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Parents sued the Arlington Unified School District, the high school principal, and the superintendent after their child, K.G., was struck and severely injured by a
Parents sued the Arlington Unified School District, the high school principal, and the superintendent after their child, K.G., was struck and severely injured by a car as he was running from the bus to avoid a bully. The school district had been under an evolving desegregation decree which continued to mandate busing to keep their schools within the acceptable student racial limits. The community had seen rapid growth in the past 5-10 years and the demographics have changed substantially. The rapid growth strained the resources of the district, routes grew longer, and traffic congestion more than doubled. The number of accidents involving buses increased and last year several students were seriously injured in two separate incidents where they were struck at or near designated bus stops. K.G. claimed to have been the target of bullying and racial harassment by a couple of classmates that started in the ninth grade. Over that next summer, the classmates resorted to social media to embarrass and humiliate K.G. By the time K.G. started the tenth grade, he had been branded with a disparaging nickname with racist undertones. K.G.s' parents met with school officials the first week of school to express their concern and ask that school officials take steps to protect K.G. from the harassment. Based on this meeting, school officials made some adjustments to K.G.'s schedule to separate K.G. from his harassers. The bullying seemed to decrease at first, but in October, K.G.'s locker was tagged with insulting comments. School officials identified one of the students responsible and assigned two days of in-school suspension. A few weeks later, another student tried to spit in K.G.'s food using a straw. K.G. spit back and a minor altercation ensued. Both K.G. and the spitter were assigned lunch detention for five days, but K.G.'s parents objected, claiming he was being unfairly punished. In early December, K.G. was caught in a bathroom by two of his harassers where he was assaulted. K.G. sustained minor abrasions and red marks on his back from being kicked as he was using the urinal and a lump on his head from striking it against the wall. K.G. reported the assault and after questioning several students, school officials decided to place the assailants in the district's alternative educational facility for three weeks during which time they were not allowed to be on any other school property, including school-sponsored events. K.G. expressed a desire to transfer to a different school and had become more sullen and withdrawn. On the last day of the fall semester, one of the assailants skipped alternative school and decided to pick up his girlfriend from the high school. As K.G. is leaving the building, he sees the assailant standing near the crosswalk on the other side of the street. As K.G.'s bus pulls out of the school parking lot, K.G. notices the assailant's car following the bus. K.G. informed the driver about the situation, but when they arrived at K.G.'s designated stop on State Highway 268, the driver told K.G. to get off the bus because he was holding up traffic. K.G. exited the bus and when he saw the assailant pull over at the bus stop, he panicked and ran across the street without looking. K.G. was struck by a car and severely injured. If K.G.'s parents file suit claiming negligence and violations of Title VI, will they be successful? Would the school district have any defenses? What about school officials, are they liable for the injuries? Use the tests or standards described in the content of this module to analyze the facts to decide the outcome of the parents' suit
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