Beruflich Dokumente
Kultur Dokumente
Amanda M. Burnside
Is a school liable for the death of a student because they failed to notify the parents of his
suspension? Ray Knight was suspended for a total of three days due to excessive unexcused
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absences. Although procedure requires it, the school failed to notify his parents by either phone
nor in writing. One the first day of his suspension, of which Ray’s parents were not aware, Ray
was shot and killed. The shooting was accidental while Ray was at his friend house. Should
One such court case that shows Ray’s parents may have a case against the district is Perna
v. Conejo Valley Unified School District (1983). In this case a teacher asked a student to stay
after school and assist in grading papers. The sister of the student who always walked home with
her stayed to wait for her sister. At 3:15 pm, when the students were allowed to leave, they were
struck by a vehicle while crossing in the crosswalk. Both girls sustained injuries. An action for
negligence was filed against the driver, the city, and the school district. On the day the sisters
stayed late and the request of the teacher, the school crossing guard left at 2:45pm, when on most
days the guard will stay until 3:30 pm. It is believed by the court that the school district could be
negligent for keeping the student late. It is said the teacher should have know that the school
crossing guard would leave at 2:45 pm and that was the case every Tuesday. In California it has
been established that school districts do have a duty to exercise ordinary care in supervising
students on the premises. The court believed that the negligent supervision by the school district
while the students where on school grounds could have proximately caused the injuries to the
students off campus. The decision was based only on the alleged failure of the school district in
Another case where the school was found liable due to negligence is Gary on Behalf of
Gary v. Meche (1993). Tracy Gary was hit by a car after she was dismissed from school. Her
home was located across the street from the school, but on this day instead of waiting for her
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mother she ran across the street on her own. He parents believed that the school should be held
liable in part because the school grounds were not fenced to “funnel” students to the cross walk.
Tracy ran out between two parked cards and into the side of a pick-up sustaining injuries to her
foot and face. It was revealed that the school had no policy regarding the supervision of students
once they were dismissed. It was found by that court that there was no one “on duty” in the
school yard when the incident occurred. The School Board presented no reason as to why they
did not implement a supervision policy at dismissal. The court found the School Board liable for
Tracy Gary’s injuries. They did not take responsibility in supervise their youngest students. That
had a duty to ensure a policy was in place to ensure that their young students do not leave the
school ground unattended. Tracy’s parents received $20,000 in general damages, $10,000 for
A case where the court has an opposite ruling is Hoyem v. Manhattan Beach School
District (1977). Michael Hoyem, just ten years old, was enrolled in the summer school program
at Begg School. On this day Michael left the school grounds before the final classes had been
dismissed. Michael left the school by choice and while standing near an intersection he was hit
by a motorcycle causing serious injuries. Michael’s mother felt that the school was responsible to
supervise Michael in such a way to prevent him from leaving school. She trusted them with the
safety and well being of her son. Education Code section 13557.5 in California states the rule
that a school district has no duty to supervise or protect a student between home and school
unless the district is providing the transportation. It was found that the district was not
responsible for Michaels welfare off school grounds. The moment he became a truant, the school
Another case where it was found that the school district was not liable for the injuries of a
student is Kerwin v. Jefferson Elementary School District (1959). The question presented was if
the district owed any duty to the plaintiff to protect him on his way home from his brothers’
school. Eleven-year-old Richard was contacted at home, where he was home sick from school, to
come and pick up his six-year-old brother who needed to go home because he was sick. Richard
arrived at the school to pick-up his brother on a bicycle that was built for just one rider. On their
way home from the Elementary School the bicycle tipped over causing injury to Richard. The
court ruled that there is no reason why and eleven-year-old boy would not be able to safely return
home from the school after picking up his brother. The school was not responsible for the
transportation chosen by Richard and were not aware of it. Section 13229 of the Education Code
references that teachers shall hold pupils to a strict account for their conduct on their way to and
from school. The duty of a teacher is not to supervise a student on their way home. Therefore, the
Education Code, Article 1. Rights and Duties, section 44808 States that no district, board,
teacher, etc.… shall be responsible or liable for the safety of a pupil if not on school property.
The exception comes when the school, district, teacher etc. has undertaken to provide
transportation for that student. In that case it is required that they need to exercise reasonable
care of the student. I feel in the case of Ray Knight that even though the incident did not occur
on school grounds they still have defensible grounds to pursue liability charges. Although the
unfortunate incident that occurred could not have been foreseen by the school, they failed to
follow procedure and notify Ray’s parents of his suspension. The procedures of the school
district required notification by phone and in writing and the school was negligent in that aspect.
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In Perna v. Conejo Valley Unified School District (1983) the school was found liable as they
were the reason the student had stayed late and was not able to cross with a crossing guest. In
Ray Knights case because the school failed to notify his parents and give them the opportunity to
make arrangements for him to stay with someone or be supervised by an adult, they created a
situation that may have otherwise been avoided. It is the responsibility of the school to follow
procedures that have been set in place to avoid situations in which they may be found
responsible.
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References