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Allione v. Board of Education

FEBRUARY 21, 1961.

LESAH JOUETT ALLIONE, PLAINTIFF-APPELLANT,

v.

BOARD OF EDUCATION OF SOUTH FORK COMMUNITY HIGH SCHOOL DISTRICT NO. 310, CHRISTIAN COUNTY, ILLINOIS, KINCAID, ILLINOIS, ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Christian county; the Hon. DANIEL H. DAILEY, Judge, presiding. Reversed.

CARROLL, PRESIDING JUSTICE.

Rehearing denied April 6, 1961.

This appeal emanates from a controversy concerning the dismissal of plaintiff as a teacher by the Board of Education of South Fork Community High School District No. 310 in Christian County, Illinois.

Plaintiff had been employed as a home economics teacher in the district for more than two years and had attained contract continued service status under the Teacher-Tenure Law.

On March 19, 1958, the defendant Board voted to rehire plaintiff for the 1958-1959 school year, at an annual salary of $4,100. Minutes of its meeting of April 15, 1958 show that the Board agreed to add $100.00 to her salary, making a total salary of $4,200 for 10 months service. At a meeting on May 3, 1958, the Board approved a motion to the effect that plaintiff's failure to return her contract in the allotted 30 days be taken as conclusive evidence that she does not seek re-employment as a home economics teacher. At the same meeting the Board voted to hire Katherine Constantino to take plaintiff's position as home economics teacher for 1958-1959 at a salary of $4,200. After its action of May 13, 1958, the Board learned that since plaintiff was under tenure she was not required to return her contract within 30 days. The next action taken by the Board with reference to plaintiff's employment was at its regular meeting of July 10, 1958. The minutes of such meeting disclosed the following:

"A motion was made by Roseberry to send a dismissal letter to Lesah Jouett Allione by School Attorney Harold Broverman on July 11, 1958. Motion was seconded by Driskell. The vote was as follows: Roseberry, aye; Driskell, aye; Dambacher, aye; Pagliai, aye."

On July 11, 1958, the Board sent plaintiff a dismissal notice which was as follows:

"Dear Mrs. Allione:

This is to inform you of your dismissal as a teacher of South Fork Community High School District No. 310, Christian County, Kincaid, Illinois. The dismissal date is November 2, 1958. Furthermore, you are hereby suspended effective July 11, 1958, without pay.

This action has been taken by the Board of Education because of the following reasons:

1. Your actions and general attitude in the past have been detrimental to the best interest of the school.

2. Insubordination.

It is the unanimous opinion of the Board of Education that this case is not remediable."

Plaintiff requested and was granted a public hearing which began on August 27, 1958 and after numerous adjournments was completed on February 5, 1959. At the conclusion of the hearing the Board found from the testimony that plaintiff had been guilty of insubordination and that her actions and general attitude in the past had been detrimental to the best interest of the school and notified her that it was confirming her dismissal as of July 11, 1958. Plaintiff then brought this ...


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