Illinois Appellate Court
Civil Court
School Law
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.)