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Civil Action

The parent or guardian of any minor whose willful misconduct results in injury or death to any pupil, employee, or volunteer in a district or who willfully cuts, defaces, or injures the property of any such person is liable for damages not to exceed $10,000. The parent or guardian is also liable for all property belonging to the district loaned to a minor and not returned upon demand. Ed. Code 48904.

A teacher may request the school district to take legal action against a pupil (or the pupil's parents) when the teacher or his/her property is injured or damaged by the pupil while: (1) located on district property; (2) being transported to or from a district activity; (3) present at a district activity; or (4) in retaliation for an employee's lawful acts in the line of duty. Ed. Code 48905.

In addition, injured teachers may have a right of action against the school district. In June, 1982, California voters approved Proposition 8, the so-called "Victims Bill of Rights." Among other things, this Constitutional amendment added a Constitutional right to safe schools. Article I, Section 28c provides that all public school students and staff have an "inalienable right to attend campuses which are safe, secure and peaceful."