Illinois Compiled Statutes
105 ILCS 5/10-2 (2026)
Corporate powers
✓ current as of May 2026
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(105 ILCS 5/10-2)
(from Ch. 122, par. 10-2)
Sec. 10-2.
Corporate powers.
The directors of each district shall be a body politic and corporate, by
the name of "school directors of district No. ...., county of .... and
State of Illinois," and by that name may sue and be sued in all courts and
places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)
Notes of Decisions
Cited in 15
cases (6 in the last 5 years), 2001–2025 · leading case: Stanek v. St. Charles Cmty. Unit Sch. Dist. 303, 783 F.3d 634 (7th Cir. 2015).
Stanek v. St. Charles Cmty. Unit Sch. Dist. 303, 783 F.3d 634 (7th Cir. 2015). “Illinois, in turn, defines the “local educational agency” for purposes of IDEA to include a school board or school district. 20 U.S.C.”
Veazey v. Rich Twp. High Sch. Dist. 227, 2016 IL App (1st) 151795 (Ill. App. Ct. 2016). “3d 117, 124 (2008) (citing 105 ILCS 5/10-2 (West 2006)). Neither party points to a companion statute that would have authorized the District to bring a cause of action under these facts.”
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). “If the circuit court determines that a violation has occurred, it: "may grant such relief as it deems appropriate, including granting a relief by mandamus requiring that a meeting be open to the public, granting an injunction against future violations of this Act, ordering the…”
Veazey v. Rich Twp. High Sch. Dist. 227, 2016 IL App (1st) 151795 (Ill. App. Ct. 2016). “3d 117, 124 (2008) (citing 105 ILCS 5/10-2 (West 2006)). Neither party points to a companion statute that would have authorized the District to bring a cause of action under these facts.”
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). “” District 60, as a school board, is a body politic (see 105 ILCS 5/10-2 (West 2014)), and thus can allege violations of the Act.”
Medina v. Izquierdo (N.D. Ill. 2022). “It argues that under Illinois law, 105 ILCS 5/10-2, only a school district’s board of education is amenable to suit.”
Veazey v. Rich Twp. High Sch. Dist. 227, 2016 IL App (1st) 151795 (Ill. App. Ct. 2016). “3d 117, 124 (2008) (citing 105 ILCS 5/10-2 (West 2006)). Neither party points to a companion statute that would have authorized the District to bring a cause of action under these facts.”
Peoples v. Oswego Cmty. Sch. Dist. (N.D. Ill. 2020). “at 1166 (citing 105 ILCS 5/10-2) (emphasis added). In any event, Peoples has voluntarily dismissed the School District.”
Smoler v. Bd. of Educ. for West Northfield Sch. Dist. 31 (N.D. Ill. 2021). “Accordingly, Smoler’s official capacity claims against the Board members are dismissed as 3 Before consenting to dismissal, Smoler responds conclusively in a single sentence that “Illinois case law has held that a school district can sue or be sued” and cites two cases that do…”
Wolfgram v. Miller (N.D. Ill. 2023). “105 ILCS 5/10-2; see Bd. of Educ. of Bremen High Sch.”
Foulks v. Cmty. Unit Sch. Dist. 428, 2021 IL App (2d) 200461-U (Ill. App. Ct. 2021). “” court, that school districts do not have the capacity to sue or be sued, citing section 10-2 of the School Code (105 ILCS 5/10-2 (West 2018)) and Board of Educ.”
G.C. by & through her parent & legal guardian A.C. v. Rock Island-Milan Sch. Dist. No. 41 (C.D. Ill. 2024). “The cited statute establishes that a board of education is “a body politic and corporate” which “may sue and be sued,” 105 ILCS 5/10-2, and the cited case notes that “a school district lacks the capacity to sue in its own behalf unless specifically authorized to do so in the…”
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