Does a plaintiff have a right to claim damages for failing to provide a safe school?

California, United States of America


The following excerpt is from Gates v. Superior Court, 32 Cal.App.4th 481, 38 Cal.Rptr.2d 489 (Cal. App. 1995):

[32 Cal.App.4th 525] Our conclusion in this regard is consistent with the decisions in Clausing v. San Francisco Unified School Dist. (1990) 221 Cal.App.3d 1224, 1234-1238, 271 Cal.Rptr. 72 and Leger v. Stockton Unified School Dist. (1988) 202 Cal.App.3d 1448, 1454-1457, 249 Cal.Rptr. 688. In those cases, different Courts of Appeal held that the provisions of article I, section 28, subdivision (a) which provided for safe schools did not give rise to a right to a monetary damages. 15 Citing the

Page 517

[32 Cal.App.4th 526]

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