In Leroy v. Yarboi, ordered published November 16, 2021, the Fourth District Court of Appeal, Division 2 affirmed summary judgment for the defendant district, its principal, and its assistant principal. The plaintiffs' decedent, a high school student, suffered from Tourette's Syndrome, sensory integration disorder, and borderline Asperger's Syndrome. He was in a virtual school program, and attended the high school physically during only two periods. In one of his classes, several students bullied and harassed the decedent. The decedent reported one student for harassing him and calling him names. Both students signed a "no contact" contract agreeing not to have contact with each other. The day after summer break began, decedent took his own life. The decedent's parents alleged that the administrators had negligently failed to address and prevent student bullying of the decedent, which caused the decedent to commit suicide; and that the school was vicariously liable for their conduct. The trial court granted summary judgment on the ground that the administrators did not breach their duties to the decedent, and on the ground that Education Code section 44808 immunized the district and administrators from negligence liability.
The appellate court affirmed the summary judgment on the ground of immunity. Section 44808 immunizes school districts and their employees from liability for the conduct or safety of students when students are not on school property, unless the district or person has undertaken to provide transportation or a school-sponsored activity, or has otherwise specifically assumed responsibility or liability for off-campus activities. There is an except for failure to exercise reasonable care under the circumstances. The plaintiffs asserted that the district and administrators failed to exercise reasonable care under the circumstances. They argued that the immunity did not cover negligent failure to protect a student from bullying on-campus that led to the student's off-campus suicide. But the weight of authority holds that 44808 immunize districts and employees from liability for student safety outside school property unless the student was or should have been directly supervised during a specific undertaking. The provision concerning reasonable care refers to failure to exercise reasonable care during one of the undertakings. Because the decedent committed suicide off-campus during summer break in his home, while he was not and should not have been supervised by any district employee, and no one at the district had assumed responsibility for his well-being, the district and its administrators were immune from liability under section 44808.