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Chicago Teachers Union, Localno. 1 v. Board of Education of the City of Chicago, et al

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ARGUED JANUARY 7,2011

Before MANION and WILLIAMS, Circuit Judges, and CLEVERT, District Judge.*fn1

Facing significant budget deficits, the Chicago Board of Education was forced to lay off nearly 1,300 teachers in several stages during June, July, and August of 2010. Although some of those teachers have been re-hired, many have not, even as new vacancies have arisen within the Chicago Public School system. The teachers contend that they have a due process right under the Fourteenth Amendment to an opportunity to show that they are qualified to fill new vacancies as they arise for a reasonable period of time. We agree. The district court entered an injunction requiring the Board to collaborate with the Union to promulgate regulations to establish recall procedures pursuant to Section 34-18(31) of the Illinois School Code. While we agree that the Board should promulgate the regulations, there is nothing in Section 34-18(31) that requires cooperation with the Union. We therefore direct the court to modify the injunction to make it conform to this opinion.

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