Liability waiver on school form

Posted on: Fri, 01/12/2007 - 1:19am
anonymous's picture
Joined: 05/28/2009 - 16:42

I've been reading previous posts on this topic, and just want to see if anyone has had any negative consequences from crossing out wording on a liability waiver that wasn't to your liking.

This is what our school district has on its request for assistance in the administration of medication by school personnel form:
"We understand and acknowledge that school district personnel are under no obligation to render the assistance requested and that such assistance may, in the absence of the school nurse, be rendered by an emplyee of the district who is not medically trained. We hereby release the XXX School district, its board of education, its officials and employees, including the school nurse and the nurse's designee, from any and all liability for damages or injury directly or indirectly resulting from the performance or failure of performance of the assistance requested"

I plan to cross out all of it. It conflicts with the whole "duty of care" thing, conflicts with AAAAI position statement, and seems redundant with good samaritan law.

Posted on: Fri, 01/12/2007 - 2:07am
Momcat's picture
Joined: 03/15/2005 - 09:00

Good luck! The school may accept the form with the wording crossed out. I think their wording is misleading. While individual teachers (at least in CA) cannot be required to render medical assistance, the school must have a designated person who is trained to administer epipen.
Our school had a similar--not quite as objectionable--waiver form. I worked with the district to change the wording to something we could both live with. You may have more success by offering alternate wording which would be acceptable to you.

Posted on: Fri, 01/12/2007 - 2:39am
Gail W's picture
Joined: 12/06/2001 - 09:00

Our medication authorization forms are acceptable. . . no language trying to excuse them from their duties. But I altered a release form last year regarding an out of town overnight trip that was similar to your form, basically stating that they weren't responsible. I crossed all that out and wrote on the form that the school will adhere to my child's 504 plan. They didn't like that, and threatened that DD couldn't attend the trip. . . but she did, of course. Because I met the requirement of "signing" the form. [img][/img]

Posted on: Fri, 01/12/2007 - 2:49am
TwokidsNJ's picture
Joined: 05/28/2005 - 09:00

I wouldn't sign that as is either. I don't like that they are excused from any duties. That is not consistent with "duty of care" and good samaritan laws. I'd cross out the whole thing too.

Posted on: Fri, 01/12/2007 - 3:51am
mistey's picture
Joined: 01/18/2004 - 09:00

I wouldn't sign it the way it is worded, either.

Posted on: Fri, 01/12/2007 - 8:19am
ajgauthier's picture
Joined: 04/13/2005 - 09:00

From an administrative point of view --- I was the coordinator for a summer camp and our liability statements went by the lawyer first. If anything was altered/cross'd out it wasn't accepted, even if signed. For instance: on photos/images we have a release parent wrote in "only if I get notified of where it will be published", which was ignored. I ended up discussing it with the parents, and they had to choose "no photos". From what the lawyer said, if the parent signs on the dotted line, they sign on the dotted line for the printed statement on the form. Any cross-outs or add-ins will not be recognized by a court of law.
So --- I'd suggest calling the school and see what they say about it instead of just doing it and then dealing with the consequences, if any.
30-something survivor of severe peanut/tree nut allergy

Posted on: Fri, 01/12/2007 - 1:07pm
Carefulmom's picture
Joined: 01/03/2002 - 09:00

That waiver is illegal. According to FAAN, it is illegal for them to ask you to sign a waiver related to the pa. In elementary school, our after care asked me to sign a waiver, and before I could even respond, the nurse told them it was illegal. I would absolutely not sign it, not even with cross outs. Any liability waiver due to pa is illegal.

Posted on: Sat, 01/13/2007 - 12:43am
anonymous's picture
Joined: 05/28/2009 - 16:42

Is that something that FAAN published?
The school hasn't actually given us the forms to fill out yet.. I just saw them on the forms page of the district website as I was preparing forms for Kindergarten enrollment. I like to be prepared.

Posted on: Sat, 01/13/2007 - 11:47am
Carefulmom's picture
Joined: 01/03/2002 - 09:00

Yes, it was in a FAAN publication somewhere around 2000. You could go to their site and check. When I have a chance I`ll go to their site and see if I can find it.

Posted on: Sun, 03/11/2007 - 11:04pm
cog's picture
Joined: 11/13/2006 - 09:00

Does anyone have any more information on this? I too see a liability waiver on a potential school district. Does we have to sign it in order to receive services from the school? Is it illegal to ask? If so how can they put this on their site? Any thoughts would be appreciated. Thank you

Posted on: Sun, 03/11/2007 - 11:34pm
chanda4's picture
Joined: 12/14/2006 - 09:00

Quote:Originally posted by Carefulmom:
[b]That waiver is illegal. According to FAAN, it is illegal for them to ask you to sign a waiver related to the pa. In elementary school, our after care asked me to sign a waiver, and before I could even respond, the nurse told them it was illegal. I would absolutely not sign it, not even with cross outs. Any liability waiver due to pa is illegal.[/b]
well, if this info is correct it sounds illegal as carefulmom states. I wouldn't sign anything, maybe look around FAAN and see if you can copy something as proof, I woudl turn it in with the unsigned waiver attached! I might look into it too if I have time today, working on my 504 for the last 4 days!!
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE)
Savannah-1 (milk and egg)


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