Legal Notes: Outdoor Education

Winter 2022

By Megan Mann

legal-notes.JPGWhether it’s a school-owned ropes course or a spring break hiking trip in Patagonia, independent schools have long recognized the value of outdoor education. As schools start planning activities and trips for the spring and into next year, they should think about developing programming that is mission-driven and risk-savvy. To learn more about how to create and maintain effective and well-managed experiential programs, I talked with Steve Smith, an outdoor program risk-management consultant with Experiential Consulting. He shares this advice for independent schools.
 
1. Focus on outcomes. Rather than picking a “cool” destination, schools should plan programming that is tied to mission and driven by educational outcomes. They should then work backwards to figure out the location and activities that will help achieve those goals. Take the time to write down how backpacking in Yosemite, for example, will further your goals and share this information with parents and students.
 
2. Don’t lose sight of beneficial risks. Schools should consider that there are two types of risks: what they might lose and what they might gain. The latter are “beneficial risks” (e.g., learning outside of the comfort zone, social risk and growth, etc.). Assessing and balancing these types of risk is a key piece in developing a program that will help students grow.
 
3. Review the program holistically. Assess how the program’s various aspects further the school’s goals. On the front end, assess whether you have the right policies and staff in place. Consider whether you’ve adequately trained chaperones and communicated expectations, plans, goals, and other aspects of the program to chaperones, students, and parents. Similarly, once the trip has concluded, reflect on what worked and ask, “Were we good, or were we lucky?” When an incident does occur, learn from it. How schools treat an incident during a travel program should be mirrored in how they treat an incident on their own playground.
 
4. Consider unintended consequences. Review policies and training and think through any blind spots or unintended consequences. Does one safety rule inadvertently create another safety issue? For example, does a rule about chaperone phone check-ins on a wilderness trail unintentionally create a safety issue by requiring them to leave the students to find cellular service? Walk through scenarios, ensure there is trust in chosen chaperones, talk through the possibilities, and weigh the risks. Ask yourself whether each rule furthers your goals or is just an example of performative safety.  
 

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Megan Mann

Megan Mann is general counsel and vice president of legal education and support at NAIS.