Can a Teacher Be Fired Without Notice for Using Physical Force When Disciplining Students ?
In Board of Education of School District No. 131 v. State Board of Education, 99 Ill. 2d 111, 457 N.E.2d 435, 75 Ill. Dec. 441 (1983) a teacher was dismissed without notice for using physical force when disciplining students during the last six weeks of his employment.
The teacher had previously taught for 17 years without difficulty, the incidents were isolated, and the students involved did not suffer "significant damage" causing them to miss school or seek medical attention. the supreme court found that the teacher should not have been terminated under those circumstances because his conduct was remediable. School District No. 131, 99 Ill. 2d at 119-21, 457 N.E.2d at 439-40.
In Gilliland v. Board of Education of Pleasant View Consolidated School District No. 622, 67 Ill. 2d 143, 153, 365 N.E.2d 322, 326, 8 Ill. Dec. 84 (1977), the supreme court adopted a two-part test for determining whether a tenured teacher may be dismissed.
Under this test, dismissal is proper only:
(1) if damage was done to students, faculty, or the school;
(2) if so, the damage could not have been corrected by warning the teacher. Gilliland, 67 Ill. 2d at 153, 365 N.E.2d at 326.