option to have a separate room if the student so desires would likely be a reasonable accommodation under NJLAD. In addition, sharing a student’s gender identity with the parents or guardians of another student without permission would likely violate the confidentiality rights of the student. However, in many cases a transgender or nonbinary student may have on their own voluntarily shared that information with others, and may be able to assist the district in identifying a potential roommate where the other student and their parents are already aware of the student’s gender identity and have no objection to the student’s sharing accommodations.
In some cases, more restrictive laws may be in place in other states or countries that require the district to engage in additional planning. For example, some other states’ and countries’ laws (unlike New Jersey) require persons to use restrooms aligned with their sex assigned at birth. Such laws may require transgender or nonbinary students and staff members to use restrooms that are not aligned with their gender identity in order to comply with that state’s laws. Ensuring that affected students, staff members and other chaperones are aware of such laws prior to the trip is critical to ensure that there are no inadvertent violations of the laws of that state or country.
Travel Issues:
Depending on the length/distance of the trip, the district will need to decide whether it will utilize “its own” bus drivers, use airlines or hire a transportation service already at their destination. In reviewing the contracts for services, does it provide for indemnification of the school district if there is an accident during the trip? For trips longer than an hour, has the district considered where there should be rest stops for restroom breaks? Will the vehicle be secured so that people can leave things on the bus during their events/excursions? Have the transportation staff been properly trained? What is your protocol for the airport or train station?
Is the district prepared to handle people that have issues with Motion Sickness? What, if any, medical information will the District share with drivers, such as for Diabetic or Asthmatic Students? See NJDOE January 29 Broadcast Memo. As required by FERPA, is there a “legitimate educational need” for such information to be provided? Are any needed Student Information Card for Transportation of Students with Disabilities and Information Sharing with Bus Driver and Bus Aide prepared?
What are the protocols to be followed for students with disabilities? N.J.A.C. 13:20-50C.15 requires that items such as crutches, walkers, oxygen bottles and ventilators be securely fastened at mounting location able to withstand pulling force up to 5 times the weight of the item OR retained in a closed, latched compartment. The NJDOE February 12, 2025 Broadcast Memo outlines Transportation Considerations for Students with Disabilities. This memo provides practical information, discussion prompts, and best practices to support collaborative planning and ensure transportation arrangements meet the unique needs of students with disabilities.
Should specialized training be provided to those who will transport special needs students? Who is responsible for this training? As per the NJDOE’s Transportation Guidance, additional training in the transportation of special needs students should be provided to all drivers and aides assigned to routes carrying special needs students. Any other school bus drivers who could at any time substitute for a regularly assigned driver on such routes should also receive this additional training. School districts are responsible for ensuring that drivers are properly trained. Even if districts have contracted with a service provider to complete required training, the district is responsible to ensure that the training is properly carried out and contractual training obligations are met.
Conclusion:
While School Trips are an opportunity to provide students with access and exposure to things beyond the classroom, there are many issues that a school district must address before any such trip can occur. Proper precautions and preparation can enhance trips by ensuring that things will run smoothly, and appropriate protocols are in place in the unfortunate event of any problematic issues that may arise.