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Amicus Report

IASB files Amicus Curiae (“friend of the court”) briefs in a limited number of important appellate cases having statewide significance. In an Amicus brief, IASB presents its perspective on a legal matter having public policy implications. IASB frequently collaborates with other management associations to file an Amici brief.
Updated December 2025
 

IASB Amicus Program Supports School District in Illinois Supreme Court Case Win

IASB filed an Amicus Curiae (friend of the court) brief on behalf of Kankakee SD 111 in a case with statewide significance. 

IASB's Amicus Program supported member board of education Kankakee SD 111 in an important victory before the Illinois Supreme Court involving the application of tort immunity to the supervision of students. 

IASB files Amicus Curiae (“friend of the court”) briefs in a limited number of important Illinois Supreme Court cases that will have statewide significance. Kankakee SD 111, through its legal counsel at Franczek P.C., reached out to IASB for amicus support. 

The issues presented in Haase v. Kankakee School District 111 were whether tort immunity applies to (1) a P.E. teacher’s alleged intermittent supervision of students playing soccer during a P.E. class; and (2) a decision by district administrators not to share a student’s disciplinary history with the P.E. teacher. Under Illinois’ tort immunity law, school districts and their employees are not liable for student injuries that occur under their supervision, unless the conduct is “willful and wanton.” District employees are also not liable for injuries that result from their determination of policy or exercise of discretion. 

The Kankakee SD 111 Board of Education, represented by Franczek P.C., argued the teacher’s conduct was not willful and wanton where the teacher had no reason to foresee harm to the plaintiff student. And, even if the teacher was temporarily distracted when the injury occurred, many prior cases supported that there was no willful or wanton misconduct. Additionally, the district argued it should be immune because it exercised discretion in what behavioral interventions it used to assist the student who caused the injury, and the teacher exercised discretion when he decided how to supervise the P.E. class on the day of the incident. 

On November 20, 2025, the Illinois Supreme Court ruled in favor of the district, finding that the plaintiffs failed to show that the P.E. teacher engaged in willful or wanton misconduct because, although the teacher’s alleged conduct was arguably negligent, the teacher did not show an “utter indifference to or conscious disregard for the safety of others.” Having ruled for the district on this basis, the Court decided it did not need to address the other immunity defenses, including the exercise of discretion. 

The Amicus Brief supporting the district, written by attorneys at the law firm of Robbins Schwartz, made several key points, including: 
  • Ruling for the plaintiff student in this case would expose school employees to liability for everyday decisions made in their professional judgement, opening a floodgate of litigation against school districts. 
  • School administrators and teachers are required as part of their jobs and by law to exercise discretion in managing student behavior. 
  • Courts should not be serving as “super-personnel” of school districts by second-guessing the decisions made by school district employees. 
This case highlights the need to protect the tort immunity defenses normally available to school districts and their employees so that critical resources are not diverted from students to defend a surge of personal injury lawsuits.

IASB extends a special thank you to Kankakee SD 111, its attorneys at Franczek, P.C., and IASB’s Amicus attorneys at Robbins Schwartz for their collaboration to benefit all IASB members across Illinois. 

May 2025

IASB Amicus Program Supports School District in Illinois Supreme Court Case About
Tort Immunity

The Amicus Program of the Illinois Association of School Boards is supporting member board of education Kankakee SD 111 before the Illinois Supreme Court in a case involving the application of tort immunity protections to school districts. IASB files Amicus Curiae (“friend of the court”) briefs in a limited number of important appellate-level cases that will have statewide significance.

The main issues in Haase v. Kankakee School District 111 are whether tort immunity applies to: (1) a P.E. teacher’s alleged intermittent supervision of students playing soccer during a P.E. class; and (2) a decision by District administrators not to share a student’s disciplinary history with the P.E. teacher. In this case, a student was injured by another student while playing soccer in P.E. class. The students had no prior conflict with each other. Under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), school districts and their employees are not liable for student injuries that occur under their supervision, unless the district’s or employee’s conduct is “willful and wanton.” Further, district employees are not liable for injuries that result from their determination of policy or exercise of discretion.

The Kankakee SD 111 Board of Education, represented before the Illinois Supreme Court by attorney Erin Walsh (Franczek, P.C.), argued the teacher’s conduct was not willful and wanton where the teacher had no reason to foresee harm to the plaintiff student. And, even if the teacher was preoccupied when the injury occurred, a long line of prior cases about supervision supports that there was no willful or wanton misconduct. Additionally, the district should be immune because it exercised discretion in what behavioral interventions it used to assist the student who caused the injury, and the teacher exercised discretion when he decided how to supervise the P.E. class on the day of the incident.

The Amicus Brief supporting the district, written by a team of attorneys with the law firm of Robbins Schwartz, including Caroline Roselli, Nikoleta Lamprinakos, Matthew Swift, Katie DiPiero, and Holly Jacobs, made several key points, including:

  • School administrators and teachers are required as part of their jobs and by law to exercise discretion when they manage student behavior and share student record information with school employees.
  • Ruling for the plaintiff student in this case would expose school employees to liability for everyday decisions made in their professional judgement, opening a floodgate of litigation against school districts.
  • District teachers and administrators are in the best position to understand their local communities and students. Courts should not be serving as “super-personnel” of school districts by second-guessing the decisions made by school district employees.

This case highlights the need to protect the defenses normally available to school districts and their employees under Illinois’ Tort Immunity Act so that critical resources are not diverted from students to defend a tide of lawsuits.

IASB extends a special thank you to Kankakee SD 111, its attorneys at Franczek, P.C., and IASB’s Amicus attorneys at Robbins Schwartz for their collaboration to benefit all IASB members across Illinois.

Previous Amicus Reports