2005 Idaho Code - 33-512B — SUICIDAL TENDENCIES -- DUTY TO WARN

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 5
                              DISTRICT TRUSTEES
    33-512B.  SUICIDAL TENDENCIES -- DUTY TO WARN. (1) Notwithstanding the
provisions of section 33-512(4), Idaho Code, neither a teacher nor a school
district shall have a duty to warn of the suicidal tendencies of a student
absent the teacher's knowledge of direct evidence of such suicidal tendencies.
    (2)  "Direct evidence" means evidence which directly proves a fact without
inference and which in itself, if true, conclusively establishes that fact.
Direct evidence would include unequivocal and unambiguous oral or written
statements by a student which would not cause a reasonable teacher to
speculate regarding the existence of the fact in question; it would not
include equivocal or ambiguous oral or written statements by a student which
would cause a reasonable teacher to speculate regarding the existence of the
fact in question.
    (3)  The existence of the teacher's knowledge of the direct evidence
referred to in subsections (1) and (2) of this section shall be determined by
the court as a matter of law.