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HAYES v. BD. OF EDUCATION

No. 17037.

103 Ill. App.3d 498 (1981)

431 N.E.2d 690

GARY T. HAYES, Petitioner-Appellee, v. BOARD OF EDUCATION OF AUBURN COMMUNITY UNIT SCHOOL DISTRICT, Respondent-Appellant.

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing March 1, 1982.

Attorney(s) appearing for the Case

Richard A. Hollis, of Springfield, for appellant.

Drach, Terrell & Deffenbaugh, P.C., of Springfield, for appellee.

Order affirmed.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

We confront here troublesome problems arising in the application of the tenure provisions of section 24-12 of The School Code (Ill. Rev. Stat. 1979, ch. 122, par. 24-12) when, as is increasingly the case, a school district reduces its teaching staff because of declining enrollments. At issue is the meaning of that portion of section 24-12 which requires the district to "remove or dismiss...

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