The People v. Hicks

This case involves the constitutionality of sections 1A-1 and 1A-2 of the Illinois School Code (Ill. Rev. Stat. 1973, ch. 122, par. 1A-1, 1A-2), which prescribe the qualifications for membership on the State Board of Education and establish regional representational districts. Two separate actions challenging these provisions were filed in the circuit court of Sangamon County. Plaintiffs in one case are Jack Hoskins and other individuals, all of whom are disqualified from membership on the State Board of Education by section 1A-2. The other case is a class action brought by the Illinois Federation of Teachers and named individuals, on behalf of all persons disqualified from membership on the State Board of Education by section 1A-2. The complaints request a declaratory judgment that the sections are unconstitutional, and also request appropriate injunctive relief. Because the cases involve the same legal issues they were consolidated by the circuit court. Subsequently the court allowed the motion of defendant Governor Walker for summary judgment. We granted plaintiffs motion to transfer the appeal to this court pursuant to Supreme Court Rule 302(b). 50 Ill.2d R. 302(b).