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

> Appellate Court of Illinois · December 2, 1992 · 242 Ill. App. 3d 1013

URL: https://www.frixlaw.com/law-library/cases/7025818

## Case

- **Full name:** DIANA ABERNATHY v. BOARD OF EDUCATION OF COMMUNITY HIGH SCHOOL DISTRICT No. 218, COOK COUNTY
- **Court:** Appellate Court of Illinois
- **Decided:** December 2, 1992
- **Citations:** 242 Ill. App. 3d 1013; 183 Ill. Dec. 374; 611 N.E.2d 1022; 1992 Ill. App. LEXIS 1941
- **Precedential status:** Published
- **Opinion:** Dissent by Tully
- **Judges:** Cerda, Tully
- **Cited by:** 0 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/7025818

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7025818. Public record. Not legal advice.