Donovan v. Communit Unit School District 303
37 N.E.3d 313
Ill. App. Ct.2015Background
- Donovan and Schulze sue Community Unit School District 303 on behalf of a class alleging the 2011 Plan reconfiguring Davis and Richmond violated the NCLB and the Illinois School Code, causing their children to attend a lower‑performing school without the required choice option.
- The 2011 Plan merged two K–5 elementary schools into Davis (K–2) and Richmond (3–5), eliminating transfer choice for Richmond students.
- Richmond failed to achieve adequate yearly progress (AYP) for multiple years, triggering SIP actions and a district-wide mismatch with NCLB requirements.
- Parents’ damages claim included costs for private school tuition and other losses arising from forced attendance at Richmond, plus requests for class certification, attorney fees, and equitable relief.
- The trial court dismissed the complaint as barred by section 2‑103 of the Tort Immunity Act (immunity) and rejected any implied private cause of action under the School Code/NCLB; this court affirms, upholding immunity and dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2‑103 immunity bars the claims | 2‑103 does not distinguish ministerial from discretionary acts | Immunity applies to adopting or failing to enforce laws; no ministerial exception | Yes, immunity bars the claims |
| Whether a private damages action exists under the School Code/NCLB | Damages under School Code/NCLB are available | No private damages action exists under these statutes | No private damages action exists; implied action not recognized |
| Whether ministerial vs discretionary act distinction matters under 2‑103 | Act alleged was ministerial; immunity should not apply | Section 2‑103 has no ministerial exception | Court treated 2‑103 as controlling, no ministerial exception applicable |
Key Cases Cited
- Van Meter v. Darien Park District, 207 Ill. 2d 359 (Ill. 2003) (Tort Immunity Act affirmatively protects local entities)
- Village of Bloomingdale v. CDG Enterprises, Inc., 196 Ill. 2d 484 (Ill. 2001) (statutory interpretation; no immunity limit without express language)
- Pouk v. Village of Romeoville, 405 Ill. App. 3d 194 (2nd Dist. 2010) (willful/negligent enforcement immunity under 2‑103 observed)
- Jost v. Bailey, 286 Ill. App. 3d 872 (1st Dist. 1997) (discusses immunity context under different statutes)
- Clarke v. Community Unit School District 303, 2012 IL App (2d) 110705 (2d Cir. 2012) (re writ of mandamus; School Code/NCLB issues framed on appeal)
- Clarke v. Community Unit School District 303, 2014 IL App (2d) 131016 (2d Cir. 2014) (Clarke II; waiver by USED; relevance to procedural posture)