Judge: D303 Lawsuit Remains in Federal Court, Unless ... (UPDATE)

• UPDATE: The attorney for District 303 was reached for comment since the story was first filed. 

For a second time in as many months, Federal Judge Harry Leinenweber denied a request by St. Charles parents to send their back to a Kane County courtroom.

However, Leinenweber left the door open for a way to remove any federal jurisdiction from their complaint, which would assure a return to state court, according to a ruling released Thursday.

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Leinenweber said the group's assertion the school district violated equal protection rights as part of a school merger plan qualifies it for a federal venue, although issues of local due process and Illinois School Code violation are best suited for state court.

"If plaintiffs dismiss their equal protection claim ... the court would lack jurisdiction over the case," Leinenweber wrote in the two-page ruling mailed to both sides.

A group of Davis parents claim the district violates equal protection—a right viewed by Leinenweber as identical in state and federal terms—because the merger plan doesn't allow them to opt out their children to different schools. That provision stands in contrast to the district's enrollment policy, the lawsuit states.

Anthony Loizzi, attorney for the district, said the parents group filed a motion Thursday to voluntarily dismiss some of their claims in the ongoing attempt to get the case back to Kane County. Another hearing is scheduled for June 1. The attorney for the group could not immediately be reached for comment Thursday.

The case stems from D303's plan to reorganize Davis and Richmond schools into two new grade-level centers, an idea viewed by the group as the district's way of circumventing state rules for improving test scores at Richmond after three failing years and, down the road, the potential for mandatory restructuring if it continues to register failing numbers during five consecutive school years, according to the amended suit filed on April 28.

The district has not formally responded to the second complaint, but maintains the plan seeks to enhance the education of its students at both schools.

Also on the table for a Leinenweber ruling is D303's request to have the parents pay for legal fees incurred thus far in the case. In court filings, the district contends the group has used "unreasonable and vexatious conduct" to increase the district's expenses "all at the busiest time of the school year, in the midst of a financial crisis." That amount was more than $25,000, as of early May.

The group responded recently, stating D303 has failed to show any legally sanctionable moves in their case that could give the district a reason to demand payments. It's not clear when Leinenweber could decide the issue.