183 Ill. App. Although the school district has the authority to purchase and furnish equipment to students, this authority is not shared with teachers and coaches. In Courson v. Danville School District No. The court observed that the saw's operating manual implied that using the guard might not be practicable in certain operations. Thus, the failure to use the guard could have been a discretionary decision rather than mere negligence.
Similar questions exist here.
The complaint alleges that he did not, an allegation we must take as true for purposes of a motion to dismiss. As discussed above, the school board has the duty and discretion to provide apparatus for use in classes. It is not clear that such authority can ever be delegated or, if it can be, whether the teacher in this case actually had such authority. Moreover, it is not clear that the purchase of a single piece of equipment can be considered a policy determination as required for immunity under Harinek . These questions cannot be resolved in the context of a motion to dismiss.