Legal Question in Education Law in Illinois

my daughter broke her arm and got a concussion in gym class during a group (pack) run of multiple students. Thankfully I have insurance through work that covered thousands, but I was out hundreds in out of pocket expenses with medical bills. I was denied my claim for reimbursement based on the following "per the Illinois Statutory Immunity Act, for a public institution to be liable, their acts must be willful or wanton in nature". Please explain how a teacher can tell a student to run in a group (willful) and her injury doesn't have anything to do with the teachers orders? But on the other hand she (the student) is punished by the grading system if she tells the teacher that she doesn't want to run due to possible injury? This is a double edged sword for I'm trying to see where my daughters rights are and in this case....it doesn't look like she has any.....nor any other child in which this happens to in the future.


Asked on 4/22/10, 5:49 pm

1 Answer from Attorneys
Kenneth Goetz

You will benefit from an in person consultation with an attorney recommended by your local bar association. It is not surprising to receive a denial letter in response to a request for reimbursement.

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Answered on 5/04/10, 11:22 am


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