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CHICAGO TEACHERS UNION v. BOARD OF EDUC.

No. 87644.

724 N.E.2d 914 (2000)

189 Ill.2d 200

244 Ill.Dec. 26

CHICAGO TEACHERS UNION, LOCAL 1, et al., Appellees, v. The BOARD OF EDUCATION OF the CITY OF CHICAGO et al., Appellants.

Supreme Court of Illinois.

January 21, 2000.

Attorney(s) appearing for the Case

James G. Ciesil, Board of Education of the City of Chicago Law Department, Chicago, for Board of Education of the City of Chicago.

Ronald A. Stearney, Jr., Assistant Attorney General, Chicago, for Illinois State Board of Education, Joseph A. Spagnolo.

Gregory N. Freerksen, Witwer, Poltrock & Giampietro, Chicago, for Stewart Templer.

Chief Justice HARRISON delivered the opinion of the court:

At issue in this case is the constitutionality of section 2-3.25g of the Illinois School Code (105 ILCS 5/2-3.25g (West 1996)), which allows school districts to petition the State Board of Education for waiver or modification of the School Code's mandates. The circuit court held that the statute constituted an impermissible delegation of legislative authority and could not serve as the basis for excusing the...

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