Opinion

Hagopian v. Board of Education

  • 56 Ill. App. 3d 940
  • 372 N.E.2d 990
Court
Appellate Court of Illinois
Filed
Mar 31, 1978
Status
Published
Author
Barry
On the bench
Scott, Barry
Cited by
25 cases

The opinion

Mr. PRESIDING JUSTICE BARRY, specially concurring:

I am in agreement with the result reached in the majority opinion. With regard to the plaintiff Robert B. Hagopian, I feel obligated to express my own views regarding the perplexing problem of teacher cutbacks for economic reasons that forced the action of the defendant Board of Education of Tampico Community Unit School District No. 4. By statute the defendant is required to give teachers, both tenured and nontenured, written notice at least 60 days before the end of the school term that he will be dismissed or not be rehired. The defendant here was faced with the difficult task of deciding whether plaintiff Hagopian was “legally qualified” to hold a position currently held by a nontenured teacher. The applicable statute is silent as to when the determination of whether a tenured teacher is “legally qualified” to replace a nontenured teacher should be made. (Ill. Rev. Stat. 1975, ch. 122, par. 24 — 12.) Without the guidance of a time certain in the statute the defendant came to the same conclusion as the majority opinion, that the teacher must be “legally qualified” to take the position of the nontenured teacher at some point in time prior to 60 days before the end of the school term.

I agree with the majority opinion in this conclusion but wish to emphasize the problem caused by the legislature in drafting section 24— 12 of the School Code (Ill. Rev. Stat. 1975, ch. 122, par. 24 — 12) without a time provision for determining when a tenured teacher must be “legally qualified” to teach in another position, grade, or subject area. The majority opinion in construing section 24 — 12 (Ill. Rev. Stat. 1975, ch. 122, par. 24 — 12) reads into the statute a time provision for a tenured teacher to become legally qualified to replace á nontenured teacher in the event of economic cutbacks. I agree that this is the only practical method for this court to follow, but believe a better result is possible, and that the legislature should amend the statute giving consideration to this and problems of a similar nature in the future.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.