Candace Harbaugh v. Board of Education of the City
716 F.3d 983
7th Cir.2013Background
- Harbaugh worked for CPS since 1996, ultimately as a full-time-basis substitute and then a probationary appointed teacher.
- In 2004 she was reclassified as a probationary teacher with tenure to be attained at the start of the fifth year of appointment.
- She was terminated at the end of spring 2008, before four full years of probationary service were completed.
- Harbaugh argued that her 2003–2004 year at Blaine Elementary as a full-time basis substitute should count toward the four-year requirement.
- Illinois law distinguishes substitute teachers from probationary/tenured teachers; substitute time generally cannot count toward tenure.
- The district court granted summary judgment for the Board, and the Seventh Circuit affirmed, holding no tenure and thus no due-process claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does substitute time count toward tenure? | Harbaugh: substitute time should count toward the four-year requirement. | Board: substitutes are not counted toward tenure under Illinois law. | No; substitute time does not count toward tenure. |
| Was Harbaugh entitled to due process if tenure was not achieved? | Harbaugh asserts a protected property interest in continued employment. | Without tenure, there is no constitutionally protected property interest requiring due process. | No due process concern because tenure was not achieved. |
Key Cases Cited
- Booker v. Hutsonville School District No. 1, 437 N.E.2d 937 (Ill. App. Ct. 1982) (substitute not counted toward tenure)
- Woods v. East St. Louis Sch. Dist. No. 189, 498 N.E.2d 801 (Ill. App. Ct. 1986) (subs not entitled to tenure protections)
- Kuykendall v. Bd. of Educ. of Evanston Twp. High Sch. Dist. No. 202, 444 N.E.2d 766 (Ill. App. Ct. 1982) (part-time/substitute not probationary service toward tenure)
- Thomas v. Bd. of Educ. of City of Chi., 188 N.E.2d 237 (Ill. App. Ct. 1963) (substitute teachers cannot acquire tenure rights via substitute service)
- Filar v. Bd. of Educ. of City of Chi., 526 F.3d 1054 (7th Cir. 2008) (substitute status affects tenure classifications)
- Gleason v. Bd. of Educ. of City of Chi., 792 F.2d 76 (7th Cir. 1986) (tenured teacher has due-process protections)
- Kodish v. Oakbrook Terrace Fire Prot. Dist., 604 F.3d 490 (7th Cir. 2010) (state law governs tenure rights; job tenure is a property right)
- Johnson v. Bd. of Educ. of Decatur Sch. Dist. No. 61, 423 N.E.2d 903 (Ill. 1981) (Illinois limits and defines tenure rights)