Chicago Teachers Union, Local 1 v. Board of Education

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 board of education of the City of Chicago from having to comply with certain mandates pertaining to physical education classes. On the parties’ cross-motions for summary judgment, the…