Tenured Teacher Dismissal for Cheating on Statewide Testing Affirmed by Illinois Appellate Court

 

In Longanecker v. East Moline School District No. 37, the Court found ample evidence of irremediable misconduct when a student teacher reported that her supervising teacher, in 2014, had opened a testing booklet in advance of administering the test in violation of the rules.  While the teacher maintained that it was a student whose booklet was opened that had violated the rules, the student teacher persisted through multiple hearings and testified under oath that the accused tenured teacher had been the person who violated the rules.  Just as importantly, the Court reviewed the testimony of two students who also testified that the teacher had engaged in other behaviors during testing that were in violation of the rules.

 

At hearing, the Hearing Officer found that the fact that one the students' testimony changed after initial hearing was important, and found insufficient evidence to support the charge of misconduct, recommending the teacher be reinstated.  After the Board of Education found the Hearing Officer's decision in error, chiefly noting that there was ample evidence of misconduct and good cause for the student to have changed testimony (there had been significant time since the event, and the student expressed dismay at his testimony being the cause of his teacher losing her job), and that the teacher's testimony was not compelling or credible.

 

The Court affirmed the Board's decision to reverse the Hearing Officer, and represents an important case affirming a Board's decision to reverse a Hearing Officer's reinstatement of a tenured teacher since the law (commonly known as "SB7") gave such power to the Board of Education.  Distinguishing two prior decisions where the Court reversed the School Board's decision and upheld the hearing officer, the Court explained that witnesses in the prior case of Burgess v. Illinois State Board of Education testified in conflict of each other, and that it was not reasonable for the Board to affirm the testimony of biased witnesses standing ten feet further from an event that those who were within two feet.  In Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, the Court noted that its decision was based on much more minor misconduct, namely late arrivals, where in this case the severity of the cheating compromised statewide tests, testing procedures, and school recognition. 

 

While an appeal to the Illinois Supreme Court may occur, if the case stands it could stand as an important affirmation of the Board's right to dismiss a tenured teacher for serious and intentional misconduct, and an affirmation of the standard of reversal of a hearing officer if the decision is against the manifest weight of the evidence.  The case highlights the extreme difficulty in affirming teacher dismissals, and the importance of an honest review of evidentiary basis for decisions.  When confronted with serious misconduct, schools are well-advised to be sure that good and credible witnesses will testify competently and consistently at hearing, and that the Board of Education is well-prepared for the length, difficulty, and painful nature of a tenured teacher dismissal case.