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This document summarizes four court cases related to school liability for off-campus incidents and provides an opinion on whether a school could be liable if a suspended student is injured off campus. It describes a scenario where a middle school student, Ray Knight, was suspended but the school only notified Ray and not his parents. During his suspension, Ray was accidentally shot at a friend's house. The document analyzes four court cases, two that support potential liability for the school and two that do not. It concludes that based on a case requiring schools to notify parents of issues with their children, Ray's parents have grounds to pursue liability charges against the school officials for failing to directly notify Ray's parents of his suspension.

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135 views4 pages

Artifact 3

This document summarizes four court cases related to school liability for off-campus incidents and provides an opinion on whether a school could be liable if a suspended student is injured off campus. It describes a scenario where a middle school student, Ray Knight, was suspended but the school only notified Ray and not his parents. During his suspension, Ray was accidentally shot at a friend's house. The document analyzes four court cases, two that support potential liability for the school and two that do not. It concludes that based on a case requiring schools to notify parents of issues with their children, Ray's parents have grounds to pursue liability charges against the school officials for failing to directly notify Ray's parents of his suspension.

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Running head: ARTIFACT 3

Artifact 3

Autumn Hackbarth

College of Southern Nevada


ARTIFACT 3

Artifact 3

Are schools liable for accidents involving students outside of school? In this scenario, a

middle school student, Ray Knight, was suspended from school due to unexcused absences. The

school district requires telephone notification and a written notice by mail to parents. The school

only sent a notice to Ray, who discarded it, making his parents uninformed of his suspension.

During Ray’s suspension, he went to a friend’s house and accidentally got shot. Can Ray’s

parents pursue liability charges against school officials?

One court case that supports Ray’s parents is Eisel v. Board of Education of

Montgomery. In this court case a thirteen year old girl, Nicole, told several friends and fellow

classmates that she intended to kill herself. One of her friends relayed the information to the

school counselor, Morgan, who then told Nicole’s school counselor, Jones, the information. The

counselors questioned Nicole about the statements, but she denied them, which after the

counselors did nothing further. The court ruled the counselors had a duty to use reasonable

means to prevent a suicide when they are on notice. This case relates to the scenario by the

school officials failing to make sure Ray’s parents were notified of their child's suspension.

Another court case that supports Ray’s parents is Mitchell v. Cedar Rapids Community

School District. In this case, a special education student, D.E. was sexually assaulted by another

student off campus and after school hours. D.E. had six periods during the day, but was able to

leave after fifth period without getting permission. She left with another student who ended up

sexaully assaulting her. The court found the school district negligent in failing to adequately

supervise the special education student. This case relates to Ray’s because his school failed to

properly supervise and notify his parents of his suspension.


ARTIFACT 3

One court case that supports the school officials is Collete v. Tolleson Unified School

District. In this case a student, Zachary, caused a car accident that injured several motorists while

driving back to campus from eating lunch at the mall with friends. Zachary’s presence off

campus during school hours was in violation of the school policy, which requires students to sign

out and have parental permission before they can leave campus. The court ruled legal

relationships between district and its student did not impose a duty upon the district to control

student. The reason this case applies to Ray’s scenario is that the school couldn't control Ray

over if he had showed the written notice or not.

Another court case that supports the school officials is Write v. Arcade School Dist. In

this court case, a little boy, David, was struck by an automobile while crossing a public street on

his way to school. The court ruled no duty of care to be owed by the school district to the injured

child because it has no legal duty to transport pupils between home and school or required to

supply traffic protection to pupils en route between home and school. This case can be applied to

the scenario because the school officials can say the school isn’t responsible for students when

they are off of school grounds.

My opinion of the scenario is that Ray’s parents do have defensive grounds to pursue

liability charges against school officials. When schools are dealing with minors, they should

inform the parents directly over the discipline of their child so the parent know what is going on.

My opinion is backed up by the court case Eisel v. Board of Education of Montgomery because

it is a court case that states the counselors should notify parents when their is a problem or issue

regarding their child.


ARTIFACT 3

References

​Eisel v. Board of Education of Montgomery County 597 A.2d 447 (Md. 1991)

Mitchell v. Cedar Rapids Community School District No. 12–0794 (2013)

Collete v. Tolleson Unified School District No. 1 CA-CV 01-0490 (2002)

Wright v. Arcade School Dist. Civ. No. 10743 (1964)

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