The Board of Education of Valley View Community Unit School District No. 365-U v. Illinois State Board of Education

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120373
Decision Date: 
October 25, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
WRIGHT
Holding: 
Confirmed.
Tenured school psychologist and employee of School District received unsatisfactory performance evaluation, and terminated her claiming that she had unsuccessfully completed remediation plan. After administrative hearing, ISBE found that termination was based on less than fair remediation process, reversed termination, and ordered reinstatement with full back pay. Absence of stenographer at hearing does not entitle School District to new hearing. Absence of information in record that consulting teacher was qualified or actively participated in remediation process is significant and was properly considered by hearing officer. Hearing officer properly applied burden of proof, in finding that District failed to prove that psychologist failed to satisfactorily complete remediation plan per School Code. (CARTER and McDADE, concurring.)