Leak v. Board of Education of Rich Township High School District 227
41 N.E.3d 501
Ill. App. Ct.2015Background
- Donna Simpson Leak served as superintendent of Rich Township High School District 227 under a multi-year performance contract (2012–2017); a newly elected board majority sought her resignation in 2013 and then suspended her claiming her contract was void.
- Board adopted charges after learning Leak allegedly administratively transferred 48 disruptive students to alternative schools without Board hearings.
- Leak filed suit seeking declaratory relief that Section 13A-4 of the School Code authorized such transfers and that Board members were disqualified from deciding her contract validity; she also asserted breach of contract and due process claims.
- The Board held a hearing, presented evidence that the transfers exceeded 10 days and thus were expulsions under Section 10-22.6, and voted to terminate Leak for cause.
- Defendants moved to dismiss portions of Leak’s amended complaint under section 2-619.1; the trial court dismissed Leak’s declaratory and breach-of-contract claims and denied reconsideration; Leak appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Section 13A-4 authorized superintendent to transfer students to alternative schools without Board hearing for extended periods | Leak: Section 13A-4 and district practice authorized administrative transfers without Board action | Board: School Code limits administrative suspensions to 10 days; transfers longer than 10 days are expulsions requiring Board hearing | Court: Statute read together limits administrative suspension to 10 days; transfers here were long-term expulsions, so Leak exceeded authority; dismissal affirmed |
| Whether Board had cause to terminate under contract | Leak: Board acted arbitrarily/capriciously in terminating her, violating contract’s protections | Board: Transfers violated School Code; conduct detrimental to District justified termination for cause | Court: Contract permitted discharge for conduct detrimental to District; lawful statutory violation supplied cause; no arbitrary/capricious action shown |
| Whether implied covenant of good faith saves Leak’s breach claim | Leak: Good-faith covenant prevents arbitrary termination despite statutory violation | Board: Contract language governs; implied covenant cannot override explicit terms | Court: Contract unambiguous; implied covenant cannot rewrite express terms; cause existed, so claim fails |
| Whether Leak was denied due process by biased or unfair hearing | Leak: Board majority was biased; hearing was not impartial | Board: Leak received notice, opportunity to be heard, and an impartial proceeding; mere allegations of bias insufficient | Court: Leak received required notice and hearing; no evidence of actual bias; due process claim fails |
Key Cases Cited
- Solaia Technology, LLC v. Specialty Publishing Co., 221 Ill. 2d 558 (applicability of section 2-619 affirmative defenses)
- Colquitt v. Rich Township High School District No. 227, 298 Ill. App. 3d 856 (long-term transfer to alternative school implicates significant interest in public education)
- Stratton v. Wenona Community Unit District No. 1, 133 Ill. 2d 413 (public education is protected property interest requiring due process)
- Betts v. Board of Education of the City of Chicago, 466 F.2d 629 (long-term placement to nontraditional school is tantamount to expulsion)
- Resolution Trust Corp. v. Holtzman, 248 Ill. App. 3d 105 (implied covenant of good faith cannot contradict explicit contract terms)
- Trettenero v. Police Pension Fund, 333 Ill. App. 3d 792 (core due process requires notice and meaningful opportunity to be heard)
- Turcol v. Pension Board of Trustees of Matteson Police Pension Fund, 359 Ill. App. 3d 795 (standard for proving adjudicator bias)