2016 IL App (1st) 133148
Ill. App. Ct.2016Background
- Lisa Moore was a tenured CPS teacher whose initial Illinois teaching certificate (issued 2000) expired in 2004; she taught through 2010–11 and only began reinstatement efforts after CPS’s 2010 audit revealed the lapse.
- ISBE procedures allowed reinstatement: a one‑year reinstatement plus payment of back registration fees and, to renew beyond that year, completion of five semester hours. Moore completed required coursework and ISBE reinstated her initial certificate April 27, 2011, and issued a standard secondary certificate May 5, 2011.
- CPS discovered hundreds of teachers with lapsed certificates in 2010; it generally did not discharge teachers who reinstated before their disciplinary hearing, instead imposing lighter discipline depending on lapse duration.
- CPS charged Moore in March 2011 for teaching without a valid certificate; an administrative hearing officer found her conduct negligent and “irremediable per se,” recommended dismissal, and the Board adopted that recommendation.
- The circuit court reversed the Board’s dismissal as arbitrary and remanded for calculation of damages; the Board appealed. The appellate court affirmed the circuit court and remanded to determine damages.
Issues
| Issue | Plaintiff's Argument (Moore) | Defendant's Argument (Board) | Held |
|---|---|---|---|
| Whether failure to maintain a valid certificate justified dismissal | Moore: lapse is remediable under School Code §21‑14(a); she reinstated her certificate before hearing, so discharge was arbitrary | Board: lapse (long delay) showed negligence/gross negligence and is irremediable per se under §34‑85, supporting dismissal | Court: Reversed Board; statutory reinstatement mechanism (§21‑14) contemplates lapses and reinstatement, so termination after reinstatement was arbitrary |
| Whether §21‑14(a) is overridden by finding of negligence under §34‑85 | Moore: §21‑14 provides the legislative remedial mechanism and does not bar reinstatement for negligent lapse | Board: a finding of negligence makes conduct irremediable under §34‑85, justifying no warning and dismissal | Court: statutes must be read together; accepting Board’s view would nullify §21‑14(a); negligence does not render lapse unremediable per statute |
| Whether Board’s contention that Moore’s misrepresentations were immoral/criminal may justify dismissal | Moore: Board failed to raise this theory below and therefore waived it | Board: argued misrepresentations to principal were immoral/possibly criminal | Court: Issue was raised first on appeal and is forfeited; not considered |
| Whether circuit court should have determined damages on reinstatement | Board: trial court failed to calculate damages after reversing dismissal | Moore: waived issue or, if reversed, remand is appropriate | Court: Board did not waive; remand for trial court to determine damages (back pay, costs) as required by prior §34‑85 |
Key Cases Cited
- Exelon Corp. v. Department of Revenue, 234 Ill. 2d 266 (Illinois 2009) (appellate review addresses agency’s final decision)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Illinois 2008) (standards for reviewing questions of fact, law, and mixed questions)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380 (Illinois 2001) (clear‑error standard described for mixed questions)
- Keen v. Police Board, 73 Ill. App. 3d 65 (Ill. App. Ct.) (discipline by administrative board cannot be unreasonable or arbitrary)
- Ellison v. Illinois Racing Board, 377 Ill. App. 3d 433 (Ill. App. Ct.) (agency decisions that are arbitrary or capricious may be reversed)
- Haudrich v. Howmedica, Inc., 169 Ill. 2d 525 (Illinois 1996) (issues not raised below are forfeited on appeal)
- Russell v. Board of Education of the City of Chicago, 379 Ill. App. 3d 38 (Ill. App. Ct.) (trial court must determine damages and back pay when reversing a school board dismissal)
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 (Illinois 2013) (statutes should be read in concert and harmonized)