Tenured teacher was alleged to have failed to appropriately respond to a student's apparent overdose of medication in the classroom. Teacher was suspended without pay pending a dismissal hearing. After hearing, Board reinstated teacher and found that her misconduct warranted a 90-day time-served suspension with a deduction from her net back pay. The 2011 amendment to section 34-85 of the School Code, which governs dismissals, does not diminish School Board's implied power and authority to issue a suspension, once a determination is made that the conduct does not constitute cause for dismissal. Board acted within the scope of its power in reducing teacher's net back pay, after making her whole for the prehearing suspension in the same order. Board did not impermissibly change the basis for its decision on administrative review but invoked its power to manage the school system codified int he School Code when it imposed the suspension. (A. BURKE, GARMAN, THEIS, M. BURKE, OVERSTREET, and CARTER, concurring.)
Illinois Supreme Court
Civil Court
School Code