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District 300 Educ. Ass'n v. Board of Educ.

AUGUST 25, 1975.

DISTRICT 300 EDUCATION ASSOCIATION ET AL., PLAINTIFFS-APPELLANTS,

v.

BOARD OF EDUCATION OF DUNDEE COMMUNITY UNIT SCHOOL DISTRICT NO. 300 OF KANE, MCHENRY, DE KALB AND COOK COUNTIES ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Kane County; the Hon. ALFRED Y. KIRKLAND, Judge, presiding. MR. PRESIDING JUSTICE RECHENMACHER DELIVERED THE OPINION OF THE COURT:

This is an appeal from an order of the circuit court of Kane County dismissing a complaint for declaratory judgment and for injunctive relief, brought by a group of school teachers against the Dundee Community School District.

The defendants after making detailed answers to the complaint, moved to strike certain paragraphs thereof, including paragraphs 13 to 21, inclusive, set out below, paragraph 9, hereafter referred to, and the paragraph justifying the cause as a class action. After considering the issues raised by the pleadings the trial court struck these paragraphs and then on motion of the defendants dismissed the complaint as not stating a cause of action. The court did not specifically rule on the propriety of the suit as a class action but stated in his memorandum opinion that the decision on the merits of the allegations as to unreasonable assignments disposed of the case on its merits, rendering the class action question moot. That issue is not raised in the plaintiffs' brief and we do not consider it here.

The complaint comprises some 25 paragraphs in addition to the prayer for relief. However, the gravamen of the complaint is that the plaintiffs, while employed as teachers of specific academic subjects, were assigned various nonteaching duties requiring their presence for supervision of certain nonacademic school activities, such as football and basketball games, pep rallies and music programs, which took place on Saturdays or weekday evenings. These assignments were compensated at a rate of pay lower than their contract pay as teachers. The plaintiffs contend these assignments are in violation of the School Code (Ill. Rev. Stat. 1973, ch. 122) and they seek a declaration from the court so stating and injunctive relief requiring the school board to refrain from making such assignments to teachers.

Paragraphs 13 through 21 of the complaint set forth the assignments complained of which are the basis of the suit and which may be summarized as follows:

13. An industrial arts teacher was assigned to ride a "Pep" bus on a Saturday.

14. A mathematics teacher was assigned to supervise an afternoon football game on a Saturday and a football game on a Friday evening (not consecutive).

15. An English teacher was assigned to "two supervisions as needed."

16. A mathematics teacher was assigned to supervise wrestling matches on two different Saturdays.

17. A guidance counselor was assigned to supervise a "vocal" on a Friday evening and a "vocal program" on a Thursday evening.

18. A mathematics teacher was assigned to supervise a football game and dance on a Friday evening.

19. A biology teacher was assigned to supervise a football game on a Friday night and a basketball game on a Saturday night.

20. A social science teacher was assigned to supervise a football game on a Friday night and a basketball game on a Friday night.

21. A biology teacher and a German teacher were assigned to supervise a basketball game on a Friday night.

The plaintiffs contend these assignments are in violation of the School Code. However, the only specific provision of that statute they invoke as to teacher assignments is a paragraph in section 24-2 (Ill. ...


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