Case Scenario

Brayan Martinez

College of Southern Nevada

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Ray Night was a middle school student who was not present at school for three

unexcused days. The school's policy for students who have three days of unexcused absences is

suspension for the student. The district policy, however, is for the school to give a telephone

notification and a written notice by mail for the parents regarding the child's suspension. The

school did not send the telephone notification and on the first day of his suspension, Ray was

accidentally shot while visiting a friends house.

Since the school did not give the required telephone notification Ray’s parents have

defensible grounds to pursue liability charges against school officials. According to a case

Mitchell v. Cedar Rapids community school district, plaintive was a mother of a 14-year-old

special education student and was raped by a 19-year-old special student after two students left

school early. The mother won the case and was awarded $500,000 in damages due to failure to

adequately supervise the students. (Justina Inc 2014) Just like Ray was shot after school, he is

eligible to pursue liability charges.

According to E.A. Gjelten A lawyer from lawyers.com, he states that her school officials

they may be responsible and in this case rain was accidentally shot. He also goes on to say that

Schools might be liable hurt after being released without supervision. When the school parent

phone notification they should have known that they were putting Ray’s safety in danger. Under

these conditions, Ray’s family will be able to win the argument if this case were to go to court.

Rollins v. Concordia Parish school Board was nine-year-old fourth-grade student

fractured her leg when she fell off the merry-go-round. A teacher named Mrs. Green told the

girls including Lisa to slow down, then a fight broke out with two students playing with the

basketball so she went to go attend to them. When Mrs.Green heard that Lisa had fallen she

immediately went to go pick her up and Lisa had told her that she hurt her leg. When Mrs. Green
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warned her they gave her at least one warning, but the school was only found to be 50% at fault.

Ray also had at least one warning, and his accident was not on school grounds so the school

should not be liable for his mistake.

There’s a possibility at the school would have no liability against Ray's Accident. Hoyem

v. Mahen beach city school district was a case where a student was struck by a motorcycle up the

school premises but during school hours. The court said that the education code section 44808

does not limit “ a school district responsibility to supervise students during school hours on

school premises”(Lawpipe) the court goes on to say that the codes initial portion of the statute

provides that no school district shall be responsible… for the conduct or safety of any pupil… at

any time when such pupil is not on school property”(Lawpipe) . This is enough to justify that

since Ray was not on school property, the school has no responsibility to supervise him during

his off school hours.

Overall it’s this case where to go to court could be anybody win. I do believe though if

they were to happen in Las Vegas the school will be held responsible and will have to pay Ray's

family. Since the parents were found to be notified that could be used as an evidence that the

school was student parents about the situation that was going on. Yes, Ray did not turn in the

form he was supposed to but it is overall the school's responsibility to make contact with parents.

Reference Page
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Cedar Rapids Community School Dist. v. Garret F. (n.d.). Oyez. Retrieved September 20,

2018, from https://www.oyez.org/cases/1998/96-1793

FindLaw's Supreme Court of Iowa case and opinions. (n.d.). Retrieved September 20,

2018, from https://caselaw.findlaw.com/ia-supreme-court/1635949.html

Lawpipe. (n.d.). Retrieved September 22, 2018, from

https://www.lawpipe.com/California/Hoyem_v_Manhattan_Beach_City_Sch_Dist.html

Reporter, P. L. (1998, March 6). ROLLINS v. CONCORDIA PARISH SCHOOL

BOARD, FAILURE TO SUPERVISE SCHOOL PLAYGROUND MERRY-GO-

ROUND. Retrieved September 22, 2018, from

http://cehdclass.gmu.edu/jkozlows/rollins.htm