Court rules in favor of teacher's tenure despite leave of absence

The Appellate Court of Illinois for the Fifth District recently ruled that a certified teacher who is employed for four consecutive years is entitled to contractual continued service (tenure) even though she was on a paid leave of absence for one of the four years. See Wood v. North Wamac School District No. 186, No. 5-07-0563 (5th Dist. 2008).

The Plaintiff, Tammy Wood, a certified teacher, was employed by District No. 186 beginning in the 2001-2002 school year. In June 2004, Ms. Wood was seriously injured in a car accident. Ms. Wood requested and was granted a paid leave of absence for the entire 2003-2004 school year due to her injuries. Ms. Wood returned to teach throughout the 2004-2005 school year.

In March 2005, the Board notified Ms. Wood that she would not be re-employed for the upcoming school year and the Board did not provide a specific reason. Ms. Wood then filed this lawsuit claiming that she was entitled to tenure and that her dismissal was deficient under the School Code because the Board did not provide her a specific reason. District No. 186 argued that Ms. Wood was not eligible for tenure status because she did not teach for four consecutive years due to her leave of absence. Ms. Wood prevailed before the Circuit Court of Marion County.

District No. 186 appealed. The District again argued that Ms. Wood's failure to teacher during her leave of absence made her ineligible for tenure. Like the Circuit Court, the Appellate Court rejected this argument. The Court found that the School Code does not require a teacher to teach for four consecutive years to attain tenure. The Court held that since District No. 186 employed Ms. Wood as a full-time teacher for four consecutive years, she was eligible for tenure unless given a written notice stating a specific reason for the dismissal. The Appellate Court affirmed the Circuit Court's order requiring District No. 186 to reinstate Ms. Wood to her teaching position, pay her $58,092.23 plus amounts owed to Ms. Wood's retirement, and credit Ms. Wood missed sick days and personal days.