Field Trips Should be Reviewed and Approved by Business Office and Counsel

During the Covid-19 pandemic, most, if not all, school field trips were canceled. The problem in many situations was that the school-sponsored field trip contract was not reviewed and approved by the district’s business office and district’s legal counsel. In many situations, the travel company’s boilerplate contract language contained provisions which required impractical cancellation notices, did not contain a “force majeure” clause which would have protected schools during the pandemic, etc. School district officials are reminded to obtain approval of such contracts and to review their field trip policies and regulations for potential problems. Once policies and regulations are updated and approved by the Board, the business office should provide clear concise communication regarding the approval and procurement process for field trips.

With field trips on school district officials’ radar, these officials are reminded to analyze the threshold question of whether a field trip is “school sponsored” before proceeding with the procurement of the trip. The Commissioner of Education articulated the criteria to be used to determine whether a particular trip should be considered a private activity or part of the educational program in Appeal of Christe, 39 Ed.Dept.Rep. 685. These criteria include whether the trip is an approved part of the educational program of the school district, whether it occurs during the regular school day and year, and whether it is recognized as appropriate for academic credit and open to all students.

In the Christe case, the Commissioner held that the expenditure of school district funds was not permissible because the evidence presented indicated that the trips were essentially private trips rather than an integral part of the foreign language department’s educational program, irrespective of the incidental educational benefit to the students. Neither the trip proposal nor the Board’s resolutions reflected any input by the Board into the content or planning of the trips, the educational objectives of the trips, or how the knowledge gained during the trips would be utilized, if at all, in the class curriculum upon the students’ return. The Commissioner also noted that the foreign language department’s proposal contained no provision for any academic credit from participation or penalty for not participating in the trip and participation was not open to all students who were enrolled in foreign language courses or who had a legitimate academic interest in foreign languages. Moreover, the trip was also scheduled during a school recess. Accordingly, the trip should not have been procured in the first place.

If you have any questions regarding field trip policies, regulations or procurement issues please contact our office.