A middle school student expressed suicidal thoughts to her teacher. School personnel tried to counsel the student and advised her mother, but the student committed suicide at home during winter break. Her parents sued the school district for wrongful death. The school district moved for summary judgment on the grounds that, under Education Code section 44808, it is immune from liability for off-campus harm. The trial court denied the motion, ruling that the school district could be liable if the failure to exercise reasonable care on campus proximately caused the student’s suicide off campus.
Horvitz & Levy was retained by the school district to file a writ petition. The Court of Appeal granted writ relief. In a published decision, the court held that a school district is immune from liability for off-campus student harm unless the district has specifically undertaken responsibility for the student and that student was or should have been under the immediate and direct supervision of the district at the time of the harm.
Vallejo City Unified School District v. Superior Court 
