In each, the appellate court held that section 24-24 requires a plaintiff to prove wilful and wanton misconduct in order to impose liability on educators. (See Fustin v. Board of Education, 101 Ill. App.2d 113 (student player injured by an opposing player during basketball game); Woodman v. Litchfield Community School District No. 12, 102 Ill. App.2d 330 (student kicked by fellow student while class was in session); Mancha v. Field Museum of Natural History, 5 Ill. App.3d 699 (student assaulted by youths unaffiliated with his school while on an excursion to the Field Museum in Chicago); and Merrill v. Catholic Bishop of Chicago, 8 Ill. App.3d 910 (student injured while cutting lengths of wire for art class as directed by teacher).) In Merrill, the plaintiff attempted to distinguish the applicability of section 24-24 by arguing that the statute did not relate to nondisciplinary situations and private schools.

. 61, 182 Ill.App.3d 507, 512-13 (1989); Holsapple v. Casey Community Unit School District C-1, 157 Ill.App.3d 391, 393-94 (1987); Tijerina v. Evans, 150 Ill.App.3d 288, 292-93 (1986); Weiss v. Collinsville Community Unit School District No. 10, 119 Ill.App.3d 68, 71-72 (1983); Guyton v. Roundy, 132 Ill.App.3d 573, 578-79 (1985); Booker v. Chicago Board of Education, 75 Ill.App.3d 381, 385-86 (1979); Cipolla v. Bloom Township High School District No. 206, 69 Ill.App.3d 434, 437-38 (1979); Montague v. School Board of Thornton Fractional Township North High School District 215, 57 Ill.App.3d 828, 831-32 (1978); McCauley v. Chicago Board of Education, 66 Ill.App.3d 676, 677-79 (1978); Clay v. Chicago Board of Education, 22 Ill.App.3d 437, 440-41 (1974); Mancha v. Field Museum of Natural History, 5 Ill.App.3d 699, 702-03 (1972); Gubbe v. Catholic Diocese of Rockford, 122 Ill.App.2d 71, 79 (1970); Woodman v. Litchfield Community School District No. 12, Montgomery County, 102 Ill.App.2d 330, 334 (1968). ¶ 43 "Our courts have repeatedly held that a teacher's failure to supervise student activities during which a student was injured, does not in itself constitute wilful and wanton conduct."

To ensure the orderly conduct of schools and maintenance of a sound learning atmosphere, educators necessarily must be viewed as standing in the same position as do parents and guardians with regard to disciplinary and supervisory matters in the school setting. ( Gerrity v. Beatty (1978), 71 Ill.2d 47, 51, 373 N.E.2d 1323, 1325; Woodman v. Litchfield Community School District No. 12 (1968), 102 Ill. App.2d 330, 333-34, 242 N.E.2d 780, 782. See also Kobylanski v. Chicago Board of Education (1976), 63 Ill.2d 165, 170-72, 347 N.E.2d 705, 708-09.

We note that defendant would be immune from suit if mere negligence was alleged. ( Woodman v. Litchfield Community School District No. 12, 102 Ill. App.2d 330, 242 N.E.2d 780; Fustin v. Board of Education, 101 Ill. App.2d 113, 242 N.E.2d 308.) In plaintiff's brief on appeal she has argued that this dangerous instrumentality was a yardstick.

After hearing the motion the court ordered the complaint as amended dismissed and ordered judgment for defendant, from which order plaintiff has appealed. In a recent decision of this Court, Woodman v. Litchfield Community School Dist. No. 12, ___ Ill App.2d ___, ___ N.E.2d ___, we held that a complaint alleging injuries to a second grade student in the classroom resulting from improper supervision and enforcement of discipline by the teacher, was properly dismissed on motion, by reason of the provisions of the School Code, supra, and the Local Governmental Employees Tort Immunity Act, supra. The language of that opinion is here applicable in so far as the original complaint in this case is concerned.

The allegations in the Brewer complaint against the City of Chicago and Cook County are therefore sufficient. It also cited Fustin v. Board of Education of Community Unit District No. 2, 101 Ill. App.2d 113, 242 N.E.2d 308 (5th Dist. 1968), and Woodman v. Litchfield Community School District, No. 12, 102 Ill.App.2d 330, 242 N.E.2d 780 (5th Dist. 1968). The district court dismissed parallel state law claims in the Johnson complaint on the same grounds.

