Parents and plenary guardians of a disabled female student sued after student was sexually assaulted, while on a special needs school bus, by a minor male student. Plaintiffs alleged that male student was not a person with disabilities but rode the bus with his brother, allegedly under the sibling transportation policy. Sections 2-205 and 2-103 of Tort Immunity Act apply to bar Plaintiffs' claim that bus driver and bus aide failed to enforce the Reporting Act, but do not apply to the Board's failure to enforce the 3 policies (sibling transportation policy, guidelines for principals,a nd sexual harassment policy), as they are not laws under the Act. Sections 4-102 and 2-201 of the Act do not bar Plaintiffs' claims. (CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Tort Immunity Act