Chicago Teachers Union, Local No. 1, American Federation of Teachers v. Board of Education
2011 U.S. App. LEXIS 11977
| 7th Cir. | 2011Background
- CTU sued the Board to require consideration of laid-off tenured teachers for vacancies and preference over new hires.
- Union claimed tenured teachers have 'permanent' appointments under Illinois law and thus recall rights that create a federal property interest.
- District court granted an injunction ordering recall-rule creation and rescission of dismissals; Board appealed.
- Panel initially affirmed; then granted rehearing and vacated the opinion, certifying Illinois Supreme Court questions.
- The court acknowledged Illinois law creates a protected property interest and due-process requirement to consider teachers for new vacancies for a reasonable period.
- The court certified three questions to the Illinois Supreme Court to resolve the Illinois-law interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §34-84 give laid-off tenured teachers a right to be rehired or to rehiring procedures? | Tenured rights create a federal property interest via recall. | Tenure rights are limited to what statutes/contracts provide; no guaranteed rehiring procedures. | Questions certified; Illinois law interpretation pending. |
| Does §34-18(31) empower recall procedures that create rights for laid-off tenured teachers? | Board must implement recall rules protecting tenured teachers. | §34-18(31) enables rulemaking but does not by itself grant rights. | Questions certified; Illinois law interpretation pending. |
| When read together, do §34-84 and §34-18(31) give any right to be rehired or to procedures? | Combination creates procedural/rehiring rights for teachers. | No substantive/right enhancement beyond statutory framework. | Questions certified; Illinois law interpretation pending. |
Key Cases Cited
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (Supreme Court, 1985) (federal process protects state-created property interests)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (Supreme Court, 2005) (federal property rights derive from state law)
- Land v. Bd. of Educ. of Chicago, 202 Ill.2d 414 (Illinois Supreme Court, 2002) (tenure framework and recall rights under Illinois law; guidance on layoff authority)