Hostname: page-component-7c8c6479df-5xszh Total loading time: 0 Render date: 2024-03-28T07:20:36.476Z Has data issue: false hasContentIssue false

Shared Use and Safe Routes to School: Managing the Fear of Liability

Published online by Cambridge University Press:  01 January 2021

Extract

This paper examines two policy initiatives that research shows can increase opportunities for physical activity and, in turn, improve health outcomes. These initiatives — shared use and Safe Routes to School (SRTS) — can and should be embraced by schools to improve student and community health. Fear of liability, however, has made many schools reluctant to support these efforts despite their proven benefits. This paper addresses school administrators’ real and perceived liability concerns and identifies four strategies for managing the fear of liability and mitigating any potential liability exposure.

Type
JLME Supplement
Copyright
Copyright © American Society of Law, Medicine and Ethics 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Farley, T. A. Meriwether, R. A. Baker, E. T. Watkins, L. T. Johnson, C. C. Webber, L. S., “Safe Play Spaces to Promote Physical Activity in Inner-City Children: Results from a Pilot Study of an Environmental Intervention,” American Journal of Public Health 97, no. 9 (2007): 16251631.Google Scholar
Safe Routes to School was first introduced at the federal level as part of the 2005 federal transportation bill. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, H.R. 3, 109th Cong. § 1404, H.R. 3 (2005).Google Scholar
McDonald, N. C. Steiner, R. L. Lee, C. et al., “Impact of the Safe Routes to School Program on Walking and Bicycling,” Journal of the American Planning Association 80, no. 2 (2014): 243248.Google Scholar
Davison, K. K. Werder, J. L. Lawson, C. T., “Children's Active Commuting to School: Current Knowledge and Future Directions,” Preventing Chronic Disease 5, no. 3 (2008): 111, available at <www.ncbi.nlm.nih.gov/pmc/articles/PMC2483568/pdf/PCD53A100.pdf> (last visited February 19, 2015); McMillan, T. E., Walking and Biking to School, Physical Activity and Health Outcomes, Active Living Research, May 2009, available at <http://activelivingresearch.org/walking-and-biking-school-physical-activity-and-health-outcomes> (last visited February 19, 2015).Google Scholar
Singh, A. Utjdtdewilligen, L. Twisk, J.W.R. et al., “Physical Activity and Performance at School: A Systematic Review of the Literature Including a Methodological Quality Assessment,” Archives of Pediatric and Adolescent Medicine 166, no. 1 (2012): 4955, available at <http://archpedi.jamanetwork.com/article.aspx?articleid=1107683> (last visited February 19, 2015); Trost, S. G., Active Education: Physical Education, Physical Activity and Academic Performance, Active Living Research, Summer 2009, available at <http://activelivingresearch.org/files/ALR_Brief_ActiveEducation_Summer2009.pdf> (last visited February 19, 2015).Google Scholar
Geier, A. B. Foster, G. D. Womble, L. G. et al., “The Relationship between Relative Weight and School Attendance among Elementary Schoolchildren,” Obesity 15, no. 8 (2007): 21572617.CrossRefGoogle Scholar
Cox, L. Berends, V. Sallis, J. F. et al., “Engaging School Governance Leaders to Influence Physical Activity Policies,” Journal of Physical Activity and Health 8, Supp. 1 (2011): S40S48; Spengler, J. O. Connaughton, D. P. Maddock, J. E., “Liability Concerns and Shared Use of School Recreational Facilities in Underserved Communities,” American Journal of Preventative Medicine 41, no. 4 (2011): 415–420.CrossRefGoogle Scholar
86 C.J.S. Torts § 2.Google Scholar
See e.g., Scott v. Farrar, 139 Cal. App. 3d 462 (1983); Gilmore v. City of Zion, 605 N.E.2d 110 (Ill. App. Ct. 1992); Honeycutt v. City of Wichita, 836 P.2d 1128 (Kan. 1992).Google Scholar
Zimmerman, S. Kramer, K. Trowbridge, M. J., “Overcoming Legal Liability Concerns for School-Based Physical Activity Promotion,” American Journal of Public Health 103, no. 11 (2013): 19621967.CrossRefGoogle Scholar
Spengler, J. O. Carroll, M. S. Connaughton, D. P. Evenson, K. E., “Policies to Promote Physical Activity on School Grounds: A Review of State Recreational User Statutes,” American Journal of Preventative Medicine 39, no. 1 (2010): 8188.Google Scholar