Jackson Ex Rel. Essien v. Unified School District 259

Marquardt, J.:

Larry Jackson, a student at Hamilton Middle School in Wichita, sustained a compound fracture of his right forearm while using a springboard in the school gymnasium.

The district court granted Unified School District 259’s (school) motion for summary judgment. Jackson and his mother, Virgie Essien, (Jackson) appeal.

On December 7, 1994, after the required physical education class activities had concluded, the students asked Joseph Belden, the physical education teacher, for permission to use the springboard to touch the rim of the basketball goal. This was not a required activity.…