When is the school to blame?

By The Gazette Editorial Board

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Many hearts ache for the parents of Mackenzie Lown, the Clear Creek Amana High School freshman killed in a car accident last October.

But unless it's proven that the Clear Creek Amana School District did violate its own transportation policies, as Lown's parents allege in a civil suit recently filed in Johnson County District Court, holding the school district liable for the girl's death doesn't seem justified.

Then 18-year-old student Zachary Swenka was driving Lown and four other passengers back to school after a cross country team practice at Kent Park last fall when he crossed the centerline and collided with an oncoming minivan, according to the Iowa State Patrol. Several other Clear Creek Amana students were injured in the crash.

Lown's parents had filed an earlier suit against Swenka, which was dismissed. The Johnson County Attorney's office is reviewing the crash report to determine whether to bring criminal charges against the driver.

In their suit against the school district, Lown's parents argue the district allowed Swenka to act as an employee by letting him give teammates rides to off-campus practice.

They say the district violated its own transportation policy, which requires students being transported for school purposes to be in school-owned vehicles driven by school bus drivers. If students are transported in private vehicles for school purposes, they must have the superintendent's permission and only with a parent's written permission, according to that policy.

But the question is whether extracurricular practice counts as a “school purpose” - if that interpretation is in keeping with the policy's intent.

Other Clear Creek policies specifically state the district “may” provide school district transportation for extracurricular activities - specifically, events.

According to the Iowa Department of Education, state law does not require school transportation to athletic practices - only to competitions.

Even the petition Lown's parents filed against the district does not allege the school required students to ride with older peers - only that they “requested, encouraged, relied on or allowed older students with driver's licenses and vehicles to provide transportation to younger students.”

It's not unheard of for upperclassmen at area high schools to give classmates rides to off-campus practices and activities, although exact numbers are hard to come by.

Ultimately, it's up to parents to decide with whom their children are allowed to ride, including how should be transported to off-campus sites for extracurricular activities.

Lown's death was tragic, but it's not clear the school is at fault.

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