(Court opinion corrected 6/24/16.) After administrative hearing, Plaintiff, a tenured teacher, was dismissed from employment for allowing her Illinois teaching certificate to lapse and failing to promptly reinstate it. School Code provides mechanism for reinstatement of lapsed teaching certificate that does not contemplate finding by Illinois State Board of Education (ISBE) that expiration was due to any error, mistake or act of negligence on part of affected teacher. Board was aware of this mechanism and allowed similarly situated teachers to continue employment upon successful reinstatement. Termination was an arbitrary decision, as Section 21-14(a) gives ISBE authority to reinstate a lapsed certificate regardless of duration of lapse or reason for expiration. Remedial provision in Section 21-14(a) of School Code cannot be overcome by negligence finding pursuant to Section 34-85 of Code. Remanded for court to determine amount of damages owed to Plaintiff. (NEVILLE and SIMON, concurring.)
Illinois Appellate Court
Civil Court
School Code