# Edwards v. Board of Education of Diamond Lake School District No. 76

> Appellate Court of Illinois · May 23, 1980 · 84 Ill. App. 3d 374

URL: https://www.frixlaw.com/law-library/cases/7018659

## Case

- **Full name:** MARY EDWARDS v. THE BOARD OF EDUCATION OF DIAMOND LAKE SCHOOL DISTRICT NO. 76, LAKE COUNTY
- **Court:** Appellate Court of Illinois
- **Decided:** May 23, 1980
- **Citations:** 84 Ill. App. 3d 374; 39 Ill. Dec. 725; 405 N.E.2d 478; 1980 Ill. App. LEXIS 2901
- **Precedential status:** Published
- **Opinion:** Concurrence by Lindberg
- **Judges:** Lindberg, Unverzagt
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7018659

## Opinion text

Mr. JUSTICE LINDBERG, specially concurring:
I concur in the result reached by the majority as I agree that there was no formal school board action hiring Joan Lehmann as a full-time teacher as required by statute. (Ill. Rev. Stat. 1977, ch. 122, pars. 10 — 6 and 10 — 7; Muehle v. School District No. 38 (1951), 344 Ill. App. 345 , 100 N.E.2d 805 .) I am concerned, however, that the majority opinion suggests that accepting an assignment to a special education district such as SEDOL could jeopardize a teacher’s full-time status. Such a suggestion could make teachers reluctant to accept such assignments, thereby violating the policy of special education legislation.
Section 14 — 9.01 of the School Code provides that the employment of any teacher in a special education program shall be subject to the tenure provisions of sections 24 — 11 to 24 — 16 of the Code. (Ill. Rev. Stat. 1977, ch. 122, par. 14 — 9.01.) Thus, it is my view that a teacher formally hired full-time by a school district and then assigned part-time to a special education district would gain tenure credit in the regular school district under section 24 — 11. Ill. Rev. Stat. 1977, ch. 122, par. 24 — 11.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7018659. Public record. Not legal advice.