Update: Judge Sides With District 303 in School Merger Case

A Kane County judge ruled in favor of St. Charles School District 303 Monday in a lawsuit filed by a group of parents looking to stop a school merger plan.

Circuit Judge Thomas Mueller's decision, which essentially guts the parents' case, came after attorneys for the district successfully argued against the group's claim that a proposed merger of Davis and Richmond schools violated Illinois law, Superintendent Don Schlomann said Monday afternoon.

"We're certainly gratified with the decision," Schlomann said.

The group filed suit in March alleging the district wanted to combine the schools as a way to circumvent school improvement guidelines meant to remedy low test scores at Richmond. District 303 moved the case to federal court for several weeks, but it eventually returned to Kane County after the complaint was modified to focus solely on issues related to the Illinois School Code.

**UPDATE**

St. Charles attorney Tim Dwyer who represents 11 parents told Patch that "obviously, we're disappointed."

"It's really an important issue statewide," Dwyer said. "If a school district can just close down a school and combine schools and not address the problem that got them there in the first place, the regulations really have no teeth." 

When asked if there would be an appeal, he said, "I think the answer is yes."

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Mueller allowed the case to be expedited because the merger plan impacts the upcoming school year. Schlomann said the district continued to move toward implementing the plan despite the legal action.

"We had not changed our planning process," he said, expressing confidence the district had solid legal grounds to defend the lawsuit.

Mueller scheduled a July 26 hearing on a secondary issue of an alleged Freedom of Information Act violation relating to the merger plan. A federal judge is still considering a district request to be reimbursed for legal fees incurred by the lawsuit.

Schlomann said the district has a $10,000 deductible on legal expenses, with insurance covering fees beyond that. The district, in court records, previously said it has spent more than $25,000 to defend the case.