Bohol Tribune
Opinion

RULE OF LAW

By:  Atty. Gregorio B. Austral, CPA

Who’s Responsible When Kids Get Hurt at School?

Shouldn’t schools be places where our children are safe and protected while they learn? 

This question lies at the heart of a recent Supreme Court case involving Mother Goose Special School System, Inc. and the spouses Samuel and Villa Palaganas. Their son, Rhys, a grade school student at Mother Goose School, was punched multiple times by his classmates during class in 2007. The teacher was not present at the time of the incident. Rhys reported the bullying to one teacher, who ignored it, and another teacher only found out later through a classmate’s report. Shockingly, Rhys’s parents only learned about the incident when the mother of one of the boys who punched Rhys called to apologize. When the Palaganas spouses went to the school to complain and requested an investigation, they felt their concerns were not taken seriously. The school’s eventual investigation contained inaccuracies and downplayed the event as mere “teasing,” with one of the main perpetrators initially facing no disciplinary action. This led the aggrieved parents to file a complaint for damages against the school and others.

Can a school be held accountable for negligence in its handling of a physical altercation among its students?

The Supreme Court ruled that Mother Goose School is liable for breach of its contractual obligation as an educational institution to provide and maintain a safe learning environment for its students. The Court explained that when a school accepts students for enrollment, a contract is established, creating mutual obligations. Part of the school’s obligation is to provide a conducive atmosphere for learning, free from threats to the students’ well-being, and to ensure peace and order within the school premises. 

The Court found that Mother Goose School was grossly negligent in its handling of the punching incident. This negligence was evident in the teachers’ failure to properly respond to Rhys’s initial report, the school’s failure to promptly inform his parents, the delayed and inaccurate investigation, and the downplaying of the severity of the incident. Because the school’s liability stemmed from a contractual obligation, their defense of due diligence in hiring employees (which applies to negligence outside of a contract) was not applicable. As a result, the Supreme Court affirmed the monetary awards for moral damages, exemplary damages, and attorney’s fees in favor of the Palaganas spouses.

This decision carries significant implications for the teaching and learning environment in schools. Schools have a fundamental responsibility to ensure the safety of their students, extending beyond academic instruction. Schools must be proactive in preventing harm and must have clear and effective procedures for addressing incidents when they do occur. This includes training teachers and staff to recognize and respond appropriately to student complaints of harm, conducting thorough and impartial investigations, and maintaining open communication with parents. The ruling serves as a strong reminder that parents entrust their children to schools with the expectation that they will be cared for and protected, and that schools can be held legally accountable for failing to meet this crucial obligation.

(Note: This article is published for informational purposes only and should not be considered legal advice. Consult a lawyer for actual cases related to the issue.)

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