Justia Education Law Opinion SummariesArticles Posted in Illinois Supreme Court
Chicago Teachers Union v. Bd. of Educ., City of Chicago
In summer 2010, due to budget deficits, the board laid off 1,289 teachers. Laid-off teachers were not given preference for positions available in the district, nor were all vacancies posted on the website. In August, 2010, there was an increase in funding. Approximately 715 tenured teachers were recalled, but many positions were filled with new hires, rather than laid-off tenured teachers. There was no official recall policy. The Seventh Circuit certified, to the Supreme Court of Illinois, the question of whether the School Code (105 ILCS 5/34-18(31)), provides that Chicago tenured teachers have a right to be rehired after an economic layoff and whether they have a right to certain procedures during rehiring. The court responded that Chicago public schools are treated differently under the School Code. In all the other districts, laid-off tenured teachers have a right of recall and, subject to certification and seniority, have a right to be rehired into new vacancies in their districts for a specific period. Under 1995 amendments Chicago teachers were not given those rights. The supreme court declined to read into School Code language something which the legislature did not put there. View "Chicago Teachers Union v. Bd. of Educ., City of Chicago" on Justia Law
Innovative Modular Solutions v. Hazel Crest Sch. Dist. 152.5
Defendant, a school district, leased portable classrooms from plaintiff under contracts including penalties for early cancellation or default. Under the Downstate School Finance Authority for Elementary Districts Law (105 ILCS 5/1F-1) the state later created the Authority to manage the District's finances. The Authority canceled the leases before expiration, but did not authorize payment of the cancellation fees. The trial court granted summary judgment, finding it was legally impossible for the District to pay the cancellation fees, but also finding that the Authority had to comply with the cancellation terms of the leasing contracts. The appellate court affirmed the judgment in favor of the District on the cancellation fees and vacated as moot the declaratory judgment in favor of plaintiff. The Illinois Supreme Court concluded that the legislature intended the Act to permit the Authority to cancel a school district's contract with a third party, but that cancellation must be consistent with the contractual terms agreed to by the school district and the third party. The Authority can cancel the leasing contracts, but must pay the contractual fees for early cancellation. View "Innovative Modular Solutions v. Hazel Crest Sch. Dist. 152.5" on Justia Law
Bd. of Educ. of Auburn Cmty Unit Sch. Dist. No. 10 v. IL Dept. of Revenue
The regional board of school trustees dissolved a school district, partially located in Montgomery County, and annexed it to a district previously located entirely in Sangamon County. About 99.7 percent of the reconstituted district is in Sangamon County and the voters of that county had approved a referendum under the Property Tax Extension Limitation Law (PTELL)(35 ILCS 200/18â185); the voters in Montgomery County had not. A taxing district subject to PTELL may not ordinarily extend taxes at a rate that exceeds the previous yearâs extension by more than 5%, or the percentage increase in the Consumer Price Index, whichever is less, without referendum approval. The district, wanting to issue bonds to finance improvements, sought a declaration that PTELL did not apply. Reversing the trial and appellate courts, the supreme court held that the entire district remains subject to the PTELL.