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No decision yet in St. Charles school merger case

Published: Thursday, Aug. 15, 2013 5:34 a.m. CDT

ST. CHARLES – A Kane County judge has yet to decide whether St. Charles School District 303 acted within the law when it reconfigured two elementary schools.

Both sides have given Judge David Akemann their proposed orders – written reports detailing what they think his decision should be.

Testimony for the bench trial ended Aug. 1.

The plaintiffs’ attorney, Timothy Dwyer, has asserted the district circumvented No Child Left Behind regulations when it merged the attendance areas of Richmond and Davis elementary schools and made Davis a K-2 school and Richmond a 3-5 school.

District officials testified the Richmond-Davis plan addressed a facilities issue.

The plaintiffs – parents who sought legal action soon after the school board approved the school plan in March 2011 – are calling for the schools to return to their status quo.

The first day of school in St. Charles is Wednesday.

During testimony, Superintendent Don Schlomann said it would be “extremely difficult” to undo the changes.

Testimony was also given by plaintiffs J. Lyell Clarke and Steven Schulze; school board members Edward McNally and Kathy Hewell; two representatives from the Illinois State Board of Education, including Superintendent Christopher Koch; and District 303 administrators Becky McCabe and Mark Pomplun.

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