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Mann v. Bd. of Education of Red Hill

OPINION FILED MARCH 14, 1980.

FRED R. MANN, PETITIONER-APPELLANT,

v.

BOARD OF EDUCATION OF RED HILL COMMUNITY UNIT SCHOOL DISTRICT NO. 10, RESPONDENT-APPELLEE.



APPEAL from the Circuit Court of Lawrence County; the Hon. CARRIE LaROE WINTER, Judge, presiding.

MR. PRESIDING JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

The petitioner, Fred R. Mann, was a probationary teacher whose employment was terminated at the end of the 1976-1977 school year by the respondent Board of Education of Red Hill Community Unit School District No. 10 (Board).

Mann appeals from a dismissal of his petition for writ of mandamus which sought to compel the Board to reinstate him as a full-time teacher and to pay damages in the amount of back pay accruing from the date of his termination.

Mann was first employed as a junior high school music teacher by the Board in 1974 and taught for the entire 1974-1975 and 1975-1976 school years. On March 26, 1976, the president of the Board sent a written notice to Mann which purported to extend his probationary teaching period for an additional year pursuant to section 24-11 of the School Code (Ill. Rev. Stat. 1975, ch. 122, par. 24-11). The notice read as follows:

"March 26, 1976

Mr. Fred Mann, Teacher Red Hill Junior High School Sumner, IL 62466

Dear Mr. Mann:

The Board of Education did vote to extend your probationary period to the 1976-77 school year. You should plan to improve your teaching skills during the year. Some of the improvements needed are:

1. Better control of students during band and chorus periods.

2. More preparation and planning so that students know what you are trying to do.

3. Establishing goals so that students know what is expected.

4. More challenges for good music students.

5. Special help for less capable students.

6. More enthusiasm so that students believe you think music is very important — at least while ...


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