APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION
Matter of the Special Education Placement of Steven
Walker, Plaintiff-Appellee, v.
Joseph Cronin et al., Defendants-Appellants)
520 N.E.2d 777, 165 Ill. App. 3d 846, 117 Ill. Dec. 426
Appeal from the Circuit Court of Cook County; the Hon. Albert S. Porter, Judge, presiding. 1987.IL.1981
JUSTICE LINN delivered the opinion of the court. McMORROW, P.J., concurs. JUSTICE JIGANTI, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN
Plaintiff, Steven Walker, instituted this action to obtain an award of post-judgment interest against Joseph Cronin, Director of the Illinois Board of Education, pursuant to section 2-1303 of the Code of Civil Procedure. (Ill. Rev. Stat. 1983, ch. 110, par. 2-1303.) The circuit court awarded interest on the judgment entered in favor of plaintiff in the amount of $5,310.
Cronin appeals, contending that assessment of interest against the Illinois State Board of Education violates sovereign immunity and that the award of interest was improperly calculated in any event.
We affirm in part and modify in part.
Walker, by his mother, brought an action against Cronin and Glenbrook High School District 225, alleging that they wrongfully denied him placement in a residential special education program facility. After reviewing the Illinois Board of Education's decision to deny Walker the necessary funding to place him in such a facility, the circuit court reversed, finding that the public school could not adequately meet Walker's needs. This court affirmed the trial court, holding that since Walker was emotionally handicapped under the pertinent law, he was entitled to appropriate public education free of charge. (In re Special Education Placement of Steven Walker (1982), 107 Ill. App. 3d 1053, 438 N.E.2d 582.) Accordingly, Cronin and the local school district were ordered to reimburse Walker's mother for money that she spent enrolling her son in the residential education program at Lakeside Children's Center in Milwaukee, Wisconsin.
This reimbursement, representing the expenses Mrs. Walker incurred for Lakeside's services for the period between November 9, 1978, and April 22, 1981, the date of the order, was not then reduced to a sum certain.
In November 1982 Walker furnished defendants with an itemization of the amounts spent on his education. On December 27, 1982, defendants offered Walker one-half ...