Board of Education of the City of Chicago v. Illinois State Board of Education
78 N.E.3d 1080
| Ill. App. Ct. | 2017Background
- Frankie Hall, a tenured Chicago public school teacher, faced dismissal after failing to complete a remediation plan following an unsatisfactory evaluation.
- Hall filed a grievance in July 2012 challenging the remediation plan; the Board denied the grievance and refused arbitration.
- The Board approved dismissal charges in July 2013; parties selected an ISBE-approved hearing officer and set a dismissal hearing for January 6, 2014, which was later rescheduled three times by mutual agreement.
- In July 2014 Hall moved to stay the dismissal hearing pending resolution of her earlier grievance; the hearing officer granted the stay, citing potential redundancy and judicial economy and finding "good cause."
- The Board sued for declaratory judgment, arguing the hearing officer lacked authority to stay the hearing because section 34-85(a)(5) of the School Code limits "good cause" to illness or an "otherwise unavoidable emergency" of specified persons, which the Board said did not apply.
- The circuit court granted summary judgment for the Board; the appellate court affirmed, holding the grievance was not an "unavoidable emergency" and the hearing officer lacked statutory authority to stay the hearing on that basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hearing officer had statutory authority under 105 ILCS 5/34-85(a)(5) to stay a dismissal hearing because a pending grievance might obviate dismissal grounds | The Board: stay invalid because statute limits "good cause" to illness or unavoidable emergency of specified persons; no such showing here | Hall: hearing officer had discretion under statute and ISBE rules to find good cause where grievance pending and arbitration might affect dismissal; Board waived objections by scheduling outside time limits | The court held the statute unambiguously limits "good cause" to illness or unavoidable emergency; Hall's longstanding grievance was not an "unavoidable emergency," so the stay exceeded the hearing officer's authority and the Board prevailed |
Key Cases Cited
- Emerald Casino, Inc. v. Illinois Gaming Board, 346 Ill. App. 3d 18 (appellate standard for declaratory relief)
- Village of Bartonville v. Lopez, 2017 IL 120643 (summary judgment standard)
- Ferris, Thompson & Zweig, Ltd. v. Esposito, 2015 IL 117443 (agencies limited to statutory authority)
- Poris v. Lake Holiday Property Owners Ass'n, 2013 IL 113907 (use of dictionary to define undefined statutory terms)