Lincoln-Way Parents Sue to Stop LW North High from Closing

A group of Lincoln-Way District 210 residents is suing to block the closing of Lincoln-Way North High School.

“We believe the decision of the District 210 Board of Education to close an eight-year-old, state-of-the-art high school was not only unlawful, but an arbitrary, capricious and unreasonable decision aimed at preventing the Illinois State Board of Education and community members from learning about the malfeasance of the Board for the past 15 years,” said Todd Velky, a member of Lincoln-Way Area Taxpayers Unite, in a statement released Tuesday.

The taxpayers group formed this year as District 210 officials discussed closing a school. The decision officially was made in August, although the district appeared to be heading in that direction for much of the year. Word first surfaced publicly in May — at the time, Supt. Scott Tingley said “no formal discussions” had taken place — but sources say administrators had been talking privately about closing LW North for months before that.

LWATU and individual parents who’ve joined the legal action note in the lawsuit that the first public mention by the Board of the possibility of a school closure came during discussion at the June 11, 2015, Board of Education meeting.

Just two months later, on Aug. 13, 2015, the Board voted 5-2 to close North. The school is scheduled to close at the conclusion of this academic year.

The plaintiffs maintain that the board did not fully consider all options before deciding to close North.

The group is seeking a preliminary injunction to prevent the school’s closing, and ultimately wants to see a court rule in its favor and overturn the school board’s decision.

The group has scheduled a 1 p.m. press conference Wednesday in Frankfort Square to discuss the lawsuit, which is 180 pages in length and covers a number of topics, including school-fund management, accounting practices, failure to properly investigate costly water leaks, conflicts of interest in managing the Lincoln Way 210 Foundation for Excellence (an independent non-profit whose director is a full-time district employee), and maneuverings to avoid compliance with the Freedom of Information Act.

The suit, which includes more than 200 pages of exhibits, is filed in Will County. An initial hearing has been scheduled for April 18.

LWATU maintains the board and the school district administrators have made questionable, irresponsible, even sneaky, financial decisions.

“Our group of volunteers has uncovered consistent deficit spending because of unprecedented practices including raiding of the Student Activity Fund, and financial support of pet projects completely unrelated to the education of our students,” Velky said. “We have spent months analyzing the financial records of District 210, and information gathered from mountains of requests under the Freedom of Information Act. This is the work the Board should have been doing all along.”

The lawsuit also alleges the district lacked a formal fraud-risk assessment and a fraud-risk program, as recommended by an auditor in 2008.

Sources in the district say some of the FOIA requests filed by LWATU and news media organizations are not being complied with fully by the administration.

In August, at a packed school board meeting at Lincoln-Way Central High School, board members discussed the various options for closing various schools, including LW East, Central and West. Ultimately, the board quickly discarded other options and focused on closing North.

Students, parents and taxpayers also spoke at the meeting, but board members did not respond directly to their comments or suggestions.

To support the decision to close a school instead of exploring other cuts, Tingley cited a district district survey which concluded that parents were not willing to spend more on fees or cut extracurriculars. The survey, however, collected only 500 responses via the district website. The lawsuit notes that 70,000 people reside within the district.

Lincoln-Way North and Lincoln-Way West are the two newest schools in the district. They are also the smallest. Built at a combined cost of $180 million, North opened its doors to students in 2008 and West followed in 2009. North draws students from Frankfort Square, Tinley Park and parts of Mokena. West’s students are from New Lenox and Mokena. Construction was approved by voters in 2006, and $225 million in bonds were issued to build the two new schools and improve Lincoln-Way East, built in 1977, and Lincoln-Way Central, built in 1954.

The anticipated residential growth, tax revenue and influx of new students expected in the ensuing years did not materialize as the economy soured and housing construction stopped. Almost immediately, the district began to deplete its cash reserve.

LW 210 was placed on the State Financial Watch List in March 2015.

LWATU has requested the School Board conduct a forensic audit of district finances, but Board President Kevin Molloy told the Chicago Tribune a forensic audit was not going to happen unless a current review of past audits shows a need.

State Rep. Margo McDermed has filed several school financial oversight bills this fall, in reaction to the Lincoln-Way revelations, and she asked the Illinois Auditor General to conduct a comprehensive audit of District 210 financial records.

“In speaking with my constituents I heard a lot of concern that, other than waiting years for the next election, there is little remedy for constituents when possible mismanagement or abuse happens at the school board level,” McDermed said on Patch. “The state has an inspector general to guarantee that there is accountability in state agencies, it’s time we brought that same accountability to those we entrust with our children’s education.”

After deciding to close North, the district hired an outside financial consultant to go over the books and oversee spending. Steve Langert, now retired, was formerly assistant superintendent for business services in Consolidated High School District 230 and director of business services in Plainfield Consolidated District 202. He was hired in September. He is working for 100 days in District 210 at a rate of $600 per day.

Ron Sawin, the district’s current assistant superintendent for business, remains with the district. Tingley was hired as superintendent in December 2012 after a year and half as LW East principal, two years in the personnel office and three years as an assistant principal in the district. He succeeded Lawrence Wyllie, who led the district as superintendent for 24 years and shepherded through the referendum that made the new schools possible.

LWATU believes the district could save millions of dollars by cutting costs, bring in non-tax revenue from families, and avoid closing any of the four Lincoln-Way high schools.

“We want to help the District 210 Board of Education do what is right for our students, and the taxpayers,” Velky said in a statement. “We need to have the Board get to work to preserve the incredible achievements of our children in all four Lincoln-Way High Schools, and respect the taxpayers who work hard to stay in this school district.”

Some district employees, however, believe the financial problems in LW 210 are so severe that next year the district will be talking about closing Lincoln-Way West in New Lenox.