Ninth grade student brought action against school district, alleging negligence in failing to provide adequate safety, resulting in student being sexually assaulted by another student. The Circuit Court granted district’s motion for summary judgment and denied motion for reconsideration. Student appealed.
The Court of Appeals, Ishee, J., held that:
- District’s duty to oversee student conduct and school safety involved element of choice or judgment;
- District actions regarding implementation of school-safety measures and student discipline involved social and economic policy; and
- District waived affirmative defense of discretionary immunity.