Lawsuit: D105 Terminated Teacher With 'Serious Medical Condition'

A former seventh-grade teacher at has accused of breaking federal law and state school code by terminating his contract while on leave for "temporary mental illness," according to a federal lawsuit.

Chad Roark spent three years with the district before losing his job in 2009. He claims Superintendent Glenn Schlicting opted to let Roark go while Roark was in the middle of an approved absence allowed under the Family Medical Leave Act, the suit states.

He further claims that temporary mental or physical incapacity to work is not a reason allowed for dismissal in the Illinois School Code.

In its response filed Jan. 27, the district denies, among other things, that Roark received permission for the FMLA time off or that Schlicting was generally aware of Roark's "serious medical condition."

Ryan Nalley, Roark's attorney, said he could not offer further comment. An attorney for the district could be reached for comment this week. The case returns to court in May.

Roark suddenly became ill on March 17, 2009, and within two days filed an FMLA request with the district that included information from his medical providers. On March 26 of that year, Roark claims to have received a letter from Schlicting explaining he would recommend the school board not renew his contract.

The move came before Roark received his annual evaluation and while Schlicting knew Roark "was on leave due to a serious medical condition that qualified (him) for leave pursuant to the FMLA," the lawsuit contends.

At a March 30, 2009 school board meeting, members decided not to renew Roark's contract, even though the item was not on the agenda, according to the lawsuit. Roark's name is not specifically listed on the agenda, but minutes from that meeting show Roark listed under "personnel action" and a 7-0 vote to approve the non-renewal.

The suit also alleges Schlicting e-mailed several questions, about medical issues not related to Roark's job, to Roark for his doctors to answer, requested Roark to do work while on leave and that the district had a duty to hold Roark's job until his leave ended.