2023 Illinois Compiled Statutes › Chapter 745 - CIVIL IMMUNITIES › 745 ILCS 25/ - Tort Liability of Schools Act.

(745 ILCS 25/0.01) (from Ch. 122, par. 820)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the Tort Liability of Schools Act.
(Source: P.A. 86-1324.)
(745 ILCS 25/1) (from Ch. 122, par. 821)
Sec. 1. 
		
		The General Assembly finds and hereby enacts as the public policy
of the State of Illinois that public schools in the exercise of purely
governmental functions should be protected from excessive diversion of
their funds for purposes not directly connected with their statutory
functions, if there is liability imposed by any court, and that there
should be a reasonable distribution among the members of the public at
large of the burden of individual loss from injuries incurred as a result
of negligence in the conduct of school district affairs; and that
non-profit private schools conducted by bona fide eleemosynary or religious
institutions should be protected from excessive diversion of their funds
for purposes not directly connected with their educational functions and
also that there should be a reasonable contribution by non-profit private
schools conducted by bona fide eleemosynary or religious institutions
toward alleviation of the burden of individual loss arising from injuries
incurred as a result of negligence in the conduct of such non-profit
private schools.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/2) (from Ch. 122, par. 822)
Sec. 2. 
		
		No civil action shall be commenced in any court against any school
district or non-profit private school by any person for any injury to his
person or property unless it is commenced within one year from the date
that the injury was received or the cause of action accrued.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/3) (from Ch. 122, par. 823)
Sec. 3. 
		
		Within six months from the date that such injury was received or
such cause of action accrued, any person who is about to commence any civil
action in any court against any school district for damages on account of
any injury to his person or property shall file in the office of the school
board attorney, if there is a school board attorney, and also in the office
of the clerk or secretary of the school board, either by himself, his agent
or attorney, a statement in writing signed by himself, his agent or
attorney, giving the name of the person to whom the cause of action has
accrued, the name and residence of the person injured, the date and about
the hour of the accident, the place or location where the accident occurred
and the name and address of the attending physician, if any.
With respect to non-profit private schools the statement in writing
required hereunder shall be filed in the office of the Superintendent or
Principal of such school.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/4) (from Ch. 122, par. 824)
Sec. 4. 
		
		If the notice provided by Section 3 is not filed as provided
therein, any such civil action commenced against any school district or
non-profit private school shall be dismissed and the person to whom any
such cause of action accrued for any personal injury or property damage
shall be forever barred from further suing.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/5) (from Ch. 122, par. 825)
Sec. 5. 
		A. 
		The amount recovered in each separate cause of action against a
public school district shall not exceed $10,000.00, except as is otherwise
provided by law.
B. The amount recovered in each separate cause of action against a
non-profit private school shall not exceed $10,000.00.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/6) (from Ch. 122, par. 826)
Sec. 6. 
		
		In case of injury occurring prior to the effective date of this
Act, where action for such injury is not barred by the provisions of "An
Act in regard to limitations", approved April 4, 1872, as amended, no
civil action shall be commenced in any court against any school district or
non-profit private school by any person for any injury to his person or
property unless it is commenced within one year from the effective date of
this Act.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/7) (from Ch. 122, par. 827)
Sec. 7. 
		
		Within six months from the effective date of this Act any person
who is about to commence any civil action in any court against any school
district for damages on account of any injury to his person or property
occurring prior to the effective date of this Act shall file in the office
of the school board attorney, if there is a school board attorney, and also
in the office of the clerk or secretary of the school board, either by
himself, his agent or attorney, a statement in writing signed by himself,
his agent or attorney, giving the name of the person to whom the cause of
action has accrued, the name and residence of the person injured, the date
and about the hour of the accident, the place or location where the
accident occurred and the name and address of the attending physician, if
any.
With respect to non-profit private schools the statement in writing
required hereunder shall be filed in the office of the Superintendent or
Principal of such school.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/8) (from Ch. 122, par. 828)
Sec. 8. 
		
		If the notice provided by Section 7 is not filed as provided
therein, any such civil action commenced against any school district or
non-profit private school shall be dismissed and the person to whom any
such cause of action accrued for any personal injury or property damage
shall be forever barred from further suing.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/9) (from Ch. 122, par. 829)
Sec. 9. 
		A. 
		The amount recovered in each separate cause of action against a
public school district for injuries to person or property occurring prior
to the effective date of this Act shall not exceed $10,000.00, except as is
otherwise provided by law.
B. The amount recovered in each separate cause of action against a
non-profit private school for injuries to person or property occurring
prior to the effective date of this Act shall not exceed $10,000.00.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/9.5)
Sec. 9.5. Tort immunity fund transfers. Notwithstanding any provision of the School Code to the contrary, if a school board determines that there are educational needs that will go unmet because of a lack of funds in the district's educational, operations and maintenance, and transportation funds, that there exists a sufficient fund balance in the district's tort immunity fund to meet those educational needs, and that a transfer will not cause the district to realize increased tort exposure, then the school board of any school district (i) that is subject to the Property Tax Extension Limitation Law, (ii) that has a population of less
than 500,000 inhabitants, (iii) that is levying at its maximum
tax rate, (iv) whose total equalized assessed valuation has
declined 20% in the prior 2 years, (v) in which 80% or more
of its students receive free or reduced-price lunch, and (vi) that had an equalized assessed valuation of less than $207 million but more than $203 million in the 2011 levy year may annually, until July 1, 2016, transfer money from the tort immunity fund of the district to the educational fund, the operations and maintenance fund, or the transportation fund of the district by proper resolution following a public hearing set by the school board or the president of the school board, with notice as provided in subsection (a) of Section 17-2A of the School Code, so long as the district meets the qualifications set forth in this Section on the effective date of this amendatory Act of the 98th General Assembly even if the district does not meet those qualifications at the time a given transfer is made.
(Source: P.A. 98-131, eff. 1-1-14.)
(745 ILCS 25/10) (from Ch. 122, par. 830)
Sec. 10. 
		
		Nothing contained in this Act shall be deemed to authorize the
bringing of any action against any school district or non-profit private
school, nor the entry of a judgment in any such action.
(Source: Laws 1959, p. 2060.)
(745 ILCS 25/11) (from Ch. 122, par. 831)
Sec. 11. 
		
		If any section or part of any section of this Act is held
unconstitutional by a court of competent jurisdiction, all other sections
or parts of sections shall remain in full force and effect.
(Source: Laws 1959, p. 2060.)