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Court upholds school district and employees’ immunity from liability for student off-campus, unsupervised injuries

A California Court of Appeal has held that a school district and its employees are not responsible for the safety of a student when the student is not on school property, unless the student is involved in activities undertaken or supervised by the school district. In reaching its decision, the court interpreted Education Code section 44808 to limit a school district’s liability for after-hours, off-campus activities, and reasoned that courts may only impose liability for off-campus injuries when the student is involved in activities supervised or undertaken by the school.

The main takeaway is that school districts and their employees are immune from liability when a student is injured while not on school property, unless the student is involved in activities undertaken or supervised by the school district.

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