In Haase v. Kankakee School District 111 et al., a student was attending gym class while the gym teacher allegedly “provided soccer balls to the students, went to a seat in the corner of the gym, put his feet up, and began using a cellphone and/or a computer.” Subsequently, a student who had a lengthy disciplinary record, including physically violent behavior towards other students, assaulted the Plaintiff.
The Illinois Supreme Court held that the school district and its P.E. teacher are immune from liability for the student’s serious injury during a seventh-grade gym soccer game and reinstated summary judgment for the district and teacher. The court found that, under Section 3-108 of the Local Government and Governmental Employees Tort Immunity Act, schools and employees are only liable for supervision injuries if their conduct is willful and wanton, and here the facts showed, at most, inattentive or negligent supervision—not an “utter indifference” or conscious disregard for student safety.
The Justices emphasized there was no evidence that the teacher knew or, under any policy, should have known, of the allegedly aggressive student’s prior discipline history, and that indoor soccer itself is not an inherently dangerous activity. Because the plaintiffs never properly pled a direct claim that the district itself acted willfully and wantonly, and the teacher’s conduct did not meet that high standard as a matter of law, the court held that Section 3-108 immunity applies, and the derivative family-expense claim also fails.
This ruling makes clear that ordinary supervision lapses, even relatively extreme ones won’t expose a district to liability unless the conduct demonstrates a true disregard for student safety. It confirms that schools remain protected when a teacher’s actions are negligent—but not extreme—even if a student is hurt. It also emphasizes that plaintiffs must plead any direct claim against a district from the beginning, as new theories cannot be introduced later to sidestep statutory immunity.
Source: Haase v. Kankakee School District 111 et al., 2025 IL 131420
