Plaintiffs sued the school district for alleged violations of NCLB’s choice provision. The School Code does not provide a private cause of action for damages, nor does Illinois recognize the tort of educational malpractice. The Tort Immunity Act further bars such complaints. The purpose of the Tort Immunity Act is to protect local public entities and public employees from liability arising from the operation of government. By providing immunity the Ill. Gen. Assembly sought to prevent public funds from being diverted from their intended purpose to the payment of damages claims.
Read the entire decision here: www.illinoiscourts.gov/Opinions/AppellateCourt/2015/2ndDistrict/2140704.pdf.