Parents balk on student waivers

Annette Denietolis took a long look at the lengthy permission slip her children brought home this past fall.

It wasn't the ordinary field trip slip she was used to signing. It was a full-fledged liability waiver, an extensive legal document that, in her mind, released the Amesbury school system from being responsible for her children during any out-of-class activity. If she signed the slip once, the liability waiver would carry through all of her children's years in Amesbury schools.

"I don't like giving up my rights," Denietolis said. "I looked at it and thought, I'm not signing something like that."

Denietolis wasn't alone in her concern. Many parents noticed this past fall that Amesbury public schools had developed a new system for waivers. In the past, only athletes were sent home with slips that asked parents to waive their rights to sue if a child was hurt. This year, Amesbury hoped to have all students sign the form to cover activities beyond athletics.

School Superintendent Stephen Gerber said the new waiver forms were the result of a state Supreme Judicial Court decision last summer.

In the case of Sharon v. Newton, the court found that a family of an injured cheerleader could not sue the Newton school system because they had signed a liability waiver. Gerber said that after the decision, the school's insurance company suggested that Amesbury protect itself with comprehensive waivers aimed at preventing frivolous lawsuits. Amesbury is insured by the Massachusetts Interlocal Insurance Association, which is affiliated with the Massachusetts Municipal Association. The insurer covers 296 municipalities in Massachusetts.

"I think the town was just looking to protect itself, the taxpayers, and the school budget," he said.

But after a group of parents raised questions about the need for the waivers and about what they mean to parents whose children are injured during a school-sponsored activity, the School Committee is rethinking its policy on permission slips. Denietolis is serving as a parent representative on a subcommittee of the School Committee that has been charged with determining what waivers should be used for school activities.

Gerber said he hopes to have a uniform slip for most activities, one that protects the city without taking rights away from parents. But Denietolis said she is hoping for no liability waiver at all. She said that even though the more extensive waivers have been used for years for student athletes, parents should decline to sign.

She said she is willing to sign a form acknowledging that her child is allowed to participate in a trip or activity, but she is unwilling to give up the right to bring a case to court if she feels the school system is responsible for an accident.

"I think a lot of people don't realize what they're signing," she said.

Schools across the state have beefed up permission slips and waivers over the past decade, many responding to the Newton case. In Newburyport schools, athletes have signed a more extensive waiver to participate in sports for the past several years. Triton Regional High in Newbury uses a similar form.

Gerber said Amesbury made a mistake by sending its new waiver home with students without an explanation to parents. He also acknowledged that one slip should not cover students for every activity in every grade for a child's entire tenure in Amesbury schools.

"We sent those forms home without any kind of cover letter," he said. "That was a mistake."

In the past few months, the subcommittee has worked with Denietolis on an alternative. For now, the old system of waivers for athletes and permission slips for the rest is still in use.

Robert Gosselin, a subcommittee member, said he believes there will be a compromise, although he does not believe it will be reached without some changes to the old permission slip process. He said parents seemed most concerned about phrases in the document such as "waiver of neglect."

"We were just trying to make sure the bases are covered," he said. "I'm a parent, too. I don't want my rights taken away."

The next subcommittee meeting will be held March 2, before the regular School Committee meeting. A representative from the school's insurance company will explain the need for the waivers. Denietolis said it will take proof to convince her that a new system is necessary and that the current waiver for athletes is appropriate.

Despite the reasoning for the change, she said the city has told her that no one has sued Amesbury for negligence for at least 10 years and that having a strict waiver doesn't necessarily save the city any money on its insurance premiums.

She questioned whether the school system should be putting the concerns of insurance companies first. Denietolis said she has already noticed strict liability waivers sent home with her children for city-sponsored and community sports activities.

"I'm kind of a cynic, and I think we're well on our way to signing permission slips to send our kids to school," she said.