SARAH GREEN: PORTFOLIO 3 ASSIGNMENT !

Ray Knight was suspended for 3 days because of his unexcused absences. On the first

day of his suspension he was accidentally shot while at a friends house. Ray's parents are suing

the officials from his middle school. They are charging the school officials with liability. Before

making a decision it is important to look at both sides of the argument.

According to Goss v. Lopez "The state statute provided that parents must be notified

within 24 hours and that the principal state the reason for his action. (School Law, p. 168 ) Most

states require that the parents be notified of the suspension within a certain amount of time. The

proper ways of informing a parent are by phone or a letter in the mail. The school did not abide

by those policies. Instead they relied on a student to give a letter to their parents knowing he or

she would be in trouble with his parents. The school failed to follow those procedures entirely.

The school officials have the duty of notifying the parents before the student leaves the

premises to ensure that the parents are aware of the childs whereabouts. In Armijo v. Wagon

Mound Public Schools (Weber, 2014) a special needs student was suspended and sent home

immediately after conveying aggressive behavior towards students and a teacher. The student

was left at home without any supervision. The parents returned home to find their child had

committed suicide when they believed he was safe in school. Ray was at able to go to his friends

house without his parents permission because with out the notification from the officials, his

parents thought he would be in school. Failing to inform the parents of their childs suspension

could result in inadequate safety.

The school officials are not liable for the incident that occurred. In Russell v. Board of

Regents of the University of Nebraska it was ruled that One who is capable or understanding

and discretion and who fails to exercise ordinary care and prudence to avoid dangers is negligent
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or contributory negligent. (Dragan, 2014) Contributory negligence is when the injured person

was negligent and contributed to the harm that was caused. ( School Law, p. 106) Since Ray was

given the responsibility to give the note to his parents, he is guilty of contributory negligence

because he himself did not inform them of his suspension.

Causation can be described as a a casual connection between the negligent conduct and

the resulting injury. (School Law, p. 100) The school officials were not involved in accidentally

shooting Ray, therefore their negligence was not the cause of his injury. They are not to be held

liable for an accident that they had no part in. The responsibility and liability falls on Ray and

whoever he happened to be with at the time.

The schools official could have followed the policies that were put in place to notify the

parents but it was ultimately Rays decision to hide it from his parents and go to his friends

house. As a middle school student Ray should have known that the responsible thing to would

have been to own up to his error and give his parents the note. Not only did he go to his friends

house without out informing his parents but someone at his friends house was handling a gun

when they probably shouldnt have been. As a result Ray was injured because he was somewhere

he shouldnt have been, especially without his parents permission.

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References

Dragan, E. F. (2014). Education Expert. Contributory Negligence Defense in School Liability

Lawsuits. Retrieved from http://education-expert.com/2014/03/contributory-negligence-

defense-school-liability-lawsuits/

Underwood, J., & Webb, L. (2006). Negligence and Defamation in the School Setting. In School

law for teachers: Concepts and applications (p. 100). Upper Saddle River, N.J.: Pearson/

Merrill Prentice Hall.

Underwood, J., & Webb, L. (2006). Negligence and Defamation in the School Setting. In School

law for teachers: Concepts and applications (p. 108). Upper Saddle River, N.J.: Pearson/

Merrill Prentice Hall.

Underwood, J., & Webb, L. (2006). Student Discipline and Due Process. In School law for

teachers: Concepts and applications (p. 168). Upper Saddle River, N.J.: Pearson/Merrill

Prentice Hall.

Weber, M. C. (2002). Damages liability in special education cases. The Review of Litigation,

21(1), 83-96. Retrieved from http://ezproxy.library.csn.edu/login?url=http://

search.proquest.com/docview/206824566?accountid=27953