Chicago Teachers Union v. Board of Educ.
963 N.E.2d 918
| Ill. | 2012Background
- Board of Education of the City of Chicago governs Chicago public schools; Board controls hiring, layoffs, and removals under Article 34 of the School Code.
- In 2010, the Board faced budget deficits and laid off about 1,289 teachers in several phases.
- Laid-off teachers received termination notices and were directed to search for vacancies, with a vacancy web site and job fairs offered to them, but without guaranteed preference for laid-off teachers.
- In August 2010, roughly 715 tenured teachers were recalled; there was no formal recall policy.
- The Chicago Teachers Union filed a federal suit alleging due process violations and sought injunctive relief; a district court granted injunctive relief.
- The Seventh Circuit certified Illinois questions on whether sections 34-18(31) and 34-84 create any right to recall or a procedural framework, and this Supreme Court of Illinois case was to answer those questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do 34-18(31) and 34-84 grant laid-off tenured teachers a right to be rehired? | Union: tenure via 34-84 creates a substantive recall right. | Board: no substantive right; 34-18(31) is merely enabling, not mandatory. | No substantive right to be rehired. |
| Do 34-18(31) or 34-84 confer procedural rights during rehiring? | Union: rights to recall procedures implied by permanence. | Board: no mandatory recall procedures; 1995 amendments removed such mandates. | No procedural rights guaranteed by these provisions. |
| Can the combination of 34-18(31) and 34-84 create a right to recall after layoff? | Union: combined framework secures recall or priority for tenured teachers. | Board: no combined-right creation; 34-18(31) is enabling only. | Combination does not create a right to recall. |
Key Cases Cited
- Land v. Board of Education of the City of Chicago, 202 Ill.2d 414 (2002) (recall rights exist; 34-84 speaks to tenure but not to mandatory recall after layoff)
- Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972) (property interests arise from state law; due process protects property already acquired)
- Wilson v. Board of Education, 82 Ill.2d 364 (1980) (state-law creation of property interests; due process framework)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (balanced approach to determine due process safeguards)
- Powell v. Jones, 56 Ill.2d 70 (1973) (recall versus discharge; civil service context for process standards)
- Lalvani v. Cook County, 269 F.3d 785 (7th Cir.2001) (entitlement to government employment rooted in statute or contract)
- Mims v. Board of Education of the City of Chicago, 523 F.2d 711 (7th Cir.1975) (layoff rights for civil service employees)