Illinois Appellate Court
Civil Court
School Districts
Plaintiff high school student alleged that other students subjected him to bullying, and that School District failed to provide safe environment, causing mental and physical injuries. Although School Code mandates that each school district create and maintain policy on bullying, a policy may afford school district discretion to determine whether bullying has occurred, what consequences will result, and remedial actions. Thus, how a school official handles instance of bullying fits within definition of a discretionary act, and Tort Immunity Act applies to immunize School District from liability. (BIRKETT and SPENCE, concurring.)