Jackson Ex Rel. Essien v. Unified School District No. 259

Marquardt, J.:

This is Larry Jackson, Jr.’s second appeal. In the prior appeal, Jackson v. U.S.D. 259, 268 Kan. 319, 995 P.2d 844 (2000) (Jackson 1), the Kansas Supreme Court remanded the case to the trial court for a factual determination.

Jackson, a middle school student, attended a mandatory physical education class in the school gymnasium. After performing the required gymnastics, a student asked the teacher if the students could use a springboard to touch the rim of the basketball goal. The teacher consented. Jackson ran and launched off the springboard towards the basketball goal.…