Times Observer photo by Josh Cotton Warren County School District board member Dan Sullivan, left, speaks on issues of liability during this week’s school board meeting. Administration presented information from the district’s insurance providers that would appear to prohibit bounce houses and dunk tanks at PTO events.

Liability concerns appear set to impact the types of activities that parent-teacher organizations can provide for students in the Warren County School District.

Kelly Sullivan, representing the PTO at Youngsville Elementary, said they’ve been told that they cannot incorporate bounce houses, blow up obstacle courses or dunk tanks into their Field Day event at the end of the upcoming school year.

“We were told we weren’t allowed to have any inflatables,” she said, noting the PTO has used these inflatables for the past two or three years.

“We’re not the only school that was told no,” Sullivan said.

Jim Grosch, the district’s director of business services, said he did inquire about the insurance status of bounce houses, dunk tanks and the possibility of a steer dump.

For bounce houses, the answer was clear.

“We were advised that was an absolute no from our insurance carrier’s perspective,” he said. “What my job is (is to) advise the board on what the insurance company is saying.”

Would waivers resolve those problems? Likely no.

“There is law that … a parent cannot waive the child’s right to sue,” Chris Byham, the district’s solicitor, said. The statute of limitations clock on a personal injury claim wouldn’t start until a student turned 18.

“Even with releases it doesn’t take away the liability concern,” he added.

“Waivers are not even as good as the paper they’re written on,” Grosch said. “To me, it’s a very serious matter.”

Potential long-term liability also likely rules out dunk tanks.

Grosch said use of dunking boots would exclude students, as well as employees and coaches which could trigger a potential worker’s compensation case that could increase the district’s insurance rates.

The possibility of a steer dump remains, as long as the cow is fenced.

Grosch said he thinks the work the PTO is trying to do is “great” but said that his job is to “keep us as much out of harm’s way as possible.”

Board member Dan Sullivan acknowledged Grosch’s point but said “at what point, what happens if a kid chokes on water drinking out of a water fountain?”

“There’s a lot of things over the years that are fun for kids to do but now they’re not allowed to be done,” Grosch said.

“We don’t have a policy on something like this,” Superintendent Amy Stewart said. “We sit and have an oath and say we’re going to protect the school district.”

She said she would be “nervous” if the board had different thoughts but additional discussion will occur at a future committee meeting on this issue.