Medina v. Board of Education of the City of Chicago
13 N.E.3d 83
Ill. App. Ct.2014Background
- Lillian Medina was a tenured Chicago Public Schools teacher since 1984 who accepted an assistant principal position at Rachel Carson Elementary in 2007.
- The assistant principal role required an Illinois Type-75 administrative certificate; Medina signed forms acknowledging (1) the certification requirement and (2) that accepting the administrative appointment relinquished her right to "bump back" into a teaching position.
- Medina failed the required basic skills test multiple times (2007, 2008, 2011) and did not obtain the Type-75 certificate; the Board later discovered she lacked the credential.
- The Board removed Medina as assistant principal, gave her the Board’s dismissal-process hearing for assistant principals, and recommended termination for lack of the Type-75 certificate; the Board adopted the recommendation effective May 25, 2011.
- Medina sought administrative review claiming she retained tenured-teacher status and was entitled to statutory protections under section 34-85 of the School Code; the circuit court affirmed the Board, and Medina appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a tenured teacher who voluntarily accepts a nontenured assistant principal post retains tenured-teacher status and statutory protections upon dismissal from the administrative post | Medina: She remained a tenured teacher and, if removed from the admin post, must be returned to a tenured teaching position or afforded §34-85 protections; Board rule and signed waiver are invalid as inconsistent with School Code’s "permanent" tenure | Board: Voluntary acceptance of the nontenured administrative position relinquishes the teacher’s right to revert to tenured status; dismissal of administrators is governed by Board rules and the Board properly removed her for lack of required certification | Court: Affirmed Board — Medina lost tenure by voluntarily accepting the nontenured admin post and the Board permissibly dismissed her as assistant principal after providing the applicable hearing; she did not retain a right to revert to a tenured teaching position |
| Whether lack of a Type-75 certificate can constitute cause for dismissal/removal from assistant principal | Medina: Even if removed as admin, the lack of certification is remediable and could not justify termination as a tenured teacher | Board: Lack of required certification is cause to remove an assistant principal; Medina received the Board-rule hearing she was due | Court: Held lack of Type-75 was cause to dismiss her as assistant principal; she got the required process and did not retain tenured status |
Key Cases Cited
- McCutcheon v. Board of Education of the City of Chicago, 94 Ill. App. 3d 993 (Ill. App. Ct. 1981) (tenured teacher promoted to administrative post does not retain an automatic right to continued employment as a teacher after removal from the administrative position)
- Chicago Teachers Union, Local No. 1 v. Board of Education of the City of Chicago, 2012 IL 112566 (Ill. 2012) ("permanent" tenure does not confer a substantive right to preference in rehiring that overrides board workforce decisions)
- Bart v. Board of Education of the City of Chicago, 256 Ill. App. 3d 880 (Ill. App. Ct. 1993) (tenure provisions are in derogation of common law and construed to avoid unduly interfering with board management)