# People ex rel. Cook v. Board of Education

> Appellate Court of Illinois · April 25, 1938 · 295 Ill. App. 41

URL: https://www.frixlaw.com/law-library/cases/8864737

## Case

- **Full name:** The People of the State of Illinois ex rel. Raymond M. Cook v. Board of Education of the City of Chicago and The Board of Examiners
- **Court:** Appellate Court of Illinois
- **Decided:** April 25, 1938
- **Citations:** 295 Ill. App. 41; 14 N.E.2d 520; 1938 Ill. App. LEXIS 428
- **Precedential status:** Published
- **Opinion:** Concurrence by McSurely
- **Judges:** Matchett, McSurely
- **Cited by:** 3 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/8864737

## Opinion text

McSurely, J., specially concurring: In my opinion the determination of the passing mark is a detail of the examination. It enters directly into the determination of the fitness of the candidates for certificates. The fixing of such passing mark is therefore the exclusive function of the Board of Examiners. This is in substance of the language of the New York Commissioner of Education in passing upon the question whether the Board of Examiners or the Board of Education should fix the passing mark of examinations. 25 N. Y. St. Dept. Rep. 275.
May 9, 1938, order of April 25, 1938, vacated on motion of appellee, appellant consenting.
May 9, 1938, that part of the order of April 25,1938, remanding the cause, is stricken and the judgment of the superior court of Cook county is reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8864737. Public record. Not legal advice.
