Jackson v. Chicago Board of Education

549 N.E.2d 829, 192 Ill. App. 3d 1093, 140 Ill. Dec. 178, 1989 Ill. App. LEXIS 1980
CourtAppellate Court of Illinois
DecidedDecember 29, 1989
Docket1-88-3029
StatusPublished
Cited by46 cases

This text of 549 N.E.2d 829 (Jackson v. Chicago Board of Education) 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
Jackson v. Chicago Board of Education, 549 N.E.2d 829, 192 Ill. App. 3d 1093, 140 Ill. Dec. 178, 1989 Ill. App. LEXIS 1980 (Ill. Ct. App. 1989).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Betty Jackson (plaintiff) brought an action in the circuit court of Cook County against defendants. Chicago Board of Education (the Board), Ruby L. Rhodes, Bertha Easterling, and Keith Washington for personal injury she sustained in an educably mentally handicapped (EMH) classroom in February 1982, when she was struck by a chalkboard clip thrown by defendant Washington. The circuit court granted, summary judgment in favor of defendants Rhodes, the Board and Easterling. Plaintiff appeals from this judgment, contending that the circuit court erred in applying a willful and wanton misconduct standard to her case and, alternatively, that the court improperly granted summary judgment under the willful and wanton standard. We affirm.

The following deposition testimony was presented to the circuit court on the summary judgment motion. Rhodes testified that on February 24, 1982, she taught 14 children, ages ranging from 12 to 15 years, in an EMH class at Bryn Mawr Elementary School in Chicago, Illinois. On her 20-minute scheduled break that day, she left the classroom at 1:12 p.m. to be attended by Easterling, a teacher’s aide who simultaneously supervised a “regular” second-grade class during this recess period. Rhodes returned to the classroom by 1:32 p.m.

Easterling testified that during the recess period, as part of her regular duties, she went back and forth between the EMH classroom and the regular second-grade classroom, leaving each class unattended for a minute at a time. While she monitored the “regular” second-grade classroom, she heard yelling in the EMH classroom. She then returned to the EMH classroom.

Plaintiff testified that Easterling did not enter the room during the recess break. The children in the classroom were acting “wild,” sitting on the desks, standing at the back of the room, and play-fighting. While she was in the back of the room, someone called her name. When she turned around, she was hit in the eye by a chalkboard clip.

Washington testified that Rhodes was gone a short time when he began tossing a “paper clip” in the air and catching it. He mistakenly threw the clip backwards over his shoulder. He was not aware that it hit plaintiff until he heard her holler. He further testified that 20 minutes elapsed from the time of the accident until Rhodes returned, and no adult was present during the recess period.

Donnell Jackson, another student in the EMH class, testified that Rhodes had been gone approximately one-half hour before the accident occurred. He observed a teacher’s aide appear in the doorway one time during Rhodes’ absence, but he did not know if the aide was present at other times.

Plaintiff testified that Washington had never hurt her before, and “he wasn’t that type of person.” He was a “wild” person, meaning that he played with the other boys, was macho, and was like any other boy. He was not a bully or a troublemaker. Rhodes similarly testified that Washington was a well-mannered boy with no previous behavioral problems, and Easterling stated she had no knowledge of any behavioral problems with Washington and had never noticed any prior unusual conduct in the EMH class.

Rozanne Deutsch, the school psychologist, testified that children are placed in an EMH class because of low “IQ” and that children with behavioral disorders are placed in a separate class for behavioral disorders. Washington was a 15-year-old boy functioning at a first- or second-grade level. None of Washington’s school records indicated any behavior disorder or prior aggressive behavior.

Plaintiff introduced an affidavit of Dr. Patricia Shafer, a psychologist, wherein Shafer stated her opinion that a mentally handicapped 15-year-old child, functioning educationally at a seven-year-old child’s level, without the presence of an authority figure is “more likely to act on his immediate impulses resulting in unintended consequences.” She further stated her belief that “a class of mentally handicapped children, functioning at the mental age of 7 or 8, should not be left unattended for any period of time.”

In granting summary judgment in favor of defendants, the circuit court applied the willful and wanton standard as set forth in Kobylanski v. Chicago Board of Education (1976), 63 Ill. 2d 165, 347 N.E.2d 705. In Kobylanski, our supreme court interpreted the Illinois School Code (School Code) (Ill. Rev. Stat. 1987, ch. 122, pars. 24 — 24, 34 — 84a) as conferring upon teachers and other certificated educational employees in disciplinary and nondisciplinary supervisional matters the status of in loco parentis, thereby extending to them the parental immunity from ordinary negligent conduct and requiring proof of willful and wanton misconduct as a prerequisite to imposition of liability.

On appeal, plaintiff initially contends that the circuit court erred in applying a willful and wanton misconduct standard rather than an ordinary negligence standard to her case. Defendants Easter-ling and the Board object to our consideration of this issue on the ground that plaintiff’s pleadings allege only willful and wanton misconduct and not ordinary negligent conduct. The only issue properly preserved for appeal, they argue, is whether the circuit court correctly granted summary judgment based upon the proof relating to the alleged willful and wanton misconduct. Because we have discretionary authority under Supreme Court Rule 366(a)(1) (107 Ill. 2d R. 366(a)(1)) to “exercise all or any of the powers of amendment of the circuit court” on just terms and because no prejudice will result to defendants since the issue was repeatedly argued in the circuit court, we will consider plaintiff’s contention.

Plaintiff first argues that Illinois case law and legislative provisions demonstrate that the limited immunity afforded teachers by the School Code is not applicable to an EMH classroom setting. We disagree.

To support her contention, plaintiff cites a line of cases subsequent to Kobylanski which have found the School Code immunity inapplicable in certain contexts. In the first of these cases, Gerrity v. Beatty (1978), 71 Ill. 2d 47, 373 N.E.2d 1323, the Illinois Supreme Court expounded on the scope of the School Code immunity. The court stated that the immunity extends only to matters arising out of the “teacher-student relationship in matters relating to the teacher’s personal supervision and control of the conduct or physical movement of a student.” (71 Ill. 2d at 52, 373 N.E.2d at 1326.) It explained that the statutorily granted immunity reflects a legislative determination that an orderly and conducive learning atmosphere requires between teacher and student the same disciplinary and supervisory authority as exists between parent and child and that this relationship would be seriously jeopardized if teachers and school districts were amenable to ordinary negligence actions for accidents occurring in the course of the exercise of such authority.

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Cite This Page — Counsel Stack

Bluebook (online)
549 N.E.2d 829, 192 Ill. App. 3d 1093, 140 Ill. Dec. 178, 1989 Ill. App. LEXIS 1980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-chicago-board-of-education-illappct-1989.