California Codes
Cal. Education Code § 44807 (2026)
✓ current as of May 2026
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Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The provisions of this section are in addition to and do not supersede the provisions of Section 49000.
Notes of Decisions
Cited in 29
cases (8 in the last 5 years), 1987–2025 · leading case: Hoff v. Vacaville Unified Sch. Dist., 968 P.2d 522 (Cal. 1998).
Hoff v. Vacaville Unified Sch. Dist., 968 P.2d 522 (Cal. 1998). “street"; (3) "owed a duty of due care to [Hoff] to fulfill [its] statutory duty to supervise [its] students on the campus and [its] assumed duty to supervise students with reasonable care on the public street as they leave the high school premises"; and (4) was "negligent in the…”
Kahn v. East Side Union High Sch. Dist., 75 P.3d 30 (Cal. 2003). “She presented evidence that McKay was a school district employee who had primary authority over the school's swim teams, that he was in charge of the swim meet, that plaintiff had conveyed to him both how upset she was about being required to dive at the meet and that she felt…”
Avila v. Citrus Cmty. Coll. Dist., 131 P.3d 383 (Cal. 2006). “) Separate and apart from the body of law governing premises liability claims, another body of law establishes that public schools and universities owe certain non-property-based duties to their students.”
People v. Randy G., 28 P.3d 239 (Cal. 2001). “" (Ed.Code, § 44807.) Encounters on school grounds between students and school personnel are constant *522 and much more varied than those on the street between citizens and law enforcement officers.”
M. W. v. Panama Buena Vista Union Sch. Dist., 2003 Cal. Daily Op. Serv. 6157 (Cal. Ct. App. 2003). “5, § 5552 [where playground supervision is not otherwise provided, principal of school must provide for supervision by certificated employees of pupils on the school grounds during recess and other intermissions and before and after school].”
Freedom From Religion v. Chino Valley Uni. Sch. Dist., 896 F.3d 1132 (9th Cir. 2018). “” Cal. Educ. Code § 44807 . Beyond direct physical control, the school district also holds a more subtle power over the students’ academic and professional FREEDOM FROM RELIGION FOUND.”
Guzman v. Cnty. of Monterey, 209 P.3d 89 (Cal. 2009). “2d 522 ] [“By its terms, Education Code section 44807 requires only ‘teacher[s]’ to hold pupils to a strict account for their conduct; it does not purport to impose a mandatory duty more broadly on any public entity.”]; Forbes, supra, 101 Cal.App.4th at p.”
Lilley v. Elk Grove Unified Sch. Dist., 98 Cal. Daily Op. Serv. 9242 (Cal. Ct. App. 1998). “As we shall explain in the published part of this opinion, Education Code section 44807, which imposes upon teachers a general duty to supervise students, does not evince an intent to modify common law assumption of the risk principles.”
Torsiello v. Oakland Unified Sch. Dist., 197 Cal. App. 3d 41 (Cal. Ct. App. 1987). “Education Code Section 44807 Appellant contends that section 44807 establishes a special relationship between pupils and teachers giving rise to a concomitant duty to exercise reasonable care under the circumstances, and that under the terms of the statute teachers are required…”
I.K. Ex Rel. E.K. v. Sylvan Union Sch. Dist., 681 F. Supp. 2d 1179 (E.D. Cal. 2010). “” In the claims for battery and assault, the state court complaint alleges that Barries and the School District *1202 “breached their duty of care under California Education Code §§ 44807 and 49000, California Penal Code § 1165.”
Forbes v. Cnty. of San Bernardino, 123 Cal. Rptr. 2d 721 (Cal. Ct. App. 2002). “6, a statute must impose a duty on the specific public entity sought to be held liable.”
Lucas v. Fresno Unified Sch. Dist., 93 Cal. Daily Op. Serv. 2380 (Cal. Ct. App. 1993). “Education Code section 44807 provides in pertinent part: “Every teacher in public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess.”
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