Justia Education Law Opinion Summaries

Beggs, a tenured teacher, was dismissed from her employment by Murphysboro Community Unit School District. Caring for her parents, Beggs had accrued several absences and was tardy several days. She had received a “letter of concern” and a “remedial warning,” had taken sick leave, and had been suspended before her termination. Beggs requested a hearing, Illinois School Code, 105 ILCS 5/24-12. A hearing officer issued findings of fact and recommended that Beggs be reinstated with back pay and benefits because the Board failed to prove by a preponderance of the evidence that she had violated the notice of remedial warning or that she had engaged in irremediable conduct that constituted grounds for dismissal. The Board nonetheless dismissed her. The circuit court ordered Beggs reinstated with back pay and benefits. The appellate court affirmed. The Illinois Supreme Court affirmed. While the Board’s frustration with Beggs before the notice of remedial warning was “understandable and well documented,” it was unclear from the Board’s decision whether it would have found cause for discharge based on a tardiness incident of March 19, 2012, alone. Only a clear and material breach of the warning notice that was causally related to her past deficiencies would support dismissal. That single incident was not a clear and material breach of the warning notice. The court expressed “a definite and firm conviction that a mistake has been committed.” View "Beggs v. Board of Education of Murphysboro Community Unit School District No. 186" on Justia Law

The Chicago Board of Education and the Teachers Union 2007-2012 collective bargaining agreement (CBA) established a grievance procedure that culminated in binding arbitration. In 2010, the Board notified the Union of a new policy: designating as ineligible for rehire probationary appointed teachers (PATs) who have been non-renewed twice, or have had an unsatisfactory performance rating. The Board began implementing this policy and notified PATs that they were being non-renewed, but did not inform them that it had placed a “do not hire” (DNH) designation in their personnel files. The Union presented grievances and demanded arbitration. The Board refused to arbitrate, claiming that Board hiring decisions were exclusive management rights. The Illinois Educational Labor Relations Act found that, under the Act and the CBA, the Board had a duty to arbitrate the DNH grievances and, by refusing, had violated 115 ILCS 5/14(a)(1). The appellate court reversed. The Illinois Supreme Court affirmed. PATs are employed for a single school-year; the Board alone is vested with selection of such employees as a matter of inherent managerial policy. The policy of placing a DNH designation in PAT files following two nonrenewals or an unsatisfactory performance rating was within the Board’s authority because it directly relates to its exclusive right to determine hiring guidelines. View "Bd. of Educ. of the City of Chicago v. Ill. Educ. Labor Relations Bd." on Justia Law