
979 P.2d 1161 (1999)
132 Idaho 803
Emily COONSE, by and through her natural parents, Wade Coonse and Rhonda Coonse, Plaintiffs-Appellants,
v.
BOISE SCHOOL DISTRICT and School Board of Boise School District, Defendants-Respondents.
No. 24637.
Supreme Court of Idaho, Boise, February 1999 Term.
May 26, 1999.
*1162 Anderson, Kane & Tobiason, Boise, for appellants. Michael J. Kane argued.
Anderson, Julian & Hull, LLP, Boise, for respondents. Brian K. Julian argued.
SILAK, Justice.
This appeal involves a tort action against the Boise School District for an alleged assault which occurred during recess on the playground of Garfield Elementary School.

I.

FACTS AND PROCEDURAL BACKGROUND
In February of 1995, Emily Coonse, then in third grade at Garfield Elementary, walked behind an outbuilding while at recess on the playground. While there, she was allegedly assaulted by a group of older boys. She alleges that thefailure of the Boise School District (the District) to properly supervise her was a proximate cause of the assault. As a result of the assault, she allegedly became severely emotionally traumatized and went through a period of depression. She also is alleged to have suffered painful illness and medical treatment as a result of the assault. Her complaint states that she withdrew from Garfield Elementary School upon the advice of her psychological caregivers.
In April of 1997, Emily's parents filed a complaint against the District and School Board alleging that Emily was assaulted due to the District's negligent supervision. The complaint also alleged that the District, in failing to properly supervise Emily and the other students involved, breached its statutory duty to protect the morals and health of its