Verdeyen v. Board of Education of Batavia Public School District No. 101

501 N.E.2d 937, 150 Ill. App. 3d 915, 103 Ill. Dec. 620, 1986 Ill. App. LEXIS 3266
CourtAppellate Court of Illinois
DecidedDecember 5, 1986
Docket2-85-0756
StatusPublished
Cited by11 cases

This text of 501 N.E.2d 937 (Verdeyen v. Board of Education of Batavia Public School District No. 101) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Verdeyen v. Board of Education of Batavia Public School District No. 101, 501 N.E.2d 937, 150 Ill. App. 3d 915, 103 Ill. Dec. 620, 1986 Ill. App. LEXIS 3266 (Ill. Ct. App. 1986).

Opinion

JUSTICE HOPF

delivered the opinion of the court:

Plaintiff, Joann M. Verdeyen, filed a three-count complaint against defendant, board of education of Batavia Public School District No. 101, Kane County, seeking a declaration of her statutory rights under the School Code (Ill. Rev. Stat. 1983, ch. 122, par. 1 — 1 et seq.) and a determination of other contractual and common law rights. Specifically, count I sought declaratory and injunctive relief and damages for defendant’s violation of plaintiff’s seniority rights under sections 10— 22.23, 24 — 11, and 24 — 12 of the School Code (Ill. Rev. Stat. 1983, ch. 122, pars. 10 — 22.23, 24 — 11, 24 — 12). In count II plaintiff requested declaratory and injunctive relief and damages based on equitable estoppel. Count III set forth a claim for declaratory and injunctive relief and damages for the defendant’s breach of the collective-bargaining agreement between defendant and the Batavia Education Association.

Subsequently, plaintiff filed a motion for summary judgment on counts I and III of her complaint, pursuant to section 2 — 1005 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1005) and Illinois Supreme Court Rule 191 (87 Ill. 2d R. 191). Defendant filed a countermotion for summary judgment on counts I, II, and III. Both parties submitted memoranda in support of their respective motions. Following oral argument on the motions, the trial court denied plaintiff’s motion for summary judgment and granted defendant’s motion for summary judgment on counts I, II, and III. This appeal followed.

Plaintiff, a registered nurse who has been licensed by the State of Illinois since 1962, was hired by defendant as a full-time nurse for the 1974-75 school term. At that time, defendant applied for and plaintiff was issued a “letter of approval” from the school approval section of the Hlinois State Board of Education. A second “letter of approval” was issued for the 1975-76 school term.

In 1975 the Illinois State legislature amended section 10 — 22.23 of the School Code (Ill. Rev. Stat. 1983, ch. 122, par. 10 — 22.23), requiring that any school nurse employed by a school board on or after July 1, 1976, must have a school service personnel certificate in accordance with the requisites set forth in section 21 — 25 of the School Code (Ill. Rev. Stat. 1983, ch. 122, par. 21 — 25). School nurses hired prior to July 1, 1976, were not required to have a certificate in order to continue their employment. Section 21 — 25 provides that an applicant for a school service personnel certificate must have a bachelor’s degree from a recognized institution of higher learning. As of June 1976, plaintiff needed 12 credit hours to complete her bachelor’s degree.

According to plaintiff’s affidavit, filed with her motion for summary judgment, plaintiff met with Dr. James A. Clark, superintendent of District 101, before registering for the 1976 summer college term to determine whether it was necessary for her to complete the requirements for her bachelor’s degree during that summer. By completing these requirements, plaintiff would be able to become certified by the beginning of the 1976-77 school term. In her affidavit plaintiff stated that Dr. Clark assured her that it was not necessary for her to become certified by the beginning of the 1976-77 school term. Dr. Clark, in his affidavit which accompanied the defendant’s summary judgment motion, recalled no specific details of his conversation with plaintiff, but related it was not unlikely that he would have told plaintiff that to continue her employment for the 1976-77 school year she did not need to have a school service personnel certificate since she had been hired as a school nurse prior to July 1, 1976.

In her affidavit plaintiff stated that she had relied on the statements which she attributed to Dr. Clark and did not complete the requirements for her bachelor’s degree until the summer of 1977. Following receipt of her degree, plaintiff applied for and was issued a school service personnel certificate.

On March 23, 1983, plaintiff received written notice that defendant had honorably reduced her from a full-time to a part-time nurse due to the financial conditions of the school district. As a result, plaintiff worked three days a week rather than five during the 1983-84 and 1984-85 school years. During the period plaintiff was employed on a part-time basis, Judy Grosklag, a certified school nurse hired in August 1976, continued to be employed on a full-time basis.

In the memorandum supporting her motion for summary judgment, plaintiff contended that Grosklag, rather than plaintiff, should have been reduced from a full-time nurse to a part-time nurse since plaintiff had two more years of seniority with the school district than Grosklag. Plaintiff further stated that due to her reliance on Dr. Clark’s representations that she did not need to become certified by the beginning of the 1976-77 school term, she deliberately refrained from completing her bachelor’s degree until 1977. Plaintiff believed that the defendant would count her seniority as beginning from her date of hire in 1974 and not from her date of certification in 1977. Additionally, plaintiff set forth in her affidavit that due to defendant’s failure to give her proper seniority, she had been paid an improper salary for the school years of 1977-84.

Following a hearing on plaintiff’s motion for summary judgment as to counts I and III of plaintiff’s complaint and on defendant’s motion for summary judgment as to counts I, II, and III, and a review of the pleadings and memoranda filed by the parties, the trial court found that the plaintiff did not become certified for tenure by virtue of the 1975 amendment of section 10 — 22.23 of the School Code; that plaintiff first qualified for tenure for the 1979-80 school term; that Judy Grosklag qualified for tenure for the school term 1978-79; and that count II of plaintiff’s complaint did not state a cause of action in estoppel.

On appeal plaintiff contends: (1) that the trial court erred in determining that plaintiff did not become automatically certified by virtue of the 1975 amendment to the School Code and therefore did not enter into contractual service in the 1976-77 school term; (2) that plaintiff had more continuous service within the school district than Grosklag; (3) that the trial court erred in granting summary judgment for the defendant on count II; and (4) that the trial court erred in holding that defendant did not breach the collective-bargaining agreement between defendant and the Batavia Education Association.

When defendant hired plaintiff in October 1974, school nurses were not required to be certified under the School Code. In 1975 the Hlinois legislature amended section 10 — 22.23 of the School Code to require that school nurses be certified. As amended, the section provides:

“To employ a registered professional nurse and define the duties of the school nurse within the guidelines of rules and regulations promulgated by the State Board of Education. Any nurse first employed on or after July 1, 1976 must be certificated under Section 21 — 25 of this Act.” (Ill. Rev. Stat. 1983, ch. 122, par. 10-22.23.)

Under the amendment, a school board could continue to employ an uncertified nurse if she was hired prior to July 1, 1976.

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501 N.E.2d 937, 150 Ill. App. 3d 915, 103 Ill. Dec. 620, 1986 Ill. App. LEXIS 3266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verdeyen-v-board-of-education-of-batavia-public-school-district-no-101-illappct-1986.