Dover, DE asked in Criminal Law and Personal Injury for Delaware

Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

My son is in the band at a local high school. During the summer they have band camp. He will make them march, in the heat, for hours with no breaks. If one of them makes a remark about the heat, he tells them, "It's not that bad." If they do take a break he berates them. I find this dangerous and highly unethical. Him and several other kids have gotten sick, some have nearly passed out, yet he pushes them. There are child labor laws; are there laws protecting these kids regarding this issue?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: As the band camp is technically an option it should be covered by education law parameters governing school sports.

Perhaps the band director needs to attend scout leader training or training for any other youth activitiy. You can ask the department of education or whoever regulates sports.

Paul Stanko
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN

A: The band director is under the authority of the local school administration. Contact the principal or the school board. If a student were to be seriously injured because of the band director's negligence, the schools would be exposed to liability. I am sure they (and the taxpayers) would not want that.

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