Peters v. Board of Education

In this appeal, we are called upon once again to interpret the tenure provisions of section 24 — 12 of the School Code (Ill. Rev. Stat. 1979, ch. 122, par. 24 — 12) as they apply to a full-time teacher who was dismissed as a result of faculty reductions in the respondent school district. The controversy focuses upon that portion of section 24 — 12 which requires the school board to dismiss teachers of lower seniority before dismissing a tenured teacher of higher seniority who is legally qualified to hold a “position” currently held by the teacher of less seniority.

On July 28,1981, petitioner…