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Doe Parents No. 1 v. State11/27/2002
ool grounds where Miller was injured. Id. at 340-41, 536 P.2d at 1200. Absent evidence that the area in which Miller was injured "was dangerous in character or likely to be dangerous because of known deviant conduct of students or of others," thereby "requiring specific supervision," this court held that the school was not subject to a duty to single out either the area or Yoshimoto. Id. at 341, 536 P.2d at 1200. We explained that
he duty of reasonable supervision does not require the to provide personnel to supervise every portion of the school buildings and campus area. However, if certain specific areas are known to the as dangerous, or the should have known that a specific area is dangerous, or the knew or should have known that certain students would or may conduct themselves in a manner dangerous to the welfare of others, [the DOE's] duty of reasonable supervision would require specific supervision of those situations. Id.
However, because Miller had failed to establish that the DOE had breached the duty of care that it owed her, this court affirmed the trial court's judgment in favor of the State. Id. at 341-42, 536 P.2d at 1200-201. Because the Miller court grounded the duty of care that the DOE owed to Miller in the DOE's policies and regulations, it did not discuss whether the DOE shared a "special relationship" with students and their parents.
In Kim, we held the DOE to the duty of care that we had articulated in Miller, without further elaboration as to its source. Several high school students were engaging in "disruptive behavior," i.e., "giggling, scooting of chairs, whispering, and some gestur " that "apparently directed" at Kim -- a new student at the school -- during class. 62 Haw. at 485, 492, 616 P.2d at 1378, 1383. The classroom teacher rebuked the disruptive students. Id. at 485, 616 P.2d at 1378. The following day, the teacher overheard several students conversing in an unruly manner in the hallway outside her classroom; Kim was inside the teacher's classroom at the time. Id. "Minutes later, a large male student, a newly-enrolled tenth grader the teacher did not know at that time, entered the room and advanced determinedly and aggressively towards" Kim. Id. at 486, 616 P.2d at 1378. The teacher fled the classroom, seeking the principal's and vice-principal's assistance, both of whom occupied offices adjacent to the classroom. Id. at 486, 616 P.2d at 1379. Meanwhile, the intruding student pummeled Kim, who sustained "serious injuries" as a result. Id. Arriving quickly on the scene, the principal and the vice-principal, apparently with some difficulty, overcame Kim's assailant and "restore order." Id. Kim sued the State, claiming that his injuries were legally caused by the DOE's negligence in failing adequately to police, control, and supervise the classroom where he had been attacked, as well as in "otherwise neglecting to adopt measures to ensure his safety." Id. The trial court entered judgment in favor of the State and Kim appealed. Id. at 484, 616 P.2d at 1378.
On appeal, we reiterated that the DOE's duty reasonably to supervise students "entails 'general supervision of students, unless specific needs, or a dangerous or likely to be dangerous situation calls for specific supervision.'" Id. at 491-92, 616 P.2d at 1381-82 (quoting Miller, 56 Haw. at 340, 536 P.2d at 1199). With respect to whether the school's administrators and teachers "should have been aware of the imminent danger of an intrusion by a student with a propensity for violence," this court determined that the students' disruptive behavior the previous day "was not such [conduct] that would give rise to a probability of an invasion of the classroom by another student with
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