Glaser V. Emporia Unified School District Case Study

There are rules and policies throughout schools based on attendance, absences, and how to follow a punishment for unexcused absences. Ray Knight is a middle school student that was suspended for three days because he had unexcused absences. The school district has procedures to notify the student’s parents. The school procedure requires the school to make a telephone notification and a written notice to be mailed to his parents. The school however, only sent out a notice with Mr. Knight and he throw it away. Because of this his parents were never notified or aware that he was suspended. The first day of his suspension he was visiting his friend’s house when he was accidentally shot. Due to this accident Ray’s parents want to press liability
Emporia Unified School District (2001) is a case presented to argue that Ray Knight’s parents do not have grounds to pursue liability charges against school officials. In the case of Glaser v. Emporia Unified School District (2001) a seventh grade student was hit be a car and he was injured as he went off school grounds to a public street because he was being chased by another student. The family of the student sued for negligence and not being able supervise the students. In the state supreme court, it was ruled that the school was not held liable because the student was out of the school property, school hours, and no longer under the school’s custody. The school’s duty to adequately supervise students was not under their control or custody. Meaning that the case of Ray Knight would be somewhat like this ruling, where the school would not be held liable for Ray Knight’s accident because it was not in school’s duty to adequately supervise students. Ray Knight was not in the school building or in school hours. He was suspended, and a notification was sent out to his parents. It would be up to the parent’s duty to know his
In the case Eisel v. Board of Education of Montgomery County (1991), the court ruled that the counselors have a duty to “use reasonable mean to prevent a suicide when they have notice”. The counselors could have done more to help the student and notify the parents. The professional malpractice in education refers to those who neglectingly perform their professional duties. In Ray knight’s case the school had a procedure to follow when someone is suspended due to unexcused absences. There needed to more be done to successfully notify his parents about his suspension. In the case of King v. Northeast Security, Inc. (2003), a student sued the school district for negligence because the school failed to take the appropriate safety precautions. Under Glaser v. Emporia Unified School District (2001) and Scott v. Savers Property and Casualty Insurance Co (2003), it would be argued that Ray Knight was not in school property or under school custody however, the court would rule in favor of Ray Knight’s parents because the school would be held liable for failing to notify and take the appropriate precautions to avoid an injury from happening if his parents were properly