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POWELL v. BOARD OF EDUCATION

Nos. 3-89-0084, 3-89-0158 cons.

189 Ill. App.3d 802 (1989)

545 N.E.2d 767

KENNETH E. POWELL, Appellee, v. BOARD OF EDUCATION OF THE CITY OF PEORIA, DISTRICT 150, et al., Appellants.

Appellate Court of Illinois — Third District.

Opinion filed September 22, 1989.

Attorney(s) appearing for the Case

James W. Springer, of Kavanagh, Scully, Sudow, White & Frederick, P.C., of Peoria (Julian E. Cannell, of counsel), for appellant Board of Education of the City of Peoria.

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Karen Michels Caille, Assistant Attorney General, of Chicago, of counsel), for appellant Illinois State Board of Education.

Hamm & Hanna, Ltd., of Peoria (Ronald L. Hamm, of counsel), for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

This case of first impression arises under article 24A of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24A-1 et seq.), more particularly section 24A-5. We are required to decide what, if any, role remains under article 24A, effective September 25, 1985, for the school board in remediation for unsatisfactory teachers, and discharge of such teachers if remediation fails...

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