The acts alleged to have been committed by said employees were done in their capacities as persons serving in positions involving said policy and discretion. Fustin v. Board of Education of Community Unit District No. 2, 101 Ill.App.2d 113, 242 N.E.2d 308; Woodman v. Litchfield Community School District No. 12, 102 Ill. App.2d 330, 242 N.E.2d 780; Mills v. County of Winnebago, 104 Ill. App.2d 366, 244 N.E.2d 65. It is, therefore, Ordered that the County of Cook, Illinois be and it hereby is dismissed as a party defendant in the Hampton, Brewer and Johnson, et al. suits wherein it is named, and that the County of Cook be and it hereby is dismissed as a party defendant in this consolidated cause.

Fustin v. Board of Education (1968), 101 Ill. App.2d 113, was concerned with the alleged negligence of school personnel who failed to control, manage and supervise a school basketball game in which a student was struck and injured by a player on an opposing team. Likewise, in Woodman v. Litchfield Community School District No. 12 (1968), 102 Ill. App.2d 330, it was alleged that the teacher had failed to provide adequate supervision of the movement of children in the classroom when a student was kicked in the head by a fellow student while picking up papers from the floor at the request of the teacher. As distinguished from the foregoing cases, count VI in the case at bar did not allege negligence arising out of the teacher-student relationship in matters relating to the teacher's personal supervision and control of the conduct or physical movement of a student, but instead alleged negligence in connection with what we consider to be the separate function of furnishing equipment which was alleged to be inadequate, ill fitting and defective and which was known, or which in the exercise of ordinary care should have been known, to be liable to cause injury to the plaintiff.

Charles E. Carpenter, Jr., and Donald V. Richardson,III, of Richardson, Plowden, Grier Howser, Columbia,for Respondent, cites: As to a lack of any genuineissue of fact with respect to the negligence Mr. Dover in hissupervision of the class: 12 Vand. L. Rev., 723; 78 Me. 509, 7 A. 273; 198 N.Y. Supp. 81, 120 Misc. 221; 3 S.C. 44; 1 Blackstone, Commentaries, 428 n. 20; C.J.S. Apprentices § 17 (1937); Annot., 43 A.L.R. 511; 102 III. App.2d 330, 242 N.E.2d 780; 58 N.J. Sup. 155, 155 A.2d 793; 384 P.2d 81; 28 Misc.2d 70, 211 N.Y.S.2d 975; 103 Ariz. 119, 437 P.2d 652; 253 So.2d 558; 283 N.E.2d 899; 498 P.2d 1227; 256 Ma. 109, 259 A.2d 794; 135 U.S. App. D.C. 203, 417 F.2d 1150; 79 N.M. 768, 449 P.2d 784; 103 Ariz. 119, 437 P.2d 652; 308 N.E.2d 701. As tono genuine issue of fact with respect to proximate cause: 65 Ohio App. 163, 29 N.E.2d 444; 300 N.Y. 306, 90 N.E.2d 474, aff'g 275 App. Div. 840, 88 N.Y.S.2d 273; 516 P.2d 895; 36 A.D.2d 685, 319 N.Y.S.2d 783; 65 Ohio App. 163, 29 N.E.2d 444; 9 N.J. 46, 86 A.2d 76.

cago, 275 Ill. App. 3d 1024, 1032-33 (1995); Poelker v. Warrensburg Latham Community Unit School District No. 11, 251 Ill. App. 3d 270,278 (1993); Siegmann v. Buffington, 237 Ill. App. 3d 832, 834 (1992); Jackson v. Chicago Board of Education, 192 Ill. App. 3d 1093, 1101 (1989); Holsapple v. Casey Community Unit School District C-1, 157 Ill. App. 3d 391, 394 (1987); Guyton v. Roundy, 132 Ill. App. 3d 573, 579 (1985); Pomrehn v. Crete-Monee High School District, 101 Ill. App. 3d 331, 336 (1981); Booker v. Chicago Board of Education, 75 Ill. App. 3d 381, 386 (1979); Cipolla v. Bloom Township High School District No. 206, 69 Ill. App. 3d 434, 438 (1979); Montague v. School Board of Thornton Fractional Township North High School District 215, 57 Ill. App. 3d 828, 831-32 (1978); Clay v. Chicago Board of Education, 22 Ill. App. 3d 437, 441 (1974); Gubbe v. Catholic Diocese of Rockford, 122 Ill. App. 2d 71, 79 (1970); Woodman v. Litchfield Community School District No. 12, Montgomery County, 102 Ill. App. 2d 330, 334 (1968).¶ 31 "A teacher cannot be required to watch the students at all times while in school."