Opinion

Abernathy v. Board of Education of Community High School District No. 218

  • 242 Ill. App. 3d 1013
  • 183 Ill. Dec. 374
  • 611 N.E.2d 1022
  • 1992 Ill. App. LEXIS 1941
Court
Appellate Court of Illinois
Filed
Dec 2, 1992
Status
Published
Author
Tully
On the bench
Cerda, Tully
Cited by
0 cases

The opinion

JUSTICE TULLY, dissenting:

I respectfully dissent from the majority’s view that petitioner was not a tenured teacher. In this case I feel that the petitioner, Diana Abernathy, was a teacher at the time of her termination. Petitioner testified in her deposition that she held a business degree in business education. In her summary judgment motion, she further stated that she was regularly and continuously identified as and treated as a teacher by respondent. Moreover, several factors were presented which raised a genuine issue of material fact as to petitioner’s status as a teacher, including: (1) a letter from the superintendent, informing her that she was selected for continued probationary employment, which leads to tenure; (2) the superintendent’s letter advising her that she had been selected for tenure; (3) a notice of remedy, only sent to tenured teachers, was issued to her regarding her performance; (4) the requirement that petitioner execute a loyalty oath that was required of teachers; and (5) respondent’s evaluation of petitioner on a teacher evaluation form.

For all of the foregoing reasons, I would hold that petitioner was a teacher at the time of her termination and the decision of the circuit court should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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