The Virginia State Supreme Court will hear the state's appeal on awarding damages in the Virginia Tech lawsuit after the campus massacre in 2007.
A panel of three justices rejected a bid by attorneys for the parents who want to sue Tech's president, Charles Steger.
A judge excluded him from a trial in which the state was found negligent for failing to alert the Blacksburg campus of the first shootings.
A jury ruled last March that the university botched its response to the shootings.
A lone gunman and 32 students and faculty were killed in the shooting rampage, the deadliest mass shooting in U.S. history.