Searcy v. Hemet Unified School Dist

In Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, a vehicle struck a student who was walking home from school. The student cited safety manuals and the Vehicle Code as sources of a duty of care. Searcy found that Vehicle Code section 21373, which authorizes school districts to ask the proper governmental agency to install traffic control devices, does not impose a mandatory duty. (Searcy, at p. 801.) Similarly, guidelines in the School Area Pedestrian Safety manual, promulgated by the California Department of Transportation to recommend standards and procedures aimed at bringing about desirable safety conditions, were not internally binding on the school district. (Id. at pp. 801-802.) "Although these advisory materials can be utilized by governmental agencies to improve student safety, the authority they provide is discretionary; they do not impose mandatory duties upon School District." (Searcy, at p. 801.)