State Supreme Court ruling backs Chicago Public Schools

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CPS attorney James C. Franczek, Jr. and Jennifer Dunn at a hearing before the Illinois Educational Labor Relations Board last year. | John H. White~Chicago Sun-Times.

Updated: March 20, 2012 8:20AM

Hundreds of tenured Chicago Public Schools teachers laid off for economic reasons in 2010 do not have the right to be rehired to new jobs, unlike other teachers in the state, the Illinois Supreme Court ruled Friday.

CPS officials hailed the decision as “historically significant” and a reaffirmation of reforms that began with the 1988 Chicago School Reform Act and the discretion it gave CPS principals to hire staff.

“The Illinois Supreme Court in this decision essentially upheld the right of (a CPS) principal to decide who is going to fill a vacancy,’’ CPS attorney James Franczek said.

However, Chicago Teachers Union President Karen Lewis said the opinion “amplifies Chicago’s separate and unequal practices.’’ The union disputes the high court’s 5-2 decision and is “evaluating its options,’’ Lewis said.

A CTU attorney described the high court’s ruling as “advisory’’ and said it will be sent to a federal appeals court.

Tenured teachers with satisfactory records in other Illinois school districts have the right to be rehired to fill vacancies for up to two years after a layoff.

Language deleted in 1995 from the Chicago school reform law that concerned layoffs and rehiring reflects a “clear legislative intent” to change the rights of CPS tenured teachers following layoffs, the Supreme Court ruled.

Chicago Public Schools officials noted that the justices also ruled that CPS is not required to adopt a policy for rehiring laid-off teachers, but if it does, job performance must be a factor in determining which teachers return.

The Supreme Court decision comes after 2010 budget cuts forced Chicago Public Schools to lay off 1,289 teachers. Later, federal funds allowed CPS to rehire about 715 tenured teachers.

The union complained that other positions were filled with new hires instead of laid-off tenured teachers.