Hopwood v. Elmwood Community High School District 322

525 N.E.2d 247, 171 Ill. App. 3d 280, 121 Ill. Dec. 441, 1988 Ill. App. LEXIS 899
CourtAppellate Court of Illinois
DecidedJune 17, 1988
Docket3-87-0435
StatusPublished
Cited by4 cases

This text of 525 N.E.2d 247 (Hopwood v. Elmwood Community High School District 322) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hopwood v. Elmwood Community High School District 322, 525 N.E.2d 247, 171 Ill. App. 3d 280, 121 Ill. Dec. 441, 1988 Ill. App. LEXIS 899 (Ill. Ct. App. 1988).

Opinion

JUSTICE WOMBACHER

delivered the opinion of the court:

This is a personal injury action arising out of injuries sustained by the plaintiff, Dawn Hopwood (Dawn), while enrolled at Elmwood Community High School District 322 (Elmwood High). Dawn’s father, Dennis, claims recovery for medical bills under section 15 of the lilinois Marriage and Dissolution of Marriage Act (hereinafter the Act) (111. Rev. Stat. 1985, ch. 40, par. 1015). Plaintiffs appeal the trial court’s entry of summary judgment for the defendant, Lois Silzer, a teacher at Elmwood Community High School, and dismissal of their complaint against the school district.

Dawn injured her knee on October 4, 1982, while participating in a physical education class offered by defendant Elmwood High. Defendant Lois Silzer (Silzer), the instructor, required Dawn to participate in the physical education class during which Dawn’s knee collapsed.

Dawn, by her father and next friend, Dennis, alleges Silzer acted recklessly in disregarding Dawn’s safety by requiring her to participate in physical education while aware of Dawn’s physical limitations.

Dawn claimed she informed Silzer of her previous knee injury, in addition to her doctor’s submitting a written excuse to Dawn’s former physical education instructor on September 3, 1981, approximately a year earlier, which precluded her from participating in physical education activities for two weeks and thereafter allowed such activity as she was able to tolerate. Thereafter, Silzer required Dawn to provide her with a written excuse from Dawn’s mother. Dawn obtained a note from her mother per Silzer’s request. In addition to Silzer, Ken Mauer, the principal, claimed they did not receive the doctor’s excuse. Plaintiffs also complain the defendant school district was administratively negligent due to certain administrative acts and policies. Specifically, plaintiffs charge certain nonteaching personnel failed to properly forward the doctor’s notes Dawn obtained and submitted.

The trial court entered summary judgment for Lois Silzer on this issue of Silzer’s willful and wanton misconduct. The trial court dismissed with prejudice the remaining counts of administrative negligence against the school district.

Plaintiffs contend the trial court erred in dismissing the administrative negligence counts against Elmwood Community School District because the acts complained of were not within the scope of the immunity, which covers only direct student-teacher relationships. In other words, plaintiffs complain the trial court improperly expanded instructor’s immunity to include administrative negligence. We disagree.

Statutory immunity regarding school districts is controlled by section 24 — 24 of the School Code (the Code) (111. Rev. Stat. 1985, ch. 122, par. 24 — 24), which provides in pertinent part:

“Teachers and other certificated educational employees shall maintain discipline in the schools, including school grounds which are owned or leased by the board and used for school purposes and activities. In all matters relating to the discipline in and conduct of the schools and the school children, they stand in the relation of parents and guardians to the pupils. This relationship shall extend to all activities connected with the school program and may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians.”

This section of the School Code has been deemed to confer immunity upon teachers, certificated educational employees, and school districts from suits for negligence as to any activities connected with school programs. (Kobylanski v. Chicago Board of Education (1976), 63 Ill. 2d 165, 347 N.E.2d 705.) In the absence of proof of willful and wanton misconduct, teachers and certificated educational employees, and school districts are not liable for ordinary negligence. (Kobylanski, 63 Ill. 2d at 172-73.) Do the administrative personnel fall within the parameters of this immunity? The supreme court in Kobylanski held that physical education classes are within the protection of the statutory immunity created by the Code (111. Rev. Stat. 1985, ch. 122, par. 24 — 24). However, the plaintiffs do not raise this issue; rather, they question whether the administrative acts and record-keeping functions performed by administrative personnel are protected by this type of immunity.

Principals and superintendents are certificated personnel under section 24 — 24 of the Code, and their actions should be deemed immune from suit. (Pomrehn v. Crete-Monee High School District (1981), 101 Ill. App. 3d 331, 427 N.E.2d 1387.) The defendant points out the plaintiffs did not specify the personnel that failed to forward Dawn’s medical excuses. Nevertheless, the principal and superintendent are responsible for the administration of the school. Therefore, since they are immune, their immediate inferiors should be likewise immune under the same policy. This case is very similar to thé Kobylanski case, and we will follow the supreme court’s reasoning and precedent in this situation.

Kobylanski involved a suit against a school district in which the plaintiff was injured while performing certain acrobatic exercises during physical education class. First, it was determined, from Kobylanski, the plaintiff must plead and prove the defendant was guilty of willful and wanton misconduct in order to overcome any immunity problems. Second, the relevant statute provides this loco parentis relationship extends to all activities connected with the school program. Do the administrative tasks and record keeping fall within this loco parentis relationship? This is apparently a question of first impression in Illinois. The supreme court held the language of this applicable immunity statute was intended to confer the status of loco parentis in nondisciplinary as well as disciplinary matters. (Kobylanski, 63 Ill. 2d at 172.) Since record keeping and administrative details are necessary for the effective administration of a school and its programs, the personnel are protected by this immunity. Kobylanski involved a direct student-teacher relationship, whereas in the present case the plaintiff is attempting to sue for the negligent conduct of nonteaching personnel. We find the personnel and the tasks they perform are covered by this applicable immunity for ordinary negligence.

Plaintiffs next contend the trial court erred in granting summary judgment in favor of Lois Silzer, since there remains a material question of fact. We find the trial court did not err in granting summary judgment. It is this court’s opinion the facts of this case do not establish a materiaf issue regarding Silzer’s willful and wanton misconduct. Dawn Hopwood was 16 years old when her injury occurred. A year prior, she was told by her physician to refrain from physical education class for two weeks following her original injury, thereafter, she was to participate as she could tolerate the stress.

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Bluebook (online)
525 N.E.2d 247, 171 Ill. App. 3d 280, 121 Ill. Dec. 441, 1988 Ill. App. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopwood-v-elmwood-community-high-school-district-322-illappct-1988.