Recall rights.

Last week the Illinois Supreme Court ruled against the Chicago Teachers Union in a case involving the recall rights of teachers.

The suit was brought by the union against the CPS in a case where 750 tenured teachers were released in 2010 for economic, not performance, reasons. While teachers outside of Chicago have recall rights, meaning a stated policy about who gets called back to work if jobs become available, CPS has no policy. They can do whatever they want.

In 1995 the state legislature surgically removed Chicago teachers from rules governing layoffs and recalls.

From the dissenting opinion of Justice Theis:

Before 1995, tenured teachers in Chicago whose services were “no longer required because of a decrease in student membership, a change in subject requirements within the attendance center organization, or the closing of an attendance center” enjoyed recall rights under section 34-84. See 105 ILCS 5/34-84. These rights were similar to those of tenured teachers elsewhere in Illinois. Then the School Code was amended. The legislature retained recall rights for downstate teachers, but altered such rights for Chicago teachers.

Justice Theis in his dissent claims that the CPS board, failing to establish any recall policy, denies the teachers and the union their rights to due process.

The legislature placed power with the Board, and the Board must exercise that power—not just with respect to layoffs, but more importantly with recalls—in order to protect the rights of tenured teachers.

Though the majority indicates that the Board remains free to ignore its power, I urge the Board to complete its work. If it refuses, I urge the legislature to clarify the recall rights of tenured teachers in Chicago, as it has done before, and as it does currently for tenured teachers elsewhere in our state.

Since 1995 much has happened to destroy the tenure rights of teachers throughout the state. Senate Bill 7 is the latest and most devastating. SB7 provides that tenured teachers throughout the state are divided into four categories for the purpose of layoffs that could result from decreases in enrollment or revenue.

This is not about firing bad teachers. This is about reductions in force due to revenue or enrollment declines.

While tenure plays a minimal role in the placement of teachers into the four different categories, principals and administrators have far more discretion in using RIFs (Reduction in Force) to get rid of teachers for arbitrary reasons.

In 1995, when the legislature exempted CPS from rules governing layoffs, it was the first step in an attack on tenure state-wide.

The Supreme Court decision last week on recall rights is a defeat for teachers in Chicago.

It  is only a matter of time until the recall rights of all Illinois teachers will be challenged.