The school bus didn’t show up. . .

Imagine the following scenario: A parent drops off her child at the bus stop, assuming the bus will show up like it does every day. It doesn’t. So the child hitches a ride to school with a friend. On the way to school, tragedy strikes. Is the school liable? Yes, according to the recent Court of Appeal opinion in Brinsmead v. Elk Grove Unified School District. Even though the injury did not occur while the student was on the school bus, California law imposes liability on the school as soon as it “undertakes” to provide transportation to and from school.

Education Code § 44808

Education Code Section 44808 discusses school liability for student injuries occurring off campus. It holds that a school may be liable when it has “undertaken” to provide transportation to and from school.  What does “undertaken” mean? That’s where the recent Court of Appeal decision comes into play.

Brinsmead v. Elk Grove Unified School District

The Court in Brinsmead analyzed section 44808’s choice of the phrase “undertaken to provide transportation”.

G. was a 16-year-old girl enrolled to take the school bus for the 2019-2020 academic school year. On a morning in January 2020, she waited over 40 minutes for the school bus to show up. It never did. She then got a ride to school with her friend. Sadly, they were hit by another driver head-on, and G. was killed in the collision. Her parents sued the school district, arguing that the school was responsible for G.’s death because the school had undertaken to provide her with transportation to and from the school. The bus’s failure to arrive led to the tragic consequences of G. being killed in a collision.

The trial court, agreeing with the school district, held that the school district had not yet begun to undertake the transportation of G. to school on the date in question because she had not gotten on the bus.  The Court of Appeals reversed. It held that “undertakes to provide transportation” connotes both the physical transportation of the student from point A to point B, as well the promise or engagement to provide that transportation. Liability under section 44808, will therefore attach when the district accepts the responsibility of providing transportation to and from school. It is the promise to provide the ride to school that is the premise for the school district’s liability.

Conclusion

Schools owe a special relationship to their students. As the Brinsmead decision shows, this special relationship and its related duties can attach even before the child steps foot on the bus. As long as the school accepts the responsibility to transport the student to and from school, it is charged with making sure that happens safely. A school’s promise to provide the student a ride to and from school can trigger the special relationship rules and associated liability. 

If you have questions about a school or school-related injury for your child, my office is ready to assist, 24/6.