Because a school acts in place of the parent with respect to its minor students, a school district owes a special duty to the students themselves. Schools are under a duty to adequately supervise the students in their charge and they will be liable for foreseeable injuries proximately related to the absence of adequate supervision. However, schools are not insurers of the safety of their students, and the duty they owe to their students derives from their physical custody and control over the students. Therefore, the school's custodial duty ceases once the student has passed out of its orbit of authority and the parent can reassume control over the child's protection. However, the school's duty continues and is breached if the student is released without further supervision into a forseeably hazardous setting it had a hand in creating.
Boyle v. Brewster Cent. Sch. Dist., NY Slip Op 05514 (2d Dep't October 5, 2022)